A DWI arrest in Austin, Texas can happen in seconds—a traffic stop on I-35, a checkpoint near downtown, or a fender-bender on South Congress. What comes next can affect your driver’s license, your job, your criminal record, and your future for years to come.
The clock starts ticking the moment you’re arrested. Travis County and Texas law impose strict deadlines that can permanently affect your driving privileges if you miss them. Understanding what you’re facing and taking immediate action with an experienced dwi lawyer in Austin can make the difference between a devastating outcome and a manageable resolution.
This guide walks you through everything you need to know about DWI charges in Austin—from the critical first steps after arrest to building a strong defense, understanding your options, and protecting your future.
Immediate Steps After a DWI Arrest in Austin, Texas
If you’ve been arrested for driving while intoxicated in Austin or Travis County, you have as little as 15 days from the date of arrest to take action to protect your Texas driver’s license. Missing this deadline can trigger consequences that are difficult or impossible to undo.
Here’s what happens and what you need to do:
The 15-Day ALR Deadline
After a DWI arrest in Austin, you have exactly 15 days to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. This hearing is your opportunity to challenge the automatic suspension of your license—but only if you request it in time.
What Happens If You Miss the Deadline
If no ALR request is filed within 15 days, your license will automatically suspend on the 40th day after the notice of suspension is served. There are no extensions, and the suspension goes into effect whether you’re ready or not.
Protect Yourself Before Speaking to Anyone
Do not discuss the facts of your case with police, your employer, friends, or on social media before speaking with an Austin DWI lawyer. Anything you say can become evidence. Even well-meaning explanations can be twisted to support the prosecution’s case against you.
Contact a Lawyer Immediately
Reaching out to a local DWI attorney in Austin the same day—or within 24 to 48 hours of your arrest—is critical. Early intervention allows your lawyer to:
- File the ALR hearing request before the 15-day deadline
- Preserve crucial evidence like dash-cam and body-cam footage
- Request police reports and witness statements
- Begin building your defense strategy while details are fresh
Time is not on your side after a dwi arrest. The sooner you act, the more options you’ll have.
Why You Need a Local DWI Lawyer in Austin, TX
Travis County, Williamson County, and Hays County courts handle thousands of dwi cases every year. Each courthouse has its own procedures, personalities, and patterns. A lawyer who practices in other parts of Texas—or who handles DWI as a sideline—won’t have the local knowledge that can directly impact your case.
Familiarity with Austin-Area Courts
An Austin DWI attorney who regularly appears in local courtrooms knows:
- Travis County Criminal Courts at Law – How each judge handles DWI dockets, typical bond conditions, and trial tendencies
- Travis County Court at Law #4 – The specialized DWI docket and its specific procedures
- Williamson and Hays County Courts – Local prosecutor approaches and diversion program availability
Relationships That Matter
A defense attorney with a consistent presence in Austin courts has developed professional relationships with prosecutors and understands local plea offer patterns, dismissal trends, and which arguments resonate with specific judges. This isn’t about favoritism—it’s about knowing how the system actually works in practice.
Understanding Local Law Enforcement Patterns
Austin police, the Travis County Sheriff’s Office, and DPS troopers each have different training protocols, documentation habits, and common errors. An experienced dwi lawyer in this area knows:
- How APD officers typically conduct traffic stops and field sobriety tests
- Common equipment issues with breathalyzers used locally
- Which hospitals handle blood draws and how lab results can be challenged
Local experience isn’t just a nice-to-have. It’s often the difference between a favorable outcome and a worst-case scenario.
Understanding DWI vs. DUI in Austin, Texas
Texas law distinguishes between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence). While these terms are often used interchangeably in casual conversation, they carry different legal meanings in Austin courts.
DWI Under Texas Penal Code § 49.04
DWI applies when a person operates a motor vehicle in a public place while intoxicated. This covers drivers of all ages and includes impairment from alcohol, controlled substances, drugs, or any combination.
The Legal Definition of “Intoxicated”
Under Texas Penal Code § 49.01, a person is considered intoxicated if they:
- Have lost normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or a combination, OR
- Have a blood alcohol concentration of 0.08% or higher (the legal limit)
You can be charged with DWI even if your BAC is below 0.08% if officers observe clear impairment affecting your normal control of mental or physical faculties.
DUI for Drivers Under 21
DUI in Texas typically applies only to drivers under 21 under Texas Alcoholic Beverage Code § 106.041. Texas has a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol—even well below 0.08%—can result in DUI charges for a minor.
