Austin DWI Lawyers
A night on the town in Austin is something that many of us throughout the city look forward to once we start making our plans. Maybe it’s visiting friends or family at a bar or nice restaurant. Maybe we’re going to a concert at one of the 250-plus iconic music venues located here. Perhaps going to a sporting event at UT or hitting the Formula 1 race or other motorsports event at Circuit of the Americas.
Whatever you decide to do with your free time, you cherish these moments to relax. To remember the things that help make you who you are and bring you joy. Unfortunately, many of these nights on the town become nights to remember for a different reason – being stopped by police on suspicion of drunk driving.
At Hildreth & Rueda, our drunk driving attorneys understand how to build an aggressive and comprehensive defense against Austin drunk driving charges. No matter where you were stopped in the city or surrounding metro areas, our experienced DWI lawyers are ready to help you protect your future, your freedom and your driving privileges.
Table Of Contents
A Breakdown Of Texas DWI Laws
The DWI laws in Texas are very strict and carry strong consequences even in the event someone is convicted of a first offense in the state. Having an experienced Austin DWI lawyer can help you protect yourself against these consequences. Here is a closer look at the laws that apply to drivers charged with drunk driving:
First Offense: Typically, a first-time DWI is a Class B misdemeanor in Texas, but that doesn’t mean it’s a consequence-free offense. Penalties can be very harsh. They include up to 180 days in jail as a maximum sentence; however, a person will have to serve at least three days in jail if convicted. Additionally, there are fines of up to $2000, as well as the loss of a driver’s license for up to one year.
Second Offense: A second offense DWI is typically a Class A misdemeanor. Penalties increase for a second offense, which includes up to a year in jail, as well as $4,500 in fines and court costs. Probation may also be required. A driver’s license suspension is also likely and can run up to two years. Community service may be mandated, as well as other classes related to alcohol education. There may also be other requirements for motorists before they can drive again, such as the installation of an ignition interlock device.
Third Offense: Things get much more serious if convicted of a third DWI or more. These cases are third-degree felonies. We’re getting into an area where, if convicted, people are going to receive a prison sentence. In third offense DWI matters, this can be a sentence that ranges from 2 to 10 years, depending upon the facts of the case. Even if prison time is not sought in the case, people will still be required to serve some jail time as a result of the conviction. High fines may also be possible, which may exceed $10,000 once all court costs and other charges are added up. Felony charges will also be likely in the event the impaired motorist is involved in a crash that causes injuries to another person.
Where DWIs Happen – Popular Events In And Around The Austin Area
Locals and out-of-towners never have to worry about finding something to do in Austin. Nearly every day, something happens somewhere in the city. Want to see live music? Head out to one of the seemingly endless places to catch a concert. Want to go to a sporting event? Several pros (MLS Austin FC and MiLB Round Rock Express) operate in the area, and UT also has a full slate of sports teams – each competing at different times throughout the season.
Some of the most popular events in the city that bring people from around the world to Austin include:
- Formula 1 – US Grand Prix at Circuit of the Americas (COTA)
- NASCAR race at COTA
- UT Football and Basketball
- Austin City Limits Festival
- South By Southwest (SXSW)
This is just a small sampling of things that happen throughout the year. But, during these major events at major locations in and around the city, police have a very strong presence looking for impaired drivers. Law enforcement is out in full force, looking for anyone they suspect of operating under the influence.
Austin PD has several units that focus specifically on DWI. These include the Impaired Driving Investigations (IDI) Unit and DWI Enforcement Unit, in addition to those in Travis County, which include the Travis County Sheriff’s Office DWI Unit. Other cities and counties that surround Austin also have their own specialized DWI groups, which have a heavy presence during these popular events.
With more resources on the roads at these high-traffic times, the potential is there for police to make a stop. Do not simply plead guilty without talking to an experienced DWI attorney first.
What To Do If Stopped By Police
First and foremost, don’t panic. Remain calm, and do not do anything that would further raise the officer’s suspicions. Police will ask you for your identification and insurance information, and you must provide that information to the officer. If the officer asks you additional questions, like if you had anything to drink that evening prior to the stop, you may refuse to answer the questions.
If the police ask you to perform field sobriety tests, you can again refuse these requests. Similarly, you may also refuse if police ask you to submit to a blood, breath or chemical test at the site of the stop. However, know that if you refuse, this will not end the encounter. Police will continue to investigate you, and most likely, you will be arrested based on the actions you take at this time.
