Austin DWI Lawyer

Driving While Intoxicated is a serious charge. If you are facing a DWI in Austin, even as a first offense, the stakes are high. DWI charges impact driving privileges, employment, and college admissions. They can also restrict the constitutional right to bear arms and travel. Everyone facing DWI is facing jail time, from 6 months to years in prison for repeat offenders. Learn more. 

• Can a DWI be dismissed in Austin? DWI charges can be dismissed by challenging the State’s evidence. DWI arrests are warrantless arrests. Officers must establish reasonable suspicion and probable cause in every case, every time, without exception. Learn more.
• What to do if you get a DWI 1st in Austin? The very first step to take after getting a DWI 1st charge in Austin is to contact an Austin DUI lawyer. While there are many attorneys in Austin, very few have a practice that focuses on DWI charges. Learn more.
  
  

WHAT HAPPENS ON YOUR FIRST DWI IN AUSTIN?

After being arrested for DWI in Travis County, everyone is eventually taken to the Travis County Jail in downtown Austin for processing and an eventual appearance before a magistrate judge. The magistrate judge sets a bond amount and other conditions of release. Learn more.

This process is slow, impractical, and frustrating. After release, defendants are provided with a court date and information about property return. In Austin, it often takes 8-10 months from jail release before a DWI case is resolved. Learn more.

• What to expect after a first-time arrest for DWI in Travis County? The process for resolving a first-time Austin DWI is long. However, there are fast-moving deadlines that require professional attention almost immediately after being arrested. There are only 15 days to contest the automatic driver’s license suspension. The contest is important, and should not be missed. Learn more.

• What happens on the first court date in Texas? The first court date, called the arraignment setting in Texas, is a short, formal court appearance where the judge ensures the defendant knows the charge(s) and is represented by counsel. Missing this court date will result in additional criminal charges. It is important to seek legal counsel ahead of these early dates and deadlines. Learn more.
• How do you get out of an Austin DWI charge? Getting out of a DWI charge requires challenging the State’s evidence, applying relevant Texas law, and relentlessly looking for an opportunity to leverage a State weakness or error into a defense advantage. Learn more.
  
  
  
  Nothing is more important than protecting your freedom and future. Retaining the best Austin DWI lawyer puts you in the strongest position possible to obtain a dismissal or reduction. Learn more.
• Do I need a lawyer for DWI in Austin? You need a DWI lawyer to protect your rights. When you are facing criminal charges, your freedom, reputation, and future are on the line. Results matter. Experienced advocates are the foundation of a high-powered defense. Learn more.

WHAT ARE CONSEQUENCES OF DWI IN AUSTIN?

The penalties for DWI in Texas are severe, and Austin is no different. The Travis County Attorney seeks a conviction in every case, and does not dismiss charges for first-time offenders. Everyone facing a DWI charge is facing jail time. Learn more. 

• What are Austin DWI Penalties? The consequences for a DWI charge in Austin are severe. First-time DWI offenders face up to 1 year in the Travis county jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. DWI offenders with multiple convictions face up to 10 years in prison.

• Is jail mandatory for a DWI in Austin? No. Jail is not mandatory for DWI. However, some factors, like an open container, for example, can lead the Travis County Attorney’s Office to enhance the charge. This can result in mandatory jail time. Learn more.
• Is a first DWI a felony in Austin? A first-time DWI charge is a misdemeanor offense, punishable by no more than 1 year in jail. However, aggravating factors like serious bodily injury or the presence of a child passenger under 15 years old can result in felony charges. Learn more.

HOW LIKELY IS JAIL TIME FOR FIRST DUI IN AUSTIN?

First-time DWI charges in Austin can result in up to 1 year in jail or 2 years of probation. Everyone charged with DWI, even first-time offenders with no criminal history, face incarceration. The likelihood of jail is based on a number of factors, including the strength and experience of the defense. Learn more. 

• Can a DWI be dismissed in Texas? DWI charges can be dismissed in Austin by challenging the State’s evidence at every level through a focused and dynamic defense. Learn more.
  
  

• Will I go to jail for first-time DUI Austin? You can be sentenced to jail for up to 12 months for a first-time DWI in Austin. First-time charges can be enhanced to felonies which have even higher punishment ranges. Building a powerful DWI defense is the best strategy for avoiding jail time when facing Austin DWI charges. Learn more.

