Aggressive DWI Defense In Austin & Travis County

Last updated on March 24, 2026

At the Austin law firm of Hildreth & Rueda, our drunk driving attorneys understand how to build an aggressive and comprehensive defense against drunk driving charges. No matter where you were stopped in Austin or surrounding metro areas, we are ready to help you protect your future, your freedom and your driving privileges.

Executive Overview: What This Page Covers

This page is a practical guide for anyone dealing with a DWI charge in Austin or nearby communities and counties in Texas. It breaks down what you need to know about the law, the penalties you could face and the steps you can take to protect yourself – with clear explanations instead of complicated legal terms.

Here’s what you can expect as you scroll through:

• The law in plain terms: We explain the different levels of DWI charges in Texas, from a first arrest to felony-level repeat offenses, so you understand what penalties the state can pursue.
• The local landscape: We highlight why Austin is a hotspot for DWI arrests, with heavy police presence during music festivals, UT games and events at Circuit of the Americas.
• Why representation matters: We close with why choosing the right attorney – one who knows Austin’s courts and prosecutors – can protect your freedom and future.

This is only a summary of what you’ll find on this page. You’ll also find a Table of Contents right below, with jump links that let you quickly navigate to the topics most relevant to your situation.

If you don’t find the exact information you’re looking for, keep in mind that every case is different and the law applies in different ways depending on the facts. Reach out to our Austin DWI lawyers for clear answers and guidance tailored to your situation by calling 512-415-7648 or filling out our online form.

Table Of Contents

A Breakdown Of Texas DWI Laws
Popular Events In And Around Austin
Common Questions About DWI
Navigating The Blackwell-Thurman Criminal Justice Center (CJC)
Why Our Firm

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.

Texas Penal Code § 49.04 defines drunk driving in the state. It lists two criteria that may result in a driver being classified as impaired. These criteria are: Having a blood-alcohol concentration level at or above 0.08 percent, or “the loss or normal faculties” as a result of drug or alcohol use. This means that law enforcement may cite you for DWI even if you have a blood alcohol concentration level below 0.08 percent.

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.

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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 Austin DWI attorney first.

What Are The Austin Area DWI Hot Spots?

Austin has many places where police can conduct DWI patrols. Below are some of the most common spots where we see DWI arrests happening.

Rainey Street: Aggressive DWI Enforcement

A long, one-way street with tons of bars and only one exit is the perfect place for law enforcement to conduct DWI patrols. The Austin Police Department (APD) and Parks Police often stage at the East Avenue and Driskill Street intersections, watching people out on the town who are returning to their vehicles. Often, these patrols will include Drug Recognition Experts (DREs) who can look for signs of impairment from using prescription medication or illegal drugs.

Officers make stops when motorists drive through neighborhood’s chaotic construction zones and poorly marked one-way streets. At Hildreth & Rueda, we can review the actions of the officers during the traffic stops to ensure that a motorist’s Constitutional rights were protected at all times.

“Old 6th”: Reopened To Vehicle Traffic

Commonly known as “Dirty 6th”, this is a very popular nightlife location in Austin. The road is sometimes opened for vehicle traffic, and when it is open, it is a hot spot for DWI patrols. Police are looking for any reason to make a stop, such as drivers who fail to yield to pedestrians or swerving between lanes.

With the Blackwell-Thurman Criminal Justice Center located nearby, if someone is stopped and arrested they can find themselves in jail very fast. When popular events like SXSW or Austin City Limits are happening, police will often have mobile command units on site for quick blood draws.

West 6th Street: The “Professional” Follow-Out

While the first two items on this list are very much high-visibility law enforcement operations, the patrols on West 6th are much more lowkey. The operations typically run from Lamar Boulevard to West Lynn. Police often wait for someone to leave a bar or restaurant and then watch for any type of moving violation, giving them a reason to stop a motorist and begin a DWI investigation.

Motorists stopped here are often professionals who have additional licensing requirements that may be negatively impacted by a DWI. Lawyers, doctors, nurses and teachers all face potential loss of livelihood if convicted of DWI.

The Domain & MoPac: North Austin

This is a part of Austin where many different law enforcement agencies may be operating DWI patrols. APD and the Travis County Sheriff’s Office overlap in this region. Most of the stops in these locations happen on MoPac (Loop 1) or Burnet Road.

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 which have a direct impact upon your blood-alcohol concentration (BAC.) 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 Austin DWI 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, which can run in the thousands of dollars, if not tens of thousands, depending upon the charges.

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.

During your consultation, you should talk about the potential fees that may result for your case. Many Austin DWI attorneys will have hourly rates, which can vary depending upon the complexity of your case. The important things to consider during these discussions: What happens if you are convicted, what are the costs to your future, and what does the expense of an attorney provide to you going forward.

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 legal professional 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 often used because it’s the most affordable option. However, there’s a lot of debate among scientists about how accurate and reliable these tests really are. 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. Our Austin DWI attorneys can help you pursue the course of action that is in your best interests.

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Navigating The Blackwell-Thurman Criminal Justice Center (CJC)

After an arrest for a Travis County DWI, your legal journey centers on the Blackwell-Thurman Criminal Justice Center at 509 W. 11th Street in downtown Austin. This may be the first time you’ve ever been in this building, so here is a helpful breakdown about some of the things you need to know. We’ve also prepared a detailed guide here that walks you through the entire process regarding DWIs in Travis County, so you know exactly what to expect with your day in court.

Where is my DWI case heard?

Where you need to go at the Justice Center will depend upon the type of case you have:

• Misdemeanor DWI (1st or 2nd Offense): These are typically heard in the County Courts at Law on the 3rd, 4th, 5th or 6th floors. Misdemeanor DWI cases are handled by the Travis County Attorney’s Office.
• Felony DWI (3rd+ Offense or Child Passenger): These cases are escalated to the District Courts, and may be heard on the 1st, 2nd, 3rd, 7th, 8th or 9th floor. Felony cases are handled by the Travis County District Attorney’s Office.
• Specialty Dockets: If you are a repeat offender, a specialty court, such as DWI court may be an option worth pursuing, the DWI specialty court in Travis county is in County Court at Law #7

Travis County Bond Requirements

In Travis County, bonds and bond conditions are handled by Pre-Trial Services, located on the 1st Floor.

• Bonds may be personal bonds, bail bonds or cash bonds
• Depending on the facts of the case and criminal history, judges will often mandate the installation of an Ignition Interlock Device (IID). Noncompliance can result in a warrant for your arrest. The court may also you to wear a SCRAM (Secure Continuous Remote Alcohol Monitor) ankle bracelet.

Where To Park

The justice center is like all other locations that have secured entrances – you will need to go through a metal detector before you are allowed to enter into the building. Know that lines can be extremely long at certain times. You should factor that in when planning your arrival at the courthouse. 

• Where to enter: The most common place to enter will be off of San Antonio St. between 10th and 11th.
• Where to park: Metered parking often fills up extremely fast – typically by 8:15 am. If you have a 9:00 am docket, we recommend finding public parking nearby – either the 812 San Antonio St. Garage or the lot at 510 W. 11th St. (between San Antonio and Nueces).

ALR Hearings Are NOT At The Justice Center

The CJC hears the criminal portion of your DWI case. After you’ve been arrested for DWI, you have a limited amount of time to request an ALR hearing to avoid having your driver’s license suspended. The ALR hearing does not happen at the CJC. The majority of ALR hearings are held via Zoom.

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 advocates to help you build an aggressive defense to the charges you are facing.

• Experience: Our 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, 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 team. 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.

Your License Is At Risk After A DWI Arrest – Call Our Attorneys 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.