Texas is an implied consent state, which means that as a condition of being able to be a licensed driver on state roadways, you agree to submit to a blood/breath/chemical test if requested by law enforcement after being arrested for operating a motor vehicle if suspected of impairment. You can still refuse, but there are penalties for this refusal. Your license will be suspended for 180 days if you refuse to submit to one of these tests if arrested on suspicion of DWI.
During a police stop, police are using every bit of evidence they have to begin building a case against you. You may feel like you can charm your way out of an arrest or charge by being helpful – but that’s not going to happen. It can be hard to think strategically when stopped by police because things are going to start happening really fast. Be kind and respectful, but do not make any admissions that you think will clear your name. You are only going to make things much more difficult for you to challenge later in the process.
A DWI Conviction Remains On Your Record
We’ve discussed how strict Texas is with its DWI laws. If you are convicted, know that this is most likely going to be on your record forever. There are very limited opportunities to have a DWI sealed, which we discuss below. If you plead guilty, you are going to have to deal with the consequences for long after your case has finished. Do not make the mistake of simply pleading guilty just to bring an end to the case. While it may be over in the legal sense, it is not over in the lifetime sense. You need an experienced DWI attorney to work with you to understand the full implications of the charges.
No Lookback/Washout Period
Some states may have laws that have DWI convictions “reset” after a certain period of time. That is, if you had your first DWI 20 years ago, and your second arrest just happened, the first may not be counted against you if it happened outside of the specific time limits in the state laws. This is sometimes called a “Lookback Period or Washout Provision.” Texas does not have a lookback period or washout provision in its laws. In most cases, if you are convicted of DWI in Texas, it will count against you in all future DWI arrests, regardless of how long ago the previous conviction occurred.
Certain exceptions may apply to previous convictions. In 2017, the state passed the Texas Second Chance DWI Law. This law allows individuals an opportunity to seal prior DWI convictions on their records, so long as they meet very specific requirements, which include:
- Fulfilling the court’s requirements in the original DWI conviction
- The motorist’s BAC in the DWI must be under .15 percent
- The DWI cannot have resulted in an accident that involved other individuals
- A waiting period that will vary upon the offense – two years for those convicted of a DWI misdemeanor, five years for those with felony DWI convictions
- No other disqualifying criminal convictions during that waiting period, which include subsequent DWI convictions
These are extremely complex procedures and require the assistance of an experienced DWI attorney. Without an attorney, you may have challenges gathering the necessary information required to get positive results in your case. Speak to our Austin drunk driving lawyers today to understand if you may apply to have your previous DWI sealed.
Other State DWI Convictions
Austin is home to many people who have moved from other places across the United States. It’s important to note that if you’ve had a DWI conviction in any other state, that prior conviction may be used against you if you’re facing DWI charges in Texas. That can mean enhanced penalties may apply if you are convicted of the offense in Texas. Our Austin DWI lawyers can help you determine your defense options in these situations.
Nonresidents Charged With DWI In Texas
People also head to Austin for a number of high-profile events throughout the year. Those here on vacation or business can find themselves arrested for DWI, and they need to understand how those charges impact them in Texas and their home state. Many states will consider a conviction in another state in subsequent charges.
Coming back to Texas may be challenging if you live far away, but you have to deal with the charges you are facing. Call our Austin DWI attorneys’ office today to learn how we can help. In some cases, we can appear on your behalf and keep you from having to be here in person while your case is in progress.
Austin Driver’s License Suspension Attorneys
What many people do not know about DWIs is that there are actually two cases that require a person to resolve as part of the process. You’re well familiar with the criminal case and the penalties that may apply, as we’ve detailed above. But – what you may not realize is that you have to deal with the administrative proceedings regarding the suspension of your driving privileges in a very short period of time after your arrest.
Texas rules have very detailed timelines on when a license suspension will go into effect if a person’s BAC exceeds the legal limit. The short version of the law is this: Your license will be suspended unless you request a hearing to contest the suspension, and you must request that hearing in either 15 or 20 days, depending upon the circumstances of your arrest. If you do not make that request, your license is deemed suspended.
These administrative license revocation (ALR) hearings are great places for you to gain evidence that police may use in the criminal trial against you. By requesting one of these hearings, you’re requiring the officer to show up in court and lay out the facts of the stop. This shows what the police have and can help you build a defense strategy for a possible criminal trial.
