This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Austin DWI lawyer defends clients facing driving while intoxicated charges across Travis County and the surrounding Central Texas area. Austin and Travis County rank among the most active DWI enforcement jurisdictions in the state, and a DWI arrest here triggers not one but two separate legal processes at the same time. In 2024 alone, over 1,000 people in Texas died in crashes involving alcohol-impaired drivers, according to TxDOT data, and law enforcement across the state continues to ramp up enforcement. A DWI charge in Austin launches both a criminal case in Travis County courts and an Administrative License Revocation proceeding with the Texas Department of Public Safety. You have only 15 days from your arrest to request an ALR hearing, or you lose your driver's license automatically. That 15-day deadline alone makes early legal intervention critical. We handle both the criminal case and the ALR proceeding for clients throughout Travis County, and we start building your DWI defense the same day you call.
LaVine Law Firm provides comprehensive DWI defense that covers both the criminal charge and the ALR license suspension proceeding. Many DWI defendants in Austin focus only on the criminal case and miss the 15-day ALR request deadline, losing their driver's license before the criminal case even begins. We make sure that does not happen.
We know the Travis County Courts at Law that handle misdemeanor DWI cases, the district courts that manage felony DWI charges, the Austin Police DWI unit procedures, and local prosecutors' approaches to these cases. Our DWI lawyers handle every stage: ALR hearing request and representation, criminal arraignment, pre-trial motions, plea bargaining, trial, and post-conviction relief. If you need a DWI attorney in Austin, TX, you get direct attorney access, fast response after arrest, and a legal defense strategy that addresses every angle of your case from day one.
Texas DWI law is more complex than most people expect. The specific charge level, the circumstances of the arrest, and the defendant's prior record all determine what penalties and consequences apply. Misdemeanor and felony DWI charges are governed by different courts and carry very different outcomes. Understanding your DWI charges in Austin, Texas, starts with knowing which tier your case falls into.
First- and second-offense DWI charges are the most common cases on the Travis County DWI docket. Both are misdemeanor-level offenses, but both carry serious penalties that follow you for life.
Under Texas Penal Code §49.04, driving while intoxicated means operating a motor vehicle in a public place while intoxicated. Intoxication is defined as having a blood alcohol concentration of 0.08% or higher, or loss of normal use of mental or physical faculties due to alcohol, a controlled substance, or a combination of both. First-time DWI penalties include:
A first DWI conviction is permanent. It can never be expunged in Texas, and it appears on every criminal record check for the rest of your life.
A second DWI offense raises the stakes. Penalties include:
A second DWI conviction increases insurance rates and can affect professional licenses. Enhanced penalties apply if the blood alcohol level was 0.15 or higher at the time of arrest.
Three pathways lead to a felony DWI charge in Texas. All felony DWI cases are prosecuted in Travis County district courts, not in county courts.
A third DWI conviction carries a sentence of 2 to 10 years in the Texas Department of Criminal Justice, a fine of up to $10,000, and a driver's license suspension of up to 2 years. Any prior DWI convictions count toward the third offense, regardless of how long ago they occurred. There is no "lookback" limit in Texas law.
Any DWI arrest where a child under 15 is in the vehicle is a state jail felony, regardless of whether it is a first or second offense. The penalty is 180 days to 2 years in state jail and a fine of up to $10,000. This charge can also trigger CPS involvement and family law consequences, including domestic violence-related protective orders in some circumstances.
Intoxication assault, causing serious bodily injury to another person while intoxicated, is a third-degree felony. Intoxication manslaughter, causing the death of another person, is a second-degree felony carrying 2 to 20 years in prison. These cases often involve accident reconstruction experts and complex forensic evidence.
The Administrative License Revocation process is a civil proceeding separate from your criminal case. The Texas Department of Public Safety manages it, not Travis County courts. After a DWI arrest, you have exactly 15 days to request an ALR hearing. If you miss this deadline, your license suspension goes into effect automatically on the 40th day after arrest.
An ALR suspension is triggered by either failing a breath or blood test (blood alcohol content of 0.08% or higher) or refusing to take a chemical test under the Texas implied consent law. The suspension timelines are:
Requesting the ALR hearing provides two key benefits. First, it delays the suspension pending the hearing. Second, it gives your defense attorney a chance to cross-examine the arresting officer under oath, which provides valuable discovery before the criminal case proceeds. We handle ALR hearings for all Austin DWI clients as part of our comprehensive representation.
Travis County has a well-organized DWI prosecution infrastructure. This includes dedicated DWI prosecutors, a DWI Court program for eligible defendants, and established procedures for handling breath-test, blood-test, and refusal cases. Understanding how local prosecutors build their cases helps us identify the most effective defense angles for every client.
Austin DWI prosecutors rely on several categories of evidence to build their cases. Each type creates opportunities for the defense.
Each evidence type presents its own challenge and opportunities for the defense, and we review every piece of evidence in every case.
Travis County offers a DWI Court program as an alternative to traditional prosecution for eligible defendants. This program targets repeat DWI offenders or those with underlying substance use issues. Eligibility typically applies to second- or third-offense defendants who meet specific criteria, though first offenders may have access to other diversion programs.
DWI Court involves intensive supervision, mandatory treatment, regular check-ins with the court, and sobriety monitoring through Travis County counseling services and alcohol education classes. Successful completion can result in reduced charges or lighter sentences. Not every DWI defendant qualifies for diversion, and eligibility depends on the charge level, criminal history, and the specific facts of the case. We evaluate every client's diversion and program eligibility from the start.
A strong DWI defense in Travis County requires challenging the stop, the testing procedures, the handling of evidence, and the constitutional validity of the arrest at every turn. We start building the defense the same day a client calls our law firm.