HOW CAN I BEAT A DWI IN AUSTIN?

DWI charges can be beaten in Travis county. You must assert your constitutional rights, utilize due process to confront all witnesses, and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can’t win if you don’t fight! Learn more.

• How to get a DWI dismissed in Austin? Challenging evidence is the most effective way to dismiss a Austin DWI charge, whether it’s a DWI first-offense, DWI 2nd, or even a felony DWI 3rd or more. DWI arrests are warrantless arrests, therefore everything must be challenged. If a judge suppresses evidence, the State cannot use it to prosecute.
• What are the chances of DWI dismissal in Travis County? DWI charges are dismissed everyday in Travis county courtrooms. Charges are not dismissed through goodwill or luck, rather they are dismissed because a powerful defense forced the State prosecutors to dismiss the charge. It is critical to fight back, assert your constitutional rights, and do everything possible to avoid a final conviction. Learn more.

DWI FIRST OFFENSE IN AUSTIN

DWI first is a misdemeanor offense in Texas. Everyone arrested for DWI in Austin will face prosecution for a Class A or B misdemeanor, depending on their blood alcohol concentration (BAC). A first-time DWI charge becomes a felony if young children were in the vehicle, or if there was an accident and someone was seriously injured. Learn more.

• What is the penalty for first-time DWI in Austin? A first-time DWI charge in Austin is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense is permanent, and results in a Texas driver’s license suspension. Learn more. 

• What is Texas DUI over .15? Texas law defines Driving While Intoxicated with an alcohol concentration level of 0.15 in Section 49.04 of the Texas Penal Code:
  
  
  
  Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
  
  
  
  (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. Learn more.
  
  

• What are the chances of first-time DWI dismissal in Austin? DWI charges can be dismissed in Travis county. A powerful, resourceful defense will look for any inconsistencies in the case and force the State prosecutors to dismiss the charge. Challenging evidence is a critical part of obtaining a dismissal. Learn more.

HOW MUCH IS BOND FOR AN AUSTIN DWI FIRST CHARGE?

The average time in the Travis county jail for a first-time DWI charge is 18-24 hours. Magistrate judges set bail bonds for release or approve a personal recognizance (PR) bond. Learn more.

• How much is bail for DWI in Austin? Bail for first-time DWI charges in Texas rarely exceeds $5,000.00. This is the first of many costs associated with the Texas DWI process. Judges have total discretion over bond amounts. Learn more.
  
  

• How to find an inmate in Travis County Jail? To find someone arrested in Austin, use the Travis County Jail Inmate Search to lookup people in the Travis County Jail through the Travis County Sheriff’s Inmate Population Reporting System here.
  
  

• What is Travis County Jail in Austin phone contact information? The Travis County Jail is located at 500 W 10th St, Austin, TX 78701. Call 512-854-4180 or 512-854-9899 to search for an inmate by phone or visit the Travis County Sheriff’s website.
  
  

• What is Austin Police Department contact information? 512-974-2000 is the phone number for Austin Police. APD can be reached by calling 311 or at the Austin Police Department (APD) website.
  
  

• How to find Travis County Court Records Search? To search Austin criminal records visit the Travis County Clerk’s website. 

WHAT ARE PENALTIES FOR DWI 1ST IN AUSTIN?

In addition to a permanent criminal conviction and jail time, DWI negatively impacts student financial aid and college admissions. DWI convictions also restrict a person’s right to bear arms and travel. Driving privileges, especially for commercial drivers, are subject to lengthy periods of suspension for DWI. Learn more.

• What are the penalties for a Travis County misdemeanor DWI? All first-time DWI charges in Austin are Class B misdemeanors, though they can be enhanced by certain factors. DWI first-time offenders face jail time, permanent criminal convictions, thousands of dollars in fines, and a driver license suspension. Learn more.
  
  
• What are the penalties for Class A DWI charge in Austin? The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. Class A misdemeanor DWI charges can result in incarceration, a permanent criminal conviction, thousands of dollars in fines, the temporary loss of some constitutional rights and a driver license suspension.
  
  

• What are the penalties for DWI .15+ charge in Austin? DWI with a blood alcohol concentration (BAC) of .15 or higher is a Class A misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, and can result in thousands of dollars in fines, the loss of constitutional rights and a driver license suspension. Learn more.
  
