DWI 1st 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. 

  • 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 DWI .15 or higher?A first-time DWI charge in Austin where a person has a BAC of .15 or higher is a Class A misdemeanor. The maximum fine is $6,000.00. The maximum punishment is 1 year in the Travis county jail. A conviction for DWI .15+ is permanent, and results in a Texas driver’s license suspension. Learn more. 


It’s important to make a plan and take action. Many people arrested for a first-time DWI in Austin have never been arrested before. Immediately after release from the Travis County Jail, you will need to retrieve your property, secure your driver’s license and privileges, and hire an experienced Austin DWI lawyer. Learn more.

  • What are the chances of first DWI dismissal?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 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.
  • 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.


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

  • How much is bond for an Austin DWI first charge?Travis county magistrates typically set bond at $5,000.00 or less for DWI first offenses.

  • How much is bail for a DWI in Travis county?Typically bail bond companies will charge 10% or less of whatever the bond amount is. It usually costs less than $1,000.00 to pay a Travis county bail bond company to post bond for a first-time DWI charge. Learn more.


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 outside of Travis county. Driving privileges, especially those of commercial drivers, are subject to lengthy periods of suspension for DWI. Learn more.

  • What are the penalties for Class B DWI charge in Austin?DWI with a BAC below .15 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 driver license suspension.
  • What are the penalties for DWI .15+ charge in Austin?DWI with a 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 results in a driver license suspension.
  • What are the penalties for DWI with Open Container in Austin?DWI with an Open Container is a Class A or B misdemeanor. While tailgating in Austin may be a sport on its own, a person convicted of DWI with an Open Container faces a minimum of 6 days in jail. Learn more.
  • What are the penalties for DWI with Child Passenger in Travis County?DWI with a Child Passenger is a State Jail Felony. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail Facility. A conviction for this offense is permanent, and results in a driver license suspension as well other serious, collateral consequences associated with being a convicted felon.
  • What are the penalties for Austin DUI Charges?A first-time DUI charge in Texas is a Class C misdemeanor. The maximum fine is $500.00. A conviction for this offense is permanent and can negatively impact employment, college admissions, and scholarship opportunities. Defendants also face a driver’s license suspension, court-ordered drug and alcohol awareness classes, community service, and driving safety courses. Learn more.


The statute of limitations for DWI is 24 months. The first court date in Hays county for a DWI charge will typically be delayed until all forensic evidence is available. This can take multiple months depending on the case, and State workload.

  • How long does a DWI case take in Austin?DWI cases take 8-10 months, on average, before a resolution is reached. There is no time limit imposed by law for how soon a case must be resolved.
  • What happens if you refuse a DWI blood alcohol test in Travis county?Travis county is a no refusal jurisdiction. This means if you refuse to provide a breath or blood specimen, police will obtain a search warrant from a magistrate judge. After the warrant is signed, law enforcement will take blood, forcefully if necessary. Learn more.
  • Is Texas a no refusal state?All drivers in Texas are required to provide a breath or blood specimen if requested by police. Not all jurisdictions will get a warrant for blood. In some jurisdictions and Texas counties, a refusal means the State will not have evidence of BAC.

  • What is Texas Implied Consent Law?The Texas implied consent law requires Texas drivers to consent to one or more chemical tests to measure blood alcohol content (BAC) if an officer has probable cause to believe you are operating a vehicle while intoxicated. Refusing tests results in suspension of driving privileges. Learn more.


The consequences of a DWI first-offense in Austin are serious, and can be permanent. The Travis County Attorney seeks a conviction in every case. Everyone facing a DWI charge in Travis county is facing jail time, loss of driving privileges and a permanent criminal conviction. Learn more.

  • What is the punishment for 1st DWI in Austin?Punishment for a first DWI is either probation or jail time. There is no minimum probation period. The maximum period of probation for DWI 1st is 24 months. There is no minimum period of jail time, and 12 months is the maximum.

    The punishment a person receives is largely impacted by the representation they choose. A powerful defense can make the difference between a dismissal and a conviction, or probation instead of 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.


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. People charged with DWI in Austin can put themselves in the best position possible to avoid jail time by mounting a forceful defense against their charges. Learn more.


Everyone charged with a first-time DWI in Austin is eligible to make an application for probation. Judges and juries have discretion when deciding whether or not to grant requests for probation when deciding punishment. 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 for minors in Texas. Learn more.

  • Can you get deferred adjudication for DWI in Austin?Deferred adjudication is available in limited situations for first-time DWI offenders. Judges have sole discretion when granting deferred adjudication. Deferred adjudication guarantees a pathway to dismissal DWI charges. Learn more.


The Texas Department of Public Safety (TxDPS) works to suspend the driving privileges of everyone charged with DWI. You can and should fight suspension. After an Austin DWI 1st arrest, it is critical to request an Administrative License Revocation (ALR) hearing within 15 days. 

  • How do I get my license back after a DWI arrest 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 arrest?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.


An enhanced DWI offense can be reduced. A first-time DWI charge may be elevated to a Class A misdemeanor or State Jail Felony. In Austin, the Travis County Attorney’s Office has the power to “waive” the enhancement, and proceed on lesser charge.

  • Can DWI 1st be reduced to Obstruction of a Highway in Austin?Prior to September 2019, a person charged with DWI in Austin or anywhere in Texas was not eligible for deferred adjudication. As a work-around,  Austin DWI lawyers would construct plea bargains for offenses that were eligible for deferred adjudication, like Obstruction of a Highway or Reckless Driving.

    With the passage of Texas House Bill 3582, first-time DWI offenders are now eligible to apply for deferred adjudication. This has largely ended the practice of allowing defendants to plead to other charges like Obstruction of a Highway or Reckless Driving.
  • Which is worse, DUI or DWI?DWI charges are significantly worse than DUI in Austin and across Texas. DWI charges, even for first-time offenders, carry very serious consequences. DUI, on the other hand, is a Class C misdemeanor for minors under 21 years old, and punishable by fine only. Learn more.


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. 

  • 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?Good lawyers are expensive. Good lawyers are attentive to communication, detailed and focused with strategy, and often get the best results for their clients. Learn more.

  • Do I need a lawyer for DWI in Austin?Yes. You need a DWI lawyer to protect your rights. Having the best legal representation can yield the best results in a criminal case. Experienced advocates are the foundation of a powerful defense. Learn more.


A conviction for DWI first in Austin will stay on your record forever. In Texas, arrest and disposition records are never automatically removed. There are two options to “clean up” the criminal record from a DWI arrest or conviction in Austin. Learn more.

  • How to get a DUI off your record in Austin?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. 
  • Can you be a nurse with a DWI in Texas?A misdemeanor charge or conviction does not disqualify someone from obtaining a nursing license in Texas. However, criminal charges, even if dismissed, look bad and can hurt future job opportunities. 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. 


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 your ability to travel. DWI is a criminal misdemeanor with a maximum punishment of one year in jail.

Outcomes matter when liberty and livelihood are on the line. You can’t win if you don’t fight, and you cannot fight alone.

Trey Porter is a dynamic advocate, nationally recognized for his work 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 is recognized as a Texas SuperLawyer, and distinguished as a Top 40 Under 40 Criminal Defense Lawyer 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.

DWI 1st Offense in Austin

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    Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.

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    He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.


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    Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



    Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



    Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


    DWI 2nd

    Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



    Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



    Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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    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.

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