While you may be unable to avoid having your license suspended, there’s a real serious advantage to requesting this hearing and working with an experienced DWI attorney along the way. Your DWI lawyer will be able to evaluate how strong the case is that the prosecution has and may be able to negotiate an outcome that helps you protect what is important to you.
DWI And Your Future
If you’re charged with DWI, you can easily see what potential penalties you may be facing as part of the criminal case. However, there are many more consequences that result when a person is convicted of DWI, and they can have a long-lasting effect.
A DWI isn’t just a criminal case – you also have the license suspension aspect that we addressed earlier. However, there are also other consequences that you need to be aware of. Your insurance is going to increase dramatically. How much will your premiums go up? A lot – and that’s if your insurer will even insure you. Your employer could fire you if convicted. If you have security clearance for government or military careers, you could lose that access as well. DWI isn’t just a criminal case, and if you fail to understand the full range of possible penalties that you may be facing in all aspects of your life, you could find yourself in a position that causes lasting harm.
We’ve mentioned above the limited ability to have DWIs sealed on your record. If you’re convicted, that conviction is going to be there for a long time. You need to be sure that you have a strong game plan in place when facing these charges to limit these consequences in the future.
Impact Of DWIs On Careers
There’s a lot that happens after a DWI. Often, the most immediate concerns for someone facing DWI charges relate to staying out of jail, as well as the impact that the DWI will have on the future. And this is where sometimes a very harsh reality sets in – the stakes can be even higher for some because they need a license or a clean driving record in order to stay employed.
People who drive for a living absolutely face serious consequences for a DWI. A DWI conviction is basically a pink slip. You will need to find a new line of work in the overwhelming majority of circumstances.
Professional Drivers – CDLs And Others Who Drive For A Living
CDL drivers have much lower BAC levels addressing impairment than ordinary motorists. Rideshare companies, like Uber and Lyft, in most cases, will not hire people with previous DWI convictions on their records. Delivery drivers – whether it be for restaurants or parcel delivery drivers, like Amazon, UPS or FedEx – do not want the potential liability that would come from hiring someone with previous DWIs. If you have to drive for work, you cannot be convicted of DWI and expect to still have a job.
Individuals Who Require Professional Licenses
People may sometimes need a certificate or license to work in a certain field. For example, teachers in Texas must satisfy five requirements before they can get approved to teach in the state. This includes a background check to look for prior criminal convictions. Now, someone with a DWI can apply to be a teacher in the state – the DWI conviction will not automatically disqualify someone from teaching, but it can have a negative impact on a career before it even has a chance to start.
The impact on a teaching career can be far worse if someone is convicted of DWI after they’ve been licensed to teach. Licenses can be suspended for a DWI conviction. Teachers may also be let go if they get a conviction – as they may be considered a liability by employers or school districts. It can make it much more difficult to find another teaching job as well.
Likewise, others in licensed occupations face the same challenges. Doctors and nurses can also have negative consequences for a DWI. Attorneys may also face discipline depending on their specific situation. All of these consequences count and threaten a person’s livelihood. If facing a DWI, it’s essential to talk to a DWI attorney as soon as possible to begin building your defense.
Common Questions About Drunk Driving
DWI cases seem like they are relatively straightforward, but they are anything but – these cases have many twists and turns. People often ask us questions about issues specific to their case, and we want to address some of the things that we hear the most often. We invite you to reach out to our experienced DWI lawyers to get information that is directly related to the facts of your case.
How many drinks do I have to have before I am considered too impaired to drive?
This is a question that depends on many different variables. There are many factors that influence your impairment status. This includes what you are drinking, the amount of time that has passed while drinking, if you are drinking on an empty stomach, your ability to break down the alcohol, and also your body type. Everyone reacts differently, and you can be considered legally impaired and not even realize it.
Often, BAC calculators fail to take any of these influencing factors into consideration. They look at things from a very clinical perspective. Six drinks in two hours and you are impaired according to the calculator when you enter your information. While this is probably the case, it’s important to understand that these calculators are not foolproof. Definitely do not rely upon BAC calculators to determine if you are sober enough to drive after drinking.
Police stopped me for DWI. How do I know if they followed procedures when making a stop?
Reviewing the actions of law enforcement officers is a crucial part of any DWI defense. Our attorneys will gather the available evidence here to see if the police respected your constitutional rights. Officers need to have reasonable suspicion to pull you over or have probable cause to believe a crime has been committed.