  

• What are the penalties for Class B DWI charge in Austin? The penalty for Class B misdemeanor DWI in Texas is unbelievably harsh. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for DWI is a permanent criminal conviction, and can result in the loss of constitutional rights, thousands of dollars in fines, and a driver’s license suspension. Learn more.
  
  

• What are the penalties for DWI with Open Container in Austin? The penalties and consequences from DWI with Open Container are serious in Austin. The Open Container enhancement triggers a 6 day minimum jail confinement by law. Persons faced with DWI with Open Container, can be sentenced to jail for up to 12 months, depending on the blood alcohol concentration, and face a $6,000.00 in fine, a driver’s license suspension, and the loss of constitutional rights. Learn  more.

• What are the penalties for DWI with Child Passenger in Travis County? DWI with  Child Passenger is a State Jail Felony in Texas. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail Facility. State Jail Facilities in Texas require sentences to be served day for day. A conviction for DWI with Child in Austin is permanent, results in a driver license suspension, and other life-altering collateral consequences associated with being a convicted felon. Learn more.

CAN FIRST DWI CHARGE BE REDUCED IN AUSTIN?

DWI charges in Travis County can be reduced and dismissed. The Travis County Attorney’s Office makes the final decision on all criminal charges. A powerful DWI defense can yield reductions and dismissals in even the worst of situations. Learn more.

CAN YOU GET PROBATION FOR FIRST DWI IN AUSTIN?

Yes. Every person charged with DWI in Austin is eligible to submit an application for community supervision. Even after losing a trial, a defendant may still receive probation instead of being sentenced to jail. Learn more.

• Will I get probation for my first DUI? Probation is possible in all Austin DWI cases. Jail time is also possible. It’s critically important to put forward a powerful, comprehensive defense. Learn more.
  
  
  
  It is important to note that while DWI and DUI are used interchangeably, DUI is a different offense, only applicable to minors in Texas. Learn more.
  
  

• Can you get deferred adjudication for DWI in Austin? Yes, deferred adjudication is possible in all Austin DWI cases. Learn more.
  
  

• What is DWI Deferred Adjudication in Austin? Deferred adjudication is a special form of probation that provides a path to avoid incarceration and a permanent criminal conviction. 

DWI 2ND OFFENSE IN AUSTIN

The penalties for a second DWI offense (DWI-Repeat Offender) are severe. In Austin, a DWI second offense is a Class A Misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, requires a 3-day sentence in the Travis county jail (even if probation is granted), and results in a driver license suspension.

• Can a DWI Second Offense Be Dismissed in Austin? DWI 2nd convictions and consequences can be avoided in Travis County. No matter how extreme the facts of the case, it is important to build a powerful defense to protect your rights, and preserve your future. Second DWI charges can be dismissed in Austin. Learn more.

• Can a DWI 2nd charge be reduced in Austin? Yes. A DWI charge that is enhanced because of a previous conviction may be reduced. Reducing a DWI 2nd to a DWI is a difficult task, however, and can only be done through plea bargaining. An aggressive strategy allows the defense to negotiate from a position of strength. Learn more.

• What happens after your second DWI in Austin? After arrest for DWI 2nd in Austin, defendants appear before a magistrate judge. The judge sets the bond amount and additional conditions of release. In Travis County, ignition interlock is a standard bond requirement for everyone facing a second DWI charge. The device(s) must be maintained the entire time the DWI 2nd charge is pending.After a DWI arrest it is critical to secure your driving privileges, request an Administrative License Revocation (ALR) hearing, review evidence from the state prosecutors, and maintain compliance with bond conditions.It is difficult to manage these tasks alone. The first and most important step after release from jail is to retain the best DWI defense lawyer for your situation. An experienced legal team can make an enormous impact on your quality of life and the outcome of your case. Learn more.

IS JAIL TIME MANDATORY FOR 2ND DWI IN AUSTIN?

Jail time is mandatory if convicted of DWI 2nd in Texas, even if probation is granted. In limited circumstances, incarceration can be avoided. A dynamic defense can result in a dismissal and release from the charge. At minimum a powerful defense increases the probability of a reduced charge and avoidance of jail time. Learn more.

