Austin DWI Attorneys
Let Us Fight Your Driving While Intoxicated Charge in the Austin and San Antonio Areas
A DWI charge in Texas is more than just a legal issue—it’s a serious threat to your freedom, reputation, and future. Whether you’re accused of driving while intoxicated or exceeding the legal blood alcohol concentration (BAC) limit, the consequences can be severe. Depending on the circumstances, you could face hefty fines, jail or prison time, a suspended driver’s license, and even a permanent criminal record. Beyond the legal penalties, a conviction can affect your job opportunities, professional licenses, and personal reputation.
At Peek Law Group, our Austin DWI defense lawyers have been protecting the rights of Texans for nearly three decades. Serving Travis, Hays, and Williamson counties and clients throughout Texas, we bring strategic, aggressive defense to every case, fighting to reduce or dismiss charges whenever possible. As Board Certified criminal defense lawyers, we know the ins and outs of Texas DWI laws and how to challenge field sobriety tests, breathalyzer results, and police procedures to protect your rights.
With nearly 500 five-star client reviews, two convenient Austin locations, and a bilingual legal team, we ensure clear communication and personalized defense strategies for every client. Whether your case is resolved in negotiations or at trial, we will stand by your side every step of the way.
Don’t leave your future to chance. Call (512) 474-4445 or complete our online form to schedule a confidential consultation with a top-rated Austin DWI lawyer at Peek Law Group today.

To speak with one of our DWI attorneys in Austin, please call us at (512)-474-4445 or contact us online today.
What is the DWI Process in Texas?
Facing a DWI charge in Texas can be both intimidating and perplexing. Knowing the legal process and your rights is essential for crafting a robust defense. Our seasoned Austin DWI attorneys are dedicated to supporting you through every phase, from your initial arrest to any potential trial proceedings.
Key aspects of the DWI process in Texas include:
- Field sobriety tests and chemical tests
- Administrative license revocation hearings
- Court appearances and potential plea negotiations
- Possible trial proceedings and sentencing
Our dedicated team is committed to safeguarding your rights and examining every potential defense strategy to secure the most favorable outcome for your case. Arrange a consultation with our experienced Austin DWI attorneys to explore your options and begin crafting a robust defense.
What are the Elements of a Texas DWI?
Texas Penal Code § 49.04 prohibits driving while intoxicated.
A person violates the law when they:
- Operate a motor vehicle in a public place when their
- Mental or physical faculties (e.g., motor skills, cognitive abilities) are diminished because of the consumption of alcohol, a controlled substance, and/or a drug; or
- Blood alcohol concentration (BAC) is 0.08 or more.
A DWI can be a misdemeanor or a felony. The level is tied to several factors, including the driver’s BAC level or criminal history.
Misdemeanor charges arise for:
- A first-time DWI without aggravating factors
- A first-time DWI involving a BAC of 0.15 or more
- A second DWI violation
Felony charges may be levied for:
- A DWI where a child passenger under 15 years of age was in the vehicle
- Third DWI violation
- Intoxication manslaughter (causing bodily injury to another person)
- Intoxication manslaughter (causing another person’s death)
Our DWI lawyers in Austin have experience handling complex cases. We will dedicate the time, effort, and resources needed to fight your charge, whether a felony or misdemeanor.
Potential Texas DWI Conviction Penalties
DWIs in Texas carry a range of punishments. In some cases, the penalties can include minimum terms of incarceration. The specific sanctions a court may impose depend not just on the level of charge but also on the factors involved in the alleged offense.
Below are the possible punishments:
- Class B misdemeanor (first offense):
- Up to 180 days in jail
A first-time violation carries a minimum 72-hour jail term
A violation involving an open container of alcohol carries a minimum 6-day jail term
- Up to $2,000 in fines
- Class A misdemeanor (BAC of 0.15 or more, second offense):
- Up to 1 year in jail
A second violation carries a minimum 30-day jail term
- Up to $4,000 in fines
- State jail felony (DWI with child passenger):
- 2 years to 180 days in state jail
- Up to $10,000 in fines
- Third-degree felony (third offense, intoxication assault):
- 2 to 10 years in prison
- Up to $10,000 in fines
- Second-degree felony (intoxication manslaughter):
- 2 to 20 years in prison
- Up to $10,000 in fines
Defenses can be raised to fight DWI charges. For instance, you could argue that the chemical test results were invalid or that you were subjected to an unlawful stop or arrest. Our team will fully investigate to determine ways to combat the accusations against you.
How Can A DWI Charge Affect My Texas Driver’s License?
Facing a DWI charge in Texas can profoundly impact your driver’s license, making it essential to grasp the potential repercussions. Once charged with a DWI, you will likely encounter an Administrative License Revocation (ALR) proceeding initiated by the Texas Department of Public Safety (DPS). This administrative process operates independently from any criminal charges and carries the risk of suspending your driving privileges.
If you decline to submit to a breath or blood test at the request of law enforcement, your driver’s license may be suspended for up to 180 days. Conversely, if you take the test and your Blood Alcohol Concentration (BAC) registers at 0.08% or above, you generally face a suspension period of 90 days.
