Austin DWI Defense Attorney
Charged with DWI in Austin or Travis County? Get a clear, honest read on your case from an attorney who defends against these charges every day.
Charged with DWI in Austin or Travis County?
Driving While Intoxicated cases move fast. Between the roadside stop, the arrest, and your 15-day deadline to fight the license suspension, there's very little time to get informed before decisions have to be made. Joseph Aragon has spent his career defending people charged with crimes in Texas, and DWI cases are won or lost