• Is a 2nd DWI a Felony in Austin? No. A second offense DWI is a Misdemeanor in Austin. However, if you have a DWI conviction from another state, your second DWI charge in Texas will be classified as a Third Degree Felony. Learn more.

• How long can you go to jail for DWI second offense? If convicted of DWI 2nd, a person can be sentenced to a maximum of 12 months in the Travis County Jail. Texas law requires a 3-day jail sentence even if probation is granted. Learn more.

• What is the average sentence for 2nd DUI? In Austin, the average sentence for 2nd DUI charges is a period of probation between 12 and 24 months, with at least three days in jail. Additionally, this includes, but is not limited to, driver’s license suspension, an alcohol monitoring device, drug testing, fines, court costs, community service, court-ordered classes, and restricted travel.
  
  

• Can you get probation for DWI 2ND in Austin? Probation is possible for everyone charged with DWI 2nd in Austin. Probation, commonly referred to as community supervision, is a far superior alternative to incarceration in a Travis county jail. Learn more.

DWI 3RD+ OFFENSE IN AUSTIN

After two DWI convictions, a third DWI charge (habitual DWI) is a felony. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary. A conviction for this offense is permanent, requires a 10-day jail sentence, even if probation is granted, and results in a driver license suspension, as well as other serious, collateral consequences that come with being a convicted felon.

• Is a 3rd DWI charge a felony in Austin? Yes. A DWI 3rd or more charge is a felony. Even if a person received deferred adjudication for their first DWI, and was only convicted of a subsequent DWI, the third DWI charge will be classified as a felony. Learn more.

• Do convictions over 10 years old count for DWI 3rd? Yes. All prior convictions, no matter how old, may be used as the basis for enhancement.
  
  

• Do out of state convictions count for felony DWI in Austin? Yes. Out of state convictions may be used as the basis for enhancement.
  
  

• What are the penalties for Travis County DWI 3rd in Austin? It’s impossible to calculate the cost of a conviction for a DWI 3rd offense in Austin. In addition to attorney’s fees, court costs, and up to $10,000.00 in fines, a felony DWI conviction comes with a two-year driver license suspension and increased insurance rates. The lost wages from being incarcerated and classified as a convicted felon are staggering. Housing, government benefit eligibility, and other constitutional rights are all negatively impacted. Learn more.
  
  

• Can you go to prison for felony DWI 3rd in Austin? Yes. The maximum prison sentence for a DWI 3rd is 10 years in Texas. A third (or more) DWI is classified as a Third Degree felony. While first-time DWI offenders can seek some leniency, the penalties for a third offense reflect the severity of Texas law.A conviction for a third DWI can result in a prison sentence of no less than 2 years and no more than 10 years. Even if probation is granted, all Defendants convicted of DWI 3rd or more in Texas are required to serve a minimum of ten days in jail as part of any plea agreement. This 10 day jail requirement cannot be waived or probated. Learn more.

• Can you get probation for DWI 3rd in Austin? Yes. Everyone charged with DWI 3rd in Austin is eligible to make an application for probation, or as it is more commonly known as: Community Supervision. Probation can  be granted for a period of up to 10 years. In the event probation is granted, the 10 day jail sentence must still be served by law.

IS YOUR LICENSE AUTOMATICALLY SUSPENDED AFTER A DUI IN AUSTIN?

Every person charged with DWI in Texas faces an automatic Administrative License Revocation (ALR) suspension of their driving privileges. The suspension takes effect approximately 40 days from the date of arrest.

The ALR hearing is the only chance to contest the suspension. The ALR hearing is an important part of DWI defense and should never be skipped over. Learn more.

• How do I get my license back after a DWI in Austin? If your license card is confiscated, you may request a new license through the TxDPS website. If your license is suspended, you may be eligible for an Occupational Driver License. Learn more.

• What is ALR hearing for Austin DWI? Everyone charged with DWI in Austin faces an automatic administrative license revocation (ALR). After an ALR suspension takes effect, it is illegal to drive. The suspension takes effect approximately 40 days from the date of arrest. The ALR hearing is the one and only chance to contest the suspension. Learn more.
  
  

• How long is your license suspended for a DWI in Austin? Driving privileges are suspended for 90 – 180 days after an arrest for DWI. Commercially licensed drivers face significantly longer periods of suspension. Learn more.
  