Every DWI defense begins with the legality of the initial traffic stop. If the officer lacked reasonable suspicion to make the stop, all evidence gathered afterward may be suppressed. We challenge traffic stops on several grounds:
We also challenge the arrest itself. This includes questioning whether the officer had probable cause to believe the driver was intoxicated, whether the officer was properly certified to administer standard field sobriety tests, and whether the tests were administered on proper surfaces, with adequate lighting, and with clear instructions. Our team reviews Austin PD body camera footage in every DWI case; the video often contradicts what the written arrest report claims.
Blood and breath tests are the most powerful prosecution evidence in most DWI cases, and both are more vulnerable to challenge than defendants realize.
Two additional defense angles apply in many Travis County DWI cases.
Field sobriety tests are voluntary in Texas. Defendants are not legally required to perform them, and refusal cannot be used as evidence of guilt. The HGN test can be affected by medical conditions, fatigue, and medications, not just alcohol. The Walk and Turn and One Leg Stand tests are influenced by age, weight, footwear, surface conditions, and anxiety. Body camera footage often shows conditions that contradict the officer's written account of how the defendant performed on these tests.
Alcohol continues to be absorbed into the bloodstream after a person stops drinking. This means the blood alcohol concentration may have been below 0.08% while the defendant was driving, but risen above that threshold by the time the chemical test was administered. This defense requires a careful timeline analysis of the defendant's drinking pattern and the timing of the chemical testing.
A DWI conviction in Travis County reaches far beyond jail time and fines. The consequences follow you into every part of your life.
Criminal Record: A DWI conviction in Texas is permanent. It cannot be expunged, even for a first offense. The conviction appears on all criminal background checks. Record sealing through an Order of Nondisclosure may be available in limited circumstances for first offenses that resulted in deferred adjudication. Still, this option is not available for all DWI convictions. Learn more about how long a DWI stays on your record in Texas.
Driver's License Consequences: Suspension periods vary by offense level and whether a chemical test was refused or failed. Reinstatement requires paying fees to the Texas Department of Motor Vehicles, completing a DWI Education Program or alcohol education program, and potentially installing an ignition interlock device. An Occupational Driver's License may be available during the suspension period for essential driving needs. Find out how to get your license back after a DUI.
Insurance: A DWI conviction typically results in significantly higher auto insurance premiums for 3 to 5 years or more. Some insurers may cancel coverage entirely.
Employment: A permanent DWI criminal record affects jobs requiring a commercial driver's license, professional licenses, government security clearances, and positions involving company vehicles. Understanding whether a DUI will affect your job is essential.
Immigration: DWI convictions, especially at the felony level, can affect immigration status, visa renewals, and naturalization eligibility for non-citizens.
Fighting a DWI charge is almost always worth pursuing. We evaluate every avenue to avoid or minimize a conviction for every client.
Choosing the right DWI defense team in Austin matters. Here is what sets LaVine Law Firm apart.
We have direct familiarity with Travis County Courts at Law and the district courts that handle felony DWI cases. Knowing the prosecutors, judges, and procedures provides a real strategic advantage in every case. Our criminal defense attorneys handle both the criminal case and the ALR proceeding, so clients do not need to find two separate lawyers.
We respond fast because the 15-day ALR deadline leaves no room for delay. Our law office is ready to act immediately upon a client's call. Clients work directly with their attorney, not a paralegal or associate. Every case includes a review of police reports, body camera footage, Intoxilyzer maintenance records, blood test chain of custody, and witness accounts. We also maintain transparent communication and a clear fee structure with no surprise billing. As your Austin criminal defense attorney team, we fight to protect your future at every step.
You face two proceedings at once: a criminal case in Travis County courts and an ALR license suspension through the Texas Department of Public Safety. You have 15 days to request an ALR hearing. Knowing the first things to do after an arrest can protect your rights and your license.
Yes. Dismissal can happen through suppression of key evidence, challenging the stop's legality, or contesting test results. The defense strength depends on the specific facts and the arresting officer's conduct.
A first DWI is typically a Class B misdemeanor. It becomes a felony if a child passenger under 15 is present, or if serious injury or death results from the offense.
Yes. A DWI conviction in Texas is permanent and cannot be expunged. It appears on all background checks for life. Every defendant is innocent until proven guilty, and fighting the charge is the best path to protecting your record.
Your driver's license is not suspended at the moment of arrest. The suspension begins on the 40th day unless you request an ALR hearing within 15 days. A defense attorney can file that request for you.
Texas uses DWI (driving while intoxicated) for adults. DUI (driving under the influence) applies only to minors under 21 caught driving with any detectable alcohol in their system.
A DWI arrest in Austin starts a clock you cannot afford to ignore. The 15-day ALR deadline alone means you need a DWI attorney on your side today, not next week. LaVine Law Firm provides comprehensive, fast-response DWI defense for clients in Austin and Travis County at every charge level.
We also handle a full range of criminal defense matters, including drug possession, drug charges, drug trafficking, drug offenses across all penalty groups under the Texas Health & Safety Code, possession of marijuana, controlled substances cases, resisting arrest, aggravated assault, sex crimes, sexual assault, sexual assault of a minor, sexual offenses, online solicitation, solicitation of prostitution, revenge porn, sex offenders registration issues, unlawfully carrying a weapon, dab rig and paraphernalia charges, and felony defense. Our felony defense attorneys and criminal defense lawyers are prepared to fight for you.
Contact us today for a free, confidential case evaluation. We offer free consultations, same-day response after arrest, payment plans, strict confidentiality, and no obligation. Our law office serves clients throughout Austin, Travis, Williamson, and Hays Counties, as well as surrounding Central Texas jurisdictions. If you need a warrant search or help with any DWI-related matter, call LaVine Law Firm today. Your future is worth defending, and the time to act is now.
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