Reasonable suspicion is a fairly low standard – police just need to think that you may be breaking the law to make a stop. They could do so for things like driving under the speed limit, or making a sudden turn, etc. Probable cause is a slightly higher standard, but police still have a lot of leeway. This can include things like police observing you breaking a traffic law. See more below, where we discuss possible defenses our Austin DWI attorneys may have available in your case.
Does Texas have sobriety checkpoints?
Texas does not allow law enforcement agencies to run sobriety checkpoints. However, that does not mean that law enforcement is completely prohibited from having checkpoint-like procedures in place. For example, several cities throughout the state have what are called “No Refusal Weekends.”
“No Refusal” means that a motorist must submit to a blood test if requested by law enforcement. (Texas is an implied consent state, which means that drivers submit to these requests as a condition of driving on the state’s roads.) If the motorist refuses, on a no-refusal weekend, judges are readily available to approve warrants quickly to obtain the driver’s blood.
Law enforcement frequently uses these tactics around holidays and major events. Austin basically had a no-refusal summer every night in 2024. While police may not be allowed to run sobriety checkpoints, there are still other similar mechanisms that they may use to stop and arrest motorists suspected of impairment.
How much does it cost to fight a DWI?
The cost of a DWI is going to be a lot more than it seems on its face. We talked about DWI penalties above, which include fines, court costs and other charges, such as increased insurance or ignition interlock device installation and monitoring. You will most likely already be looking at a fairly substantial amount of costs there.
Because of this, many people often skip hiring a DWI defense attorney because they are already dealing with a thin budget. While the cost of a DWI case can vary – it will depend on the facts of the case, whether or not your case will go to court and any previous convictions – you need to think about the big picture.
When you hire a DWI attorney to take your case, you get someone who is on your side fighting to protect the things that are important to you. While it can be hard to think about spending money, you have to realize the value you get from hiring your own lawyer. Your attorney can push back against aggressive prosecutors and work to potentially limit the consequences you may be facing. Prosecutors may be unwilling to do this unless you have an advocate in place. The risk of going without a DWI attorney or working with a public defender is taking a significant chance with your freedom.
What is the difference between breath test and chemical test results?
Under Texas law, an individual is legally intoxicated if his/her blood alcohol content is .08 or greater. This can be determined by testing the blood, urine or breath, and it measures the number of grams of alcohol per:
- 210 liters of breath
- 100 milliliters of blood
- 67 milliliters of urine
Blood testing is generally considered to be the most reliable and accurate, while urine tests are regarded as the least precise. If you are arrested for a DWI in Texas, you will most likely be asked to give a sample of your breath. Breath testing is the most commonly utilized method because it is the least expensive to administer. The scientific community is sharply divided over the accuracy and reliability of breath testing procedures. The police do not save the sample of breath tested. Thus, it is not available for re-testing by an independent laboratory.
What do I do if I do not own a car and need to drive after a DWI?
While public transportation in Texas offers a variety of choices, driving is usually the fastest way to get around. If you anticipate needing to drive a car after a DWI conviction, you could explore the option of asking the court about obtaining a portable alcohol monitoring device (PAM). Connected directly to the court’s monitoring system, this hand held electronic device measures the alcohol in your breath through out the day. Each county has specific compliance factors for the using the PAM, which could be court-ordered anywhere from two months to up to a year after a conviction. Sometimes, it is a requirement for pretrial diversion, a bond condition, plea bargain or probation. Call Hildreth & Rueda to discuss your range of alternatives. We can help you pursue the course of action that is in your best interests.
Defenses To Austin DWI Charges
A DWI arrest and charge does not necessarily mean a slam-dunk conviction by the prosecution. While prosecutors throughout the Austin metro take these charges seriously, there are defenses available to these charges to help you protect your rights in your case. Let’s take a closer look at some of the defenses that may be available to Austin’s DWI charges.
Reviewing The Actions Of Police
As we discussed earlier, police need to have a reason to make a DWI stop. They must have reasonable suspicion to pull you over. Police can’t just decide to pull a vehicle over at random. Police need to see you doing something that potentially could be a violation of a law based on the factors present at the time. These observations can include:
- Traffic violations, like speeding, weaving and failing to signal lane changes. This includes nearly anything that would break a traffic law in the city/county/state. It can even include things like driving too slow.
- Reports from other motorists who see you engaging in reckless behavior while driving.
