Austin DWI Lawyer

Facing a DWI charge in Austin can be daunting, especially for first-time offenders, due to the significant consequences at play. The result of driving while intoxicated extends beyond the immediate legal penalties—it can jeopardize driving rights, employment prospects, and even college admissions opportunities. Furthermore, it may impose limitations on fundamental rights such as the possession of firearms and the freedom to travel. Jail time is a penalty for DWI, ranging from six months to multiple years for those with prior convictions.

austin dwi lawyer

  • Is it possible for a DWI to be dropped in Austin?

Yes, DWI charges can be contested and potentially dismissed by challenging the evidence presented by the prosecution. It’s important to note that DWI detentions are conducted without warrants. Law enforcement officers are mandated to demonstrate both reasonable suspicion and probable cause in every DWI case consistently and without fail.

  • What should you do if you’re charged with a first DWI in Austin?

The initial step you should take upon receiving a DWI first offense charge is to reach out to a skilled Austin DWI defense lawyer. Among the many law firms in Austin, very few have a practice focused on DWI defense.


Following a DWI arrest in Austin, individuals are ultimately transported to the Travis County Jail located in the heart of downtown Austin for booking and subsequent appearance before a magistrate judge. The magistrate judge determines the bond amount and sets additional release conditions.

After being released from jail, defendants receive a court date and instructions to retrieve personal belongings. In Austin, the timeline to resolve a DWI case typically spans 8-10 months.

  • What occurs after a first DWI arrest in Austin?

Navigating the legal aftermath of an initial DWI offense in Austin can take a while. Still, there are critical, swiftly approaching deadlines post-arrest that demand immediate legal guidance. Defendants have a 15-day window to challenge an automatic suspension of their driver’s license. This challenge is crucial and missing it can have severe consequences.

austin dwi lawyer

  • What unfolds during the initial court appearance in Texas?

In Texas, the initial appearance in court, known as the arraignment setting, is a brief yet formal proceeding. During this appearance, the judge confirms that the defendant understands the charges and has legal representation. Failure to appear at this hearing can lead to further criminal charges. It is vital to consult with legal counsel before these early proceedings.

  • How does one successfully defend against a DWI charge in Austin?

Fighting a DWI charge involves challenging the prosecution’s evidence, diligently applying Texas laws, and strategically exploiting any weakness or oversight on the part of the State. Hiring a knowledgeable Austin DWI attorney is the most effective strategy to aim for a case dismissal or charge reduction.

  • Is hiring a DWI law firm necessary in Austin?

Securing an Austin DWI attorney is imperative to defend your legal rights effectively. Facing criminal charges can put your freedom, reputation, and future at risk. The cornerstone of a good defense is the support of a seasoned legal advocate.


In Texas, DWI offenses come with severe penalties, and the city of Austin enforces them rigorously. The Travis County Attorney’s Office is adamant about pursuing convictions for all DWI offenses, with no exceptions for those who are first-time offenders. Anyone charged with DWI should be prepared for the possibility of incarceration.

  • What are the repercussions of a DWI in Austin?

A DWI charge in Austin can lead to harsh punishments. For individuals with no prior offenses, the law may impose penalties including a maximum of one year in jail, fines reaching $6,000, court fees, suspension of driving privileges, and a lasting mark on one’s criminal record. Should there be additional charges, the fines and jail time could escalate. Repeat DWI offenders may face up to a decade in jail. Facing a DWI charge in Austin can result in severe financial penalties, making it important to prioritize responsible spending habits – both in everyday life and when considering entertainment options like real money casinos in Australia

dwi lawyer austin

Incarceration is not an automatic consequence for DWI convictions in Austin. But, certain factors—such as having an open container of alcohol in the vehicle—can intensify the charges and potentially make jail time more likely.

  • Does a first-time DWI amount to a felony in Austin?

Typically, a first DWI offense is classified as a misdemeanor with a maximum jail time of one year. Yet, the presence of aggravating elements—such as causing significant bodily injury or driving with a child under 15 years old in the vehicle—can elevate the offense to a felony level.


The likelihood of serving time for a first DUI offense in Austin depends on several factors. Individuals with no prior offenses may not be required to serve jail time. In such cases, courts may opt for probation for first-time DUI misdemeanors. As a result, individuals may be required to attend alcohol education classes and follow other regulations to avoid any further trouble. While the possibility of avoiding jail time for a first offense might offer some relief, it’s important to remember that a DUI conviction still carries significant consequences – instead of gambling on platforms like Casino Share Canada:, prioritize responsible choices and invest your resources in building a strong legal defense.


