512-415-7648
Free Consultations
Virtual Appointments
Se Habla Español
Hildreth & Rueda Law | Your Austin Attorney
Email
CALL

Your Austin Attorney

Understanding The Bail Process For DWI In Austin

Last updated on May 18, 2025

Getting arrested for a DWI in Texas can be a frightening experience, especially when you are unsure of what happens next. The bail process can be confusing, especially for first-time offenders, as there are multiple steps involved. That is why having a criminal defense attorney by your side is often essential.

At Hildreth & Rueda, we bring over 20 years of legal experience to Austin clients facing DWI charges. As seasoned attorneys, we are committed to helping our clients understand their rights and options, especially during such a stressful time. Our team is skilled and approachable, helping ensure you never feel alone during this process. Whether it is your first offense or a repeat charge, we are here to offer guidance and strong legal representation.

What Is Bail, And How Does It Work?

Bail is a financial guarantee that allows a person arrested for a crime, such as DWI, to be released from jail while they wait for their court date. It is meant to have the person return to court without unnecessarily keeping them in custody.

When you are arrested for DWI in Austin, a judge will review the case after law enforcement submits a probable cause affidavit. Then, they will set the bail amount based on several factors, including:

  • The nature and severity of the DWI offense
  • Your prior criminal history
  • Your ties to the local community
  • The potential risk to public safety
  • Your ability to pay

For first-time DWI cases without injuries, bail usually ranges from $1,500 to $2,000 in Travis County. However, this can vary depending on the details of the arrest.

Options For Posting Bail After A DWI Arrest

Once the judge sets bail, there are a few ways to secure release from jail. They include:

  • Cash bond: The full bail amount is paid upfront in cash. This amount is refundable if the defendant shows up for all required court dates.
  • Bail bond: A bail bond company posts the bail on your behalf, and you pay a nonrefundable fee, usually 10% of the total amount. If you do not appear in court, you or a co-signer may be held financially responsible.
  • Personal bond: This allows release without paying any bail upfront. The Travis County Pre-Trial Services Office offers it based on a strict set of eligibility criteria. There is a $40 administrative fee, and you must agree to meet all release conditions.

These options may seem straightforward, but each has its rules and potential consequences. Our DWI lawyer can help assess your eligibility and determine the most cost-effective and reliable solution for your release.

The Jail Release Process In Austin

After bail is posted or a personal bond is approved, it can still take several hours for the defendant to be released. This delay is often longer if the arrest occurs at night or over the weekend.

An attorney can help speed up the process by filing the necessary paperwork and negotiating with the court and jail staff on your behalf. In some cases, the judge may also require extra conditions before release, such as:

  • Installing an ignition interlock device in your vehicle
  • Attending alcohol education or treatment programs
  • Avoiding alcohol entirely

If you cannot afford to post bail and do not qualify for a personal bond, you may have to remain in custody until your court date. This is where a lawyer can step in and petition for lower bail, negotiate terms or pursue other release options.

Why Having An Attorney Matters

Dealing with the legal system is tough, especially when you are facing a DWI charge and the potential of staying in jail. A lawyer can help:

  • Explain your bail options clearly
  • Help secure your release faster
  • Work to reduce bail or seek a personal bond
  • Ensure your rights are protected every step of the way

Our DWI attorneys can make managing this stressful time easier and give you the support you need.

Let Us Work Together

A DWI arrest in Austin does not mean you are out of options. At Hildreth & Rueda, we are committed to helping people like you understand the bail process and secure release as quickly as possible.

Call 512-415-7648 or contact us online to speak with our Texas-based DWI lawyers today. We offer virtual appointments and free consultations. Se habla Español.