When Both Charges Apply
In Austin, a driver under 21 could face:
- DUI for any detectable alcohol
- DWI if their BAC reaches or exceeds 0.08% or they show clear impairment
This means a 19-year-old pulled over in Travis County could potentially face both dui charges and dwi charges in the same incident—each carrying separate penalties and consequences.
Texas DWI Law and Penalties in Austin
The criminal penalties for a DWI in Austin depend on several aggravating factors: your BAC level, prior convictions, whether a child passenger was present, and whether the incident involved an accident or injury.
First DWI Offense
A first time dwi in Texas is typically charged as a Class B misdemeanor with:
- Up to 180 days in jail
- Fines up to $2,000
- License suspension of 90 days to 1 year
- Mandatory alcohol education program
- Possible ignition interlock devices requirement
If your BAC was 0.15% or higher, the charge can be enhanced to a Class A misdemeanor with increased jail time up to one year and fines up to $4,000.
Second DWI Offense
A second dwi is a Class A misdemeanor carrying:
- Up to 1 year in jail with mandatory minimum jail time
- Fines up to $4,000
- Driver’s license suspension of up to 2 years
- Mandatory interlock device installation
Felony DWI Offenses
Third or subsequent DWIs become a third degree felony with exposure to:
- 2 to 10 years in state prison
- Fines up to $10,000
- Felony criminal record
Other situations that trigger felony charges include:
- DWI with child passenger (under 15 years old) – State jail felony
- Intoxication assault – Third-degree felony for causing serious bodily injury
- Intoxication manslaughter – Second-degree felony for causing death
These felony dwi cases carry severe long term consequences that extend far beyond the courtroom, affecting employment, housing, and civil rights for years or decades.
How an Austin DWI Lawyer Builds Your Defense
Effective DWI defense in Austin isn’t about finding loopholes—it’s about holding the state to its burden of proof at every stage. An experienced criminal defense attorney will attack the legality of the stop, the validity of the arrest, and the reliability of all test evidence.
Challenging the Traffic Stop
The first question: Did police have reasonable suspicion to pull you over?
Whether it was alleged speeding on I-35, lane drifting on MoPac, or a crash on Cesar Chavez, your lawyer will review:
- Dash-cam footage showing your driving before the stop
- The officer’s stated reason for initiating the traffic stop
- Whether the basis for the stop holds up under legal scrutiny
If the stop itself was unlawful, all evidence obtained afterward may be suppressed.
Analyzing Probable Cause for Arrest
Once stopped, police need probable cause to arrest you. Your attorney will scrutinize:
- Officer observations documented in reports
- Body-cam and dash-cam footage from the encounter
- Statements you made during the stop
- Whether Miranda warnings were properly given
Inconsistencies between what officers claim and what video evidence shows can be powerful defense tools.
Attacking Field Sobriety Test Administration
Field sobriety tests—the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand—must be administered according to strict NHTSA guidelines. Common errors include:
- Uneven or sloped testing surfaces
- Poor lighting or weather conditions
- Incomplete or incorrect officer instructions
- Medical conditions affecting performance
- Officer training deficiencies
An Austin dwi attorney will cross examine the arresting officer about every detail of test administration, looking for deviations that undermine reliability.
Challenging Chemical Test Evidence
Breath tests and blood tests are not infallible. Your lawyer can challenge:
- Breathalyzer calibration records – Machines like the Intoxilyzer require regular maintenance
- Blood test chain of custody – Who handled your sample and when
- Storage and handling procedures – Improper storage can cause fermentation or contamination
- Lab technician qualifications – Were proper protocols followed?
- Rising BAC defense – Arguing your blood alcohol concentration was below the legal limit while driving but rose by the time of testing
These technical challenges require an attorney who understands the science and knows how to draw blood from the state’s case.
Administrative License Revocation (ALR) Hearings in Austin
The ALR hearing is a separate civil proceeding in Texas that determines your license suspension—completely independent of your criminal case in Austin courts. Many people don’t realize these are two different battles.
What Triggers the ALR Process
Your license faces automatic administrative suspension if you:
- Refuse a breath or blood test after arrest, OR
- Provide a sample showing BAC of 0.08% or higher
The Texas Department of Public Safety initiates this process, and it moves forward whether or not criminal charges are filed.
Your Rights at the ALR Hearing
An Austin DWI lawyer can:
- Request the hearing within the 15-day deadline
- Subpoena the arresting officer to testify under oath
- Cross-examine the officer about the basis for the stop and arrest
- Challenge whether proper procedures were followed
- Attempt to prevent or shorten any license suspension
ALR and Criminal Case Are Separate
Here’s what catches many people off guard: even if your criminal DWI case is eventually reduced or dismissed in Travis County, a missed or lost ALR hearing can still result in a driver’s license suspension.
