Austin DWI Attorneys

Let Us Fight Your Driving While Intoxicated Charge in the Austin and San Antonio Area

You could be charged with a DWI in Texas if you allegedly operated a vehicle while intoxicated or with an unlawful blood alcohol concentration. Depending on the circumstances, the offense could be a misdemeanor or felony. A conviction could result in severe penalties, including jail or prison time, fines, and/or suspension of driving privileges. These sanctions are not the only ones to be concerned about. You may also face collateral consequences, such as an inability to get hired for a job with a driver’s license requirement. Although facing DWI penalties is possible, it’s also possible to seek to avoid or minimize them by fighting the charge.

Our Austin DWI lawyers are ready to pursue a favorable outcome on your behalf. Our team at Peek Law Group has over 21 years of combined experience and has handled thousands of cases. We are Texas Board Certified attorneys who know the ins and outs of the criminal justice system. We can develop a defense tailored for you by listening to your side of the story and understanding your needs. Whether your matter can be resolved inside or outside the courtroom, we will be your steadfast champion throughout.

To speak with one of our DWI attorneys in Austin, please call us at (512) 399-2311 or contact us online today.

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 meticulously 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.

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’sBAC 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 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.

Schedule a Consultation with an Austin DWI Attorney

At Peek Law Group, we hold ourselves to a high standard and handle each case with integrity. When you hire our team, you will have an advocate on your side doing what it takes to defend you.

If you are facing a DWI charge in Austin, acting quickly to protect your legal rights and maximize the chances of a favorable outcome is essential. Enlisting the services of an experienced Austin DWI lawyer's services can significantly impact your case's outcome. A proficient attorney can offer expert legal counsel, develop a robust defense strategy, and guide you through the complex legal system. Delaying action can be costly; therefore, we urge you to get in touch with an Austin DWI lawyer today to arrange a consultation and initiate your defense. Your driving privileges and future are at risk, but with the right lawyer by your side, you can achieve the best possible result.

Related Readings:

• Financial Repercussions of DWI
• DWI Offender Education Programs in Texas
• Can I Be Deported for DWI Conviction
• Is It Possible to Seal a DWI Conviction
• DWI with a Child Passenger
• Can My Child Be Tried as an Adult on DWI Charges?

We are here to protect your rights and future. Please contact us at (512) 399-2311 or submitting an online contact form.