  

• Can you drive with a suspended license in Travis county? No. It is illegal to drive with a suspended license in Texas. Driving with a suspended license while a DWI is pending in Austin can result in bond revocation, arrest warrant, and additional criminal charges.
  
  
  
  Obtaining a Texas Occupational License is the only way to legally drive during a period of suspension. Learn more. 

WHAT IS THE AVERAGE COST OF A DWI IN AUSTIN?

Being charged with DWI is expensive. Being convicted can be financially devastating. It’s impossible to put a price on what it’s worth to avoid incarceration and the potential of a permanent criminal conviction. Learn more.

• DWI in Austin first offense cost? The maximum fine for a first DWI offense in Texas is $6,000.00. The total damage a permanent criminal conviction has on job opportunities and lost income is incalculable. Learn more.
  
  

• How much is a DWI lawyer in Austin? Fighting a DWI costs thousands of dollars. In Austin, even first-time offenders can face up to 365 days in jail. Good lawyers are attentive to communication, detailed and focused with strategy, and often get the best results for their clients. Learn more.
  
  
• How much does a DWI Cost in Texas? The maximum fine for a first or second DWI offense in Texas is $6,000.00. The maximum fine for a Felony DWI is $10,000.00. An effective DWI lawyer can fight for dismissal and work to mitigate consequences, saving time and money, potentially preserving your career and reputation. Learn more.

AUSTIN DWI LAWYER

Driving Under the Influence is a Class C misdemeanor in Austin. DUI is a Class C misdemeanor, applicable only to minors under 21 years of age. The Texas Alcohol Beverage Code defines DUI in Section 106.041.

DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.

• Can you avoid jail time for DUI in Travis county? Yes,you can avoid jail for DUI in Austin. DUI is a Class C misdemeanor. Every person facing DUI in Travis County should work towards getting the charge dismissed. Learn more.
  
  

• DUI vs DWI in Texas DUI and DWI are two different criminal offenses in Texas. DUI is a Class C misdemeanor, applicable only to minors. DWI is a higher and more serious offense, applicable to Texans of all ages. Learn more.
  
  

• What is DWI meaning? DWI stands for Driving While Intoxicated. The Texas Penal Code defines DWI in Section 49.04:
  
  
  
  DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
  
  

• What is DUI meaning? DUI stands for Driving Under the Influence. DUI is for minors only in Texas. Learn more.
  
  

HOW LONG DOES DWI STAY ON YOUR RECORD?

A DWI charge from Austin or anywhere in Texas stays on the record forever. If the charge was dismissed without probation, it is eligible for removal and deletion through expunction. If the charge resulted in a conviction, it may be eligible to be sealed through an order of nondisclosure. Learn more.

• Can a DWI be expunged from the record? Dismissed DWI charges may be deleted through the legal process of expunction. Charges not eligible for expunction may still qualify for an order of nondisclosure, which has the effect of sealing the record. Learn more.
  
  

• How long does a DWI stay on your driving record? DWI charges stay on a person’s TxDPS driving history forever. In qualifying situations, the charge can be removed from the public record. Learn more. 

WHAT BAC IS CONSIDERED DWI IN AUSTIN?

The legal blood alcohol concentration (BAC) limit in Texas is 0.08. Blood alcohol levels that exceed this amount are over the legal alcohol limit for driving a motor vehicle in Texas.  Learn more.

• What BAC level is considered DUI in Texas? 0.1 is the legal limit for DUI in Texas. DUI only applies to minors in Texas. The legal alcohol limit for adults in Texas is 0.08. BAC is not required for DWI in Texas. Police regularly arrest motorists based on field sobriety tests and other factors without offering a breath or blood test. Learn more.
  
  

BEST DWI LAWYER IN AUSTIN | TRAVIS COUNTY, TEXAS

Trey Porter Law represents people facing Intoxication & DWI charges in Austin and Travis County, as well as the surrounding areas of Fredericksburg, Georgetown, Kyle, Lakeway, Lago Vista, Pflugerville, Round Rock, and San Marcos.

Standing up for the citizen accused, from students to teachers, veterans to first responders, and professionals across varied industries and disciplines, TPL brings a results-oriented & client-focused approach to solving complex problems. 

Trey Porter is a Texas SuperLawyer, nationally recognized as a dynamic advocate in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter has been awarded the Top 40 Under 40 Criminal Defense Lawyer distinction by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.