It is crucial to act swiftly, as you have only 15 days from the date of your arrest to request a hearing to challenge the ALR suspension. Prompt action is essential to protect your driving privileges.
Our experienced Austin DWI lawyers at Peek Law Group understand the complexities of the legal process and can help you navigate it to potentially retain your driving privileges.
What are the Potential Defenses for DWI Charges in Texas?
If you face DWI charges in Texas, you may feel like a conviction is inevitable—but that’s not the case. With a strong legal defense, you may be able to have the charges dismissed, reduced, or fought at trial.
At Peek Law Group, our Austin DWI defense attorneys thoroughly investigate each case to challenge the prosecution’s evidence and protect your rights.
Some of the most effective defenses against DWI charges in Texas include:
- Lack of Reasonable Suspicion for the Traffic Stop
Law enforcement must have a valid reason to pull you over, such as speeding, running a red light, or erratic driving. If the officer did not have reasonable suspicion to make the stop, any evidence obtained—including field sobriety tests and breathalyzer results—could be suppressed, weakening the prosecution’s case.
- Lack of Probable Cause for Arrest
Even if an officer had a valid reason to stop you, they must have probable cause before making an arrest. Probable cause typically relies on field sobriety tests, breathalyzer results, or observed signs of intoxication, including slurred speech, or bloodshot eyes. Our attorneys may argue for dismissal if probable cause was lacking or improperly established.
- Inaccurate or Unreliable Field Sobriety Tests (FSTs)
Field sobriety tests (FSTs), such as the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test, are highly subjective and can be challenged.
Many factors can affect FST results, including:
- Poor lighting or uneven road conditions.
- Medical conditions, injuries, or balance disorders.
- Nervousness or fatigue.
- Improper administration by the officer.
If your FST results were unreliable or improperly conducted, they may not be admissible in court.
- Faulty or Inaccurate Breathalyzer Results
Breathalyzer tests are not always accurate and can be challenged for several reasons. The results may be unreliable if the device was improperly calibrated or lacked proper maintenance. Additionally, mouth alcohol contamination from medical conditions, mouthwash, or breath fresheners can lead to falsely elevated readings. Officer error in administering the test, such as failing to follow proper procedures, can also compromise the validity of the results.
- Medical Conditions or Alternative Explanations
Certain medical conditions, medications, and diets can mimic signs of intoxication or lead to false positive BAC readings. Diabetes or hypoglycemia can cause confusion, dizziness, and acetone in the breath, which may be mistaken for alcohol. Acid reflux or GERD can result in residual alcohol in the mouth, leading to inflated breathalyzer results. Additionally, individuals on keto diets produce acetone, which some breathalyzers can misinterpret as alcohol, further compromising the accuracy of BAC readings.
- Violation of Your Constitutional Rights
If law enforcement violated your rights at any stage of your arrest, your case may be dismissed. Violations can include failure to read your Miranda rights before a custodial interrogation, which can make any statements you provided inadmissible in court. Additionally, if law enforcement coerced a statement or confession, it may not be legally valid. Another critical violation is an unlawful search and seizure, where officers obtain evidence without a warrant or a valid legal exception. Any of these constitutional breaches can significantly weaken the prosecution’s case and may lead to a dismissal of charges.
- Rising Blood Alcohol Concentration (BAC) Defense
Alcohol takes time to absorb into the bloodstream fully. If you drank shortly before driving, your BAC may have been below the legal limit while you were behind the wheel but increased by the time you were tested. This can be a strong defense, especially if there was a delay between the stop and the breath or blood test.
Blood Test Issues and Chain of Custody Problems
If a blood test was used in your DWI case, the prosecution must prove the sample was properly collected, stored, and tested.
Errors that can compromise the results include:
- Contaminated or improperly stored blood samples.
- Mishandling or gaps in the chain of custody.
- Incorrect lab procedures leading to false positives.
A DWI charge does not have to mean a conviction. At Peek Law Group, our experienced Austin DWI defense lawyers are ready to investigate every aspect of your case and build a strong defense to protect your rights, freedom, and future.
At Peek Law Group, We Also Represent The Following Practice Areas:
Contact Our Skilled DWI Defense Attorneys in Austin, Texas
Peek Law Group is committed to providing honest, strategic, and aggressive defense for every client. When you hire our team, you gain a dedicated advocate who will fight to protect your rights and your future.
If you are facing a DWI charge in Texas, time is critical. Acting quickly can significantly impact the outcome of your case, helping you avoid the most severe penalties. With a track record of successfully handling tens of thousands of cases, our experienced Austin DWI defense lawyers know how to challenge the evidence, build a strong defense, and guide you through the complexities of the legal system.
Your driving privileges, reputation, and freedom are at stake. Don’t wait—take control of your defense today. Call (512) 474-4445 or complete our online form to schedule a confidential consultation with a top-rated Austin DWI attorney at Peek Law Group.
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