Austin DWI Lawyers

In Austin, being charged with DWI for the first time could lead to a maximum of one year in jail or two years of probation. Every person charged, even first-time offenders with a clean record, faces the potential of jail time.

  • Can you have a DWI thrown out in Texas?

Absolutely, DWI charges in Austin can be dismissed by rigorously contesting the State’s evidence with a strategic defense. For those facing the prospect of jail for a first-time DUI in Austin, the law can impose up to 12 months of jail time. Charges can escalate to felonies with stiffer penalties. Having a good defense attorney can be the key to avoiding jail when up against Austin DWI charges.


In Austin, overcoming DWI charges is possible. It’s crucial to stand by your constitutional protections, engage in due process to question all witnesses, and contest every piece of evidence presented. This involves challenging the initial reasonable suspicion, the establishment of probable cause, and any forensic evidence brought against you.

dwi attorneys austin

  • How can you have a DWI charge dropped in Austin?

To have a DWI charge dismissed in Austin, it is important to contest the evidence, whether it is a first DWI offense, a second DWI, or even a third felony DWI. Because DWI arrests are conducted without warrants, a thorough challenge is imperative. Suppression of evidence by a judge means the prosecution cannot use it in court, impairing the State’s ability to meet the burden of proof for conviction.

  • What’s the likelihood of getting a DWI case dismissed in Travis County?

DWI dismissals are possible in Travis County. These dismissals don’t happen due to fortune or leniency; they result from a formidable defense compelling the State’s attorneys to drop the charges. To avoid a DWI conviction, it’s essential to fight vigorously, exercise constitutional rights, and exploit every possible avenue to a dismissal.


In Texas, a first offense for driving while intoxicated (DWI) is treated as a misdemeanor. Anyone arrested for a DWI in Austin is subject to prosecution under either a Class A or Class B misdemeanor, based on the level of blood alcohol content (BAC) at the time of arrest. If there are minors in the vehicle, or if an accident occurred causing serious injury, the charge elevates to a felony.

dwi attorney austin

  • What are the consequences for a first-time DWI in Austin?

Being charged with a first-time DWI in Austin typically results in a Class B charge. Offenders may face up to a $3,000 fine and a maximum sentence of 6 months in jail. This offense also leads to a permanent record and the suspension of your Texas driver’s license.

  • What does it mean to have a DUI with a BAC over .15 in Texas?

Under Texas Penal Code Section 49.04, driving while intoxicated is defined by an alcohol concentration level of 0.15 or higher. Such cases elevate the charge to a Class A misdemeanor.

  • What is the likelihood of having a first-time DWI charge dismissed in Austin?

While challenging, DWI charges can be dismissed. An effective defense will thoroughly examine the case for any faults and pressure the State’s attorneys to consider dismissing the charges. This action can increase the likelihood of getting the charge dismissed.


In Travis County, individuals charged with a first-time DWI typically spend 18 to 24 hours in jail. The amount for bail or the option for a personal recognizance (PR) bond is determined by a magistrate judge for release.

top rated austin dwi lawyer

For those facing first-time DWI offenses in Austin, the bail amount usually does not exceed $5,000. It’s important to note that this is just an initial cost in the broader spectrum of expenses related to the DWI legal proceedings, with judges having complete authority over setting bond.

To locate an inmate in the Travis County Jail, the Travis County Jail Inmate Search is a tool for searching through the Sheriff’s Inmate Population Reporting System.

To get in touch with the Travis County Jail, visit 500 W 10th St, Austin, TX 78701, or call 512-854-9889. Further information can be found by visiting the Travis County Sheriff’s website.

Should you require contact information for the Austin Police Department, dial 512-974-2000 or call 311. Additional details can be acquired on the Austin Police Department (APD) website.

For those seeking Travis County Court Records, the Travis County Clerk’s website provides a searchable database for Austin criminal records.


A DWI conviction holds lasting consequences, such as a criminal record and potential jail time, and it extends to affecting student financial aid eligibility and college admission prospects. Moreover, a DWI conviction can lead to restrictions on international travel and the right to carry firearms. Driving privileges, particularly for those holding commercial licenses, may face extensive suspensions due to DWI infractions.

best austin dwi lawyer

In Central Texas, a first-offense DWI is classified as a Class B misdemeanor, but certain factors can elevate the charge. Those convicted may face incarceration, a lasting criminal record, fines reaching into the thousands, and a revoked driver’s license.

  • For Class A DWI charges in Austin, penalties include up to a $6,000 fine and a one-year jail term. This level of misdemeanor may lead to jail, a permanent criminal conviction, substantial fines, temporary loss of certain constitutional rights, and driver’s license suspension.If the DWI involves a BAC of .15 or more, it is treated as a Class A misdemeanor. The conviction carries a maximum $6,000 fine and up to a year in jail, alongside a permanent record, significant fines, loss of certain rights, and the suspension of driving privileges.
  • For Class B DWI charges in Austin, the law imposes stringent consequences. The maximum fine stands at $3,000 with up to six months in jail. A conviction ensures a permanent criminal record, potential loss of certain constitutional rights, hefty fines, and driver’s license suspension.

The presence of an Open Container during a DWI arrest aggravates the situation in Austin, mandating at least six days in jail. Depending on the BAC level at the time of the offense, penalties can extend to a year in jail, a $6,000 fine, suspension of driving privileges, and loss of some constitutional rights.

DWI with a Child Passenger in Travis County is prosecuted as a State Jail Felony. This carries a fine of up to $10,000 and confinement for up to two years in a state jail, with mandatory day-for-day sentencing. A conviction is indelible, resulting in license suspension and other severe consequences that accompany a felony record.


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 case can yield reductions and dismissals in even the worst of situations by attacking the State’s evidence.

best austin dwi attorney


Yes, anyone facing DWI charges in Austin has the right to request community supervision. This option remains available even for those who might not prevail in court, offering an alternative to serving time in jail.

  • Is probation an option for a first DWI in Austin?

In Austin, probation for a DWI is a potential outcome for all cases, although imprisonment can also be ordered. Mounting a strong and thorough defense is always essential to achieving the best outcome.

  • Is deferred adjudication a possibility for DWI in Austin?

Yes, in Austin, deferred adjudication is an available option for DWI cases.

  • What does DWI deferred adjudication entail in Austin?

Deferred adjudication in Austin offers a special kind of probation. It’s designed as a route to bypass jail time and prevent a permanent criminal record.


A second DWI offense is classified as a Class A misdemeanor, carrying penalties of up to a $6,000 fine and a one-year jail term. Such a conviction is indelible, mandates a minimum 3-day jail stay even if DWI probation is awarded, and results in the suspension of driving privileges.

  • Is it possible to have a second DWI dismissed in Austin?

In Travis County, it’s possible to dismiss a second DWI conviction. Regardless of case specifics, mounting a strong legal defense is critical to safeguard.

top rated austin dwi lawyer

  • Can the severity of a second DWI charge be reduced in Austin?

A Texas DWI charge can be downgraded, particularly if it’s been upgraded by a prior infraction. Reducing a DWI second offense into a lesser charge is complicated. A strong defense approach is essential for reducing a DWI charge in Travis County courtrooms.

  • What happens after a second DWI arrest in Austin?

When a second DWI charge occurs, the accused appears before a magistrate who determines bail and additional conditions for jail release. A legally required mandate in Travis County for those accused of a second DWI is the installation of an ignition interlock device, which must be upheld throughout the pendency of the case.

Securing your right to drive post-arrest, requesting an Administrative License Revocation (ALR) hearing, scrutinizing the State’s evidence, and adhering to bail conditions can be scary to handle alone. Engaging a top-tier DWI defense attorney is a pivotal move post-release. The right legal counsel can dramatically influence the case’s resolution.


In Texas, those found guilty of a second DWI must serve jail time, although there are exceptional instances where this can be bypassed. An effective legal strategy may lead to a case being dismissed or the charge being lessened, potentially avoiding incarceration.

top rated austin dwi attorney

  • Is a second DWI considered a felony in Austin?

Not typically; in Austin, a second DWI penalty is classified as a misdemeanor. However, if there is an existing DWI conviction from another jurisdiction, a subsequent DWI in Texas may escalate to a Third Degree Felony.

  • What is the potential jail time for a second DWI charge?

Those convicted of a second DWI could face up to 12 months in Travis County Jail, with a statutory minimum of 3 days imprisonment, even if probation is granted.

  • What’s the usual sentence for a second DUI in Austin?

The typical sentence for a second DUI in Austin involves 12 to 24 months of probation, including at least a 3-day jail term. This may also encompass driver’s license suspension, use of an alcohol monitoring device, drug testing, monetary penalties, court fees, mandatory community service, enrollment in educational programs, and travel limitations.

It’s also important to distinguish that DWI and DUI, while often used synonymously, are distinct offenses in Texas, with DUI specifically referring to offenses by minors.

  • Is probation an option for a second DWI in Austin?

Yes, DWI probation, or what’s often termed community supervision, is a potential alternative to jail time for those charged with a second DWI in Austin.

best austin dwi lawyer


Upon acquiring a third DWI charge in Texas, the offense escalates to a felony with significant penalties. Offenders face a fine of up to $10,000 and the possibility of spending a decade in the custody of the Texas Department of Criminal Justice (TDCJ) System. This type of conviction permanently marks an individual’s record, mandates a 10-day jail term even under probation, and leads to a suspension of their driver’s license, along with other profound repercussions of a felony record.

  • Is a third DWI charge a felony in Austin?

Yes, a third or subsequent DWI charge in Austin is prosecuted as a felony, regardless of whether the first two DWI’s were resolved with deferred adjudication.

  • Do past convictions older than 10 years count towards a third DWI?

Yes, all previous DWI convictions are considered when determining the severity of a new DWI charge.

  • Are out-of-state DWI convictions relevant in Austin for a felony charge?

Yes, DWI convictions from other states are factored into the enhancement of charges in Austin.

  • What are the consequences of a third DWI penalty in Travis County?

The repercussions of a third DWI conviction in Austin are incalculable, including attorney and court fees, fines up to $10,000, a two-year driver’s license suspension, and heightened insurance premiums. The indirect costs, such as lost earnings, difficulty finding housing, ineligibility for certain government benefits, and the impairment of other constitutional rights, are significant.

  • Is imprisonment possible for a third DWI felony in Austin?

Yes, for a third DWI violation classified as a third-degree felony, the sentence can span from 2 to 10 years in Texas. The state’s stringent laws ensure that even first-time offenders face stiff penalties, and a third offense carries even more weight.

  • Is probation available for a third DWI in Austin?

Everyone facing a third DWI charge in Austin has the right to apply for probation, also referred to as Community Supervision, which can extend up to 10 years. However, a stipulated 10-day jail term is mandatory and cannot be circumvented, even if probation is granted.


In Texas, everyone arrested for DWI will automatically have their driver’s license subjected to an Administrative License Revocation (ALR), which goes into effect around 40 days after the arrest.

The ALR hearing is a critical opportunity to challenge this suspension and is a key component of your DWI defense strategy. Skipping this step is not advisable.

15 days for austin dwi

To reinstate your license after a DWI in Austin, if your physical license card has been taken, you can request a replacement via the Texas Department of Public Safety (TxDPS) website. If your driving privileges are suspended, you might qualify for an Occupational Driver License.

In Austin, the ALR is an immediate administrative action that leads to the cancellation of your license upon being charged with a DWI. Once the suspension is active, driving becomes illegal. The ALR hearing is your sole chance to dispute this suspension.

The duration of a license suspension after a DWI arrest in Austin typically ranges from 90 to 180 days. For those with commercial driver’s licenses, the suspension can be even more prolonged.

It is unlawful to operate a vehicle with a suspended license in Travis County. Doing so, especially with pending DWI penalties, can result in bond revocation, an arrest warrant, and further criminal charges. To legally drive while your license is suspended, acquiring a Texas Occupational License is necessary.


Facing a DWI charge comes with a high financial toll, and the repercussions of a conviction extend beyond just monetary fines — the costs to one’s freedom and future are profound. In Texas, a first-time DWI offense can carry fines up to $6,000, not to mention the unquantifiable impact it may have on employment prospects and earnings potential.

The expense of hiring a DWI attorney in Austin can reach into the thousands, which is a significant consideration, especially since even those facing their first charge could be subject to a year-long jail sentence. A proficient attorney, known for thorough communication, strategic planning, and diligent representation, can be instrumental in achieving favorable outcomes for clients.

Regarding the financial impact of a DWI in Texas, fines can escalate to $6,000 for a first or second offense. For a felony DWI, the DWI cost can soar up to $10,000. However, a good DWI lawyer’s defense might lead to a case dismissal or reduced penalties, saving considerable costs and safeguarding the accused individual’s professional standing and reputation.

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 toward getting the charge dismissed.

  • What is the difference between 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.

  • What does DWI mean?

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 does DUI mean?

DUI stands for Driving Under the Influence. DUI is for minors only in Texas.


In Texas, a DWI charge remains on an individual’s record indefinitely. However, if the charge was dismissed and did not involve probation, it can be erased via expunction. Conversely, if the charge led to a conviction, sealing the record might be possible through a nondisclosure order.

best dwi lawyer austin

  • Is the expunction of a DWI possible?

Yes, a DWI dismissal can be expunged, effectively erasing it from the record. For charges that cannot be expunged, a nondisclosure order may be sought, which conceals the record from public view.

  • How long does a DWI appear on a person’s driving record?

On the TxDPS driving history, a DWI charge is permanent. But under certain conditions, the record can be expunged or sealed from public access.


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.

austin dwi lawyer near me

  • 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 officers regularly arrest motorists based on field sobriety tests or a breathalyzer test and other factors without offering a breath or blood test.


austin dwi lawyer

Trey Porter Law office provides legal defense for individuals confronted with drunk driving penalties & DWI charges in Austin and Travis County, along with neighboring communities including Fredericksburg, Georgetown, Round Rock, Laredo, San Marcos, New Braunfels, and more. 

Dedicated to defending the rights of the accused, including a diverse clientele from students and educators to veterans and emergency responders, TPL adopts a diligent, client-centered approach to navigate complex legal challenges. The law office of Trey Porter has earned the distinction of a Texas SuperLawyer, receiving national recognition as an energetic Criminal Defense advocate. 

Acknowledged by fellow attorneys as a top practitioner in Criminal and DWI Defense annually since 2015, Mr. Porter has also been honored with the Top 40 Under 40 Criminal Defense Lawyer Award by the National Trial Lawyers Association. Trey Porter also holds a Superb rating on AVVO, reflecting his expertise in litigation, client satisfaction, endorsements from peers, and a history of favorable outcomes.

Resources for DWI in Austin

Austin, Texas

Austin, the capital of Texas, is renowned for its vibrant cultural scene, live music, and unique blend of modernity and Texan tradition. Located in Travis County, the city boasts a picturesque landscape alongside the Colorado River. Austin zip codes include the following: 78701, 78702, 78703, 7870, 78705, 78708, 78709, 78710, 78711, 78712, 78713.

If you’re looking for resources related to Driving While Intoxicated (DWI) in Austin, Texas, here are some key points and contacts to consider:

  • Austin Police Department (APD):

    • The Austin Police Department is the primary law enforcement agency in the city. Visit their official website for general information or contact them for specific inquiries related to DWI incidents.

  • Travis County Sheriff’s Office:

    • The Travis County Sheriff’s Office is another law enforcement agency that may handle DWI cases, especially in areas outside the city limits of Austin.

  • Travis County Criminal Court:

    • Travis County has a dedicated criminal court system that handles DWI cases. You can find information about the Travis County Criminal Court, including case lookup and court schedules, on the official website.

  • Texas Department of Public Safety (DPS):

    • The Texas DPS plays a role in regulating driver’s licenses and overseeing certain aspects of traffic enforcement. Check their website for information on DWI laws and regulations.

  • Austin Municipal Court:

    • If you’re dealing with a DUI charge, the Austin Municipal Court is where municipal court cases are generally handled.

  • Texas Department of Transportation (TxDOT):

    • TxDOT provides information on traffic safety, including campaigns against drunk driving. You can find educational resources on their website.

Remember that legal matters are complex, and it’s advisable to consult with a qualified attorney for personalized advice based on your specific situation. Additionally, for individuals facing a DWI charge, it’s crucial to comply with all court orders and seek legal representation promptly. Trey Porter Law is here to help.

Austin DWI Lawyer FAQs; Knowledge is power. Get honest answers now.

    Contact Trey Porter Today

    Request a free consultation

    The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

    If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

    Google Rating Avvo Rating