In Texas, drunk driving is charged as driving while intoxicated, or DWI, under Tex. Penal Code § 49.04. A DWI means driving in a public place while intoxicated. Intoxicated means a blood or breath alcohol concentration of 0.08 or higher. The term also covers the loss of normal use of your mental or physical faculties. A DWI lawyer in Austin, TX can review the stop, the testing, and your license deadline.
DWI vs. DUI in Texas: What You Are Actually Charged With
Texas treats DWI and DUI as separate offenses. DWI is the adult charge under the Texas Penal Code. It covers any driver who is intoxicated in a public place. DUI is a lesser charge under the Texas Alcoholic Beverage Code. That charge applies only to drivers under 21 with any detectable alcohol.
The difference matters. The two offenses carry different penalties. They also carry different license consequences. Most adults who type DUI lawyer Austin TX into a search bar after an arrest actually need DWI defense.
You also do not need a failed test to be charged. An officer may arrest on observations alone. Driving behavior, speech, balance, and roadside tests can all support the arrest.
Penalties for a DWI Conviction in Austin
A first Texas DWI is generally a Class B misdemeanor. The range runs up to 180 days in county jail. The fine can reach $2,000. A license suspension may follow as well. An alcohol concentration of 0.15 or more makes a first offense a Class A misdemeanor. A second offense raises the level again. A case with a passenger under 15 becomes a state jail felony, and a third offense is charged as a felony DWI. A conviction may also carry an annual state fee and an ignition interlock device condition.
Travis County misdemeanor DWI cases are heard in the county courts at law. Those courts sit at the Blackwell-Thurman Criminal Justice Center in downtown Austin. The county has offered pretrial diversion and deferred adjudication to some first-time defendants. A DWI lawyer Austin TX defendants hire early can say whether those paths may be open. Much depends on the facts and the prosecutor's view of the case.
How an Austin DWI Defense Lawyer Fights the Case
A DWI defense lawyer Austin drivers hire starts with the stop. Officers need reasonable suspicion. Weaving inside a single lane on I-35, with nothing more, may not meet that standard. A bad stop can support a motion to suppress.
Field sobriety testing is the next front. The walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests have set protocols. A sloped shoulder, loose gravel, an old injury, or a medical condition can undercut the officer's scoring. Breath and blood results are open to challenge too. Calibration records, chain of custody, and analyst training are all discoverable.
Under Texas implied consent law in Transportation Code § 724.011, a driver on a Texas roadway is deemed to have consented to breath or blood testing after a lawful DWI arrest. Refusal triggers an administrative license suspension. You have 15 days from the notice of suspension to request a license hearing. That request goes to the Texas Department of Public Safety. The license case runs apart from the criminal charge.
Drivers comparing counsel should weigh a few things. The best DWI lawyer Austin has available will have Travis County trial experience. Familiarity with license hearings matters too. Current training on testing science rounds out the list.
Talk With an Austin DWI Lawyer Today
The 15-day license deadline is the most time-sensitive fact on this page. Missing it generally lets the suspension take effect without a hearing.
A free case review with DrunkDrivingDefense.com covers the officer's report and any scene or booking video. We also review the test results and your license status. Early review helps preserve dashcam footage and calibration records.
Depending on the facts of your stop, you may be able to challenge the stop, the testing, or the suspension. No lawyer can promise a result. A licensed Texas attorney can review your situation. Call 1-888-839-4384 or use our online contact form to reach a DWI lawyer in Austin, TX.
Frequently Asked Questions
Is a DWI the Same as a DUI in Texas?
A DWI and a Texas DUI are not the same charge. DWI is the adult intoxication offense. DUI is a separate, lesser charge for drivers under 21 with any detectable alcohol.
What Are the Penalties for a First DWI in Austin?
A first DWI is usually a Class B misdemeanor. The range runs up to 180 days in jail, with a $2,000 maximum fine. A license suspension may follow. A 0.15 result makes the charge a Class A misdemeanor.
How Long Do I Have to Request an ALR Hearing After a DWI Arrest in Texas?
A driver has 15 days from the notice of suspension. The request goes to the Texas Department of Public Safety. Missing that window usually means the suspension takes effect.
What Happens if I Refuse a Breath or Blood Test in Texas?
Refusal triggers an administrative license suspension under the implied consent law. Officers may also seek a warrant for a blood draw.
Can a First-Time DWI Charge in Travis County Be Dismissed or Reduced?
A reduction or dismissal may be possible. Much depends on the evidence and the prosecutor's view of the case. Diversion and deferred adjudication have been available to some defendants.