- Single-vehicle accidents or other crashes that lead to an officer showing up on the scene.
- “Erratic” behaviors when being followed by police
The point is that police have a lot of leeway when they decide whether or not to pull someone over. But that doesn’t mean that these actions will always be deemed constitutional by the courts. Our Austin DWI lawyers will meet with you to learn the factors and review the police reports on your stop. We will examine all of the evidence in your case to determine if we are able to contest the actions of the police before your DWI stop.
Equipment Used In The Investigation
Law enforcement agencies across Texas may use the Intoxilyzer 5000 machine, which measures a person’s breath for the presence of alcohol. Preliminary breath tests (PBTs) may be conducted in the field at the time of the stop, and if an arrest is made, police will submit the motorist to a more sophisticated test called an evidentiary blood test (EBTs.)
The machines used in these tests need to be maintained properly in order to provide valid results. Because of the upkeep required, it’s possible that the devices are not able to obtain accurate information. They are very fine-tuned instruments, and if there are concerns with calibration or other issues, it’s possible to challenge the evidence obtained from them. You need an Austin DWI attorney experienced with the operation of the machines to truly understand how to build a defense in these circumstances.
Evidence From The Surrounding Environment
Austin police are required to turn on their body cameras when initiating a traffic stop. They may also have dashboard cameras (or mobile cameras) mounted in their vehicles. They should be turned on to record the encounter with a motorist suspected of impairment. If arrested, you should be able to access these videos to determine if there is anything you can use from them to help establish your innocence. This can include reviewing the field sobriety tests that may have been conducted after the stop.
Additionally, it’s possible that you may also have a recording of the encounter. Whether that’s a cellphone video or your own dashcam, you may be able to show that there were no valid reasons for the traffic stop. You may also be able to show other evidence from the recordings, like perhaps other vehicles that fit the description that police were attempting to track. If you have any of this evidence, definitely bring it up with your DWI lawyer to help build your defense.
Possibility Of A Plea Deal
Prosecutors often seek strong penalties in these cases, but that doesn’t mean things are going to end up in a conviction and the longest possible sentence automatically. In some circumstances, there may be evidence that you committed a crime, but they may not have the strongest possible evidence to obtain a conviction in their DWI case. Prosecutors may be willing to offer a lesser charge instead of DWI if warranted in certain situations.
It’s important to note that this isn’t just going to happen – that is, prosecutors won’t show up to jail the day after your arrest and offer you a deal that protects your best interests. You’ll need an experienced Austin DWI lawyer to fight for your future. An attorney experienced in DWI, as well as in the courts around the area, can help you understand what legitimate plea options may be available. You need someone who knows exactly how things work to be able to get through this in the way that best protects your interests.
Why Hildreth & Rueda
There are many, many Austin DWI attorneys you could trust to handle your case. Here’s why you should rely upon our experienced DWI lawyers to help you build an aggressive defense to the charges you are facing.
- Experience: Our DWI lawyers have more than 20 years of experience handling drunk driving cases throughout the Austin metro area. One of our partners, Duke Hildreth, has also handled cases as a prosecutor. This experience on both sides of the issue helps us prepare a strong defense for our clients.
- Trial success: Because of the experience our DWI lawyers have, we are not afraid to try a case. We understand that in some circumstances, going to trial is the best way to protect what is most important to you. We will offer you a fair assessment of your options and advise you on what course of action we may think is best for your situation.
- Personal representation: We’re not a law firm that simply takes a case and works it the same way we always do. When our Austin DWI attorneys meet with you, we want to know what’s most important to you. We want to know how you are feeling, what you are worried about and what you need from your DWI lawyer. We want to answer your direct questions and provide you with direct answers to your questions. When you work with us, you get us.
- Honest and judgment-free: Mistakes happen. People find themselves in situations that they wish they could undo. We get it. We know that nobody wants to be talking to us about a DWI case. We know how much this weighs on you and that you would do anything not to be in this situation. Our Austin DWI lawyers are focused on helping you get through this. We’re not here to make you feel worse about things. We’re not going to lecture you. We’re going to be your strongest advocate and your partner throughout this process.
Schedule Your Free Consultation With An Experienced Austin DWI Attorney Today
You have a short amount of time to protect your future after being arrested for DWI. Call 512-415-7648 or send us an email to arrange your free consultation with one of our DWI lawyers. We will help you make sense of your options and put you on the right path toward protecting your freedom.