Winning the criminal case doesn’t automatically restore your driving privileges. You need to fight both battles.
Collateral Consequences of a DWI Conviction in Austin
The consequences of a dwi conviction extend far beyond fines and potential jail time. In a city like Austin—where driving is essential for most jobs and daily life—the ripple effects can be devastating.
Car Insurance Impacts
After a DWI conviction, expect your auto insurance premiums to increase dramatically. Studies show increases of 200% to 500% are common, and these elevated rates can persist for 3 to 5 years or longer. You’ll likely need SR-22 insurance, which carries additional costs and complications.
Employment Consequences
A DWI creates immediate problems for many professions:
- CDL holders – A commercial driver’s license holder faces career-ending consequences from even a first offense
- Healthcare workers – Nurses, doctors, and other licensed professionals must report convictions to licensing boards
- Teachers – Required disclosure to SBEC can affect certification
- Engineers and other licensed professionals – Many licensing boards require reporting of criminal convictions
- Any job requiring driving – A suspended license can mean job loss
Background checks will reveal your conviction, potentially affecting hiring decisions for years.
Academic and Professional Opportunities
For University of Texas at Austin students or those at other Central Texas institutions, a DWI can trigger:
- Campus disciplinary proceedings separate from criminal court
- Scholarship revocations
- Professional school application complications
- Internship and job offer rescissions
Other Consequences
The collateral consequences continue:
- Travel restrictions – Some countries (including Canada) deny entry to those with DWI convictions
- Housing applications – Landlords increasingly run background checks
- Security clearances – Government and defense contractor positions may be affected
- Professional reputation – In an age of easy internet searches, public records are accessible
A criminal record from drunk driving charges follows you long after you’ve paid fines and completed community supervision.
Expungement and Record Sealing Options After a DWI in Texas
Texas is notoriously strict when it comes to clearing DWI records. However, some people in Austin may qualify for expunction or nondisclosure under specific circumstances.
When Expunction May Be Available
You may qualify to have your arrest record completely expunged if:
- Your DWI case in Travis County was dismissed
- You received a Not Guilty verdict at trial
- Charges were never formally filed
- You completed a pretrial diversion program that resulted in dismissal
An expunction removes the arrest from your criminal record as if it never happened.
Nondisclosure (Record Sealing)
Many dwi convictions cannot be fully expunged. However, first-time offenders may sometimes qualify to seal their record under an Order of Nondisclosure if they:
- Successfully completed community supervision
- Meet waiting period requirements
- Have no disqualifying factors
Disqualifying Factors
Texas law places restrictions on nondisclosure eligibility, including:
- BAC of 0.15% or higher at the time of offense
- Accident causing injury or property damage
- Prior violent offenses
- Multiple DWI offenses
An Austin DWI lawyer can review your case outcomes and dates to determine if and when you might qualify for expunction or nondisclosure.
Special Situations: Under 21, Commercial Drivers, and Out-of-State Drivers
Certain drivers face extra rules and enhanced consequences under texas dwi law when stopped in Austin or Central Texas.
Drivers Under 21
Texas enforces zero-tolerance for underage drinking and driving:
- Any detectable alcohol can trigger DUI charges under the Alcoholic Beverage Code
- BAC of 0.08% or higher adds potential DWI charges
- Penalties include fines up to $2,000, license suspension, community service, and alcohol awareness classes
- Long-term consequences for college applications, scholarships, and early careers
An attorney experienced with juvenile and young adult cases can often work to minimize life impacts and explore record sealing options.
Commercial Driver’s License Holders
CDL holders serving Austin and Central Texas face the strictest standards:
- The BAC threshold drops to 0.04% when operating commercial vehicles
- A DWI conviction results in minimum 1-year CDL disqualification (3 years for hazmat)
- A second offense means lifetime disqualification
- Convictions in personal vehicles still affect commercial driving privileges
For truck drivers, delivery drivers, and others whose livelihood depends on their CDL, even a first offense can end a career.
Out-of-State Drivers
If you’re arrested for DWI in Austin but hold an out-of-state license:
- Texas courts will process your case under texas law
- Texas penalties apply regardless of your home state
- The Interstate Driver’s License Compact means your home state will be notified
- Your home state may take additional action against your license
An Austin tx attorney can coordinate with out-of-state counsel when needed and advise on how Texas proceedings affect your home-state record and driving privileges.
Frequently Asked Questions About DWI in Austin, TX
Will I go to jail for a first DWI in Austin?
Jail time is possible but not guaranteed for a first dwi. Many first-time offenders in Travis County receive probation, community supervision, or qualify for pretrial diversion programs rather than serving jail time. The outcome depends heavily on your BAC level, the circumstances of your arrest, and whether you have an experienced DWI attorney advocating for you. However, even a first offense carries the possibility of up to 180 days in county jail.
Should I refuse a breath or blood test in Texas?
This is one of the most common questions, and the answer isn’t simple. Refusing a chemical test triggers an automatic 180-day license suspension through the ALR process—longer than the 90-day suspension for failing the test. However, refusing may limit the evidence available to prosecutors. Texas can also obtain a warrant to draw blood despite your refusal. The best approach varies case by case, which is why having legal guidance before you’re in this situation is valuable.
How long does a DWI stay on my Texas record?
A DWI conviction in Texas is generally permanent and will appear on background checks indefinitely. There is no automatic expiration. However, some first-time offenders may eventually qualify for nondisclosure (record sealing) under laws effective after September 2017, provided they meet waiting periods and eligibility requirements. Dismissals and Not Guilty verdicts may qualify for complete expunction.
How much does a DWI cost in Austin?
The total cost of a DWI in Austin extends far beyond the initial fine. When you add up court fines, attorney fees, bail, alcohol education programs, probation costs, increased insurance premiums (often lasting 3-5 years), potential ignition interlock devices, and lost wages, many people spend $10,000 to $25,000 or more. Felony cases with prison time can cost even more in lost income and opportunities.
Can I get deferred adjudication for a DWI in Texas?
Deferred adjudication for DWI was effectively eliminated in Texas in 2019. However, Travis County and some surrounding courts offer pretrial diversion programs for eligible first-time offenders. Successfully completing these programs can result in dismissal of charges. Eligibility depends on factors like BAC level, driving history, and case specifics. An Austin DWI lawyer can evaluate whether you qualify for available programs.
Will a DWI affect my professional license?
Many licensing boards—including those for nurses, teachers, lawyers, engineers, and real estate agents—require disclosure of criminal convictions and may take disciplinary action. CDL holders face automatic disqualification. Even if you avoid criminal penalties, licensing consequences can affect your career. Early consultation with an attorney who understands both criminal defense and professional licensing issues is essential.
How an Austin DWI Lawyer Can Help You Right Now
Early intervention by a local criminal defense attorney can fundamentally change the outcome of both your criminal case and your ALR license suspension proceeding. The actions taken in the first days and weeks after arrest often determine what options remain available later.
Immediate Steps Your Lawyer Can Take
Within hours of your arrest, an experienced Austin dwi lawyer can:
- File the ALR hearing request before the 15-day deadline expires
- Obtain police reports, arrest records, and incident documentation
- Request and preserve body-cam and dash-cam footage before it’s deleted or overwritten
- Identify and interview witnesses while memories are fresh
- Begin analyzing the state’s evidence for weaknesses
Building Your Defense Strategy
Your attorney will explore every available avenue:
- Pretrial diversion programs in Travis County for eligible first-time offenders
- Negotiation strategies aimed at dismissal or charge reduction
- Motions to suppress improperly obtained evidence
- Alternative sentencing options that protect your driving privileges
- Trial preparation if negotiations don’t yield a fair resolution
When Trial Is Necessary
Not every case settles. When the prosecution’s case has weaknesses or when plea offers are unacceptable, a prepared defense attorney will take your case to trial in Travis County courts. The willingness and ability to go to trial often produces better negotiated outcomes.
Take Action Now
The public safety system moves quickly after a DWI arrest. Evidence disappears, deadlines pass, and options narrow with each passing day.
If you or someone you love is facing dwi charges in Austin, don’t wait. Contact an Austin DWI lawyer today for a free consultation to discuss your case, understand your options, and begin protecting your future.
Areas We Serve in and Around Austin, TX
Our law office focuses on DWI, DUI, drug charges, domestic violence, and related criminal charges throughout Austin and Central Texas.
Communities We Serve:
- Austin
- Round Rock
- Pflugerville
- Cedar Park
- Georgetown
- San Marcos
- Kyle
- Buda
- Lakeway
- Leander
- Manor
- Bastrop
Courts Where We Appear:
- Travis County Criminal Courts
- Williamson County Courts
- Hays County Courts
- Municipal courts throughout Central Texas
We handle cases arising on major local roadways including I-35, MoPac (Loop 1), US-183, SH-71, and Austin surface streets where Austin police and DPS troopers regularly patrol.
Whether you’re facing a first offense, a felony DWI, or complex circumstances involving commercial licenses or out-of-state issues, we’re serving Austin and the surrounding region with focused criminal defense representation.
Contact us today for a free consultation. The 15-day deadline won’t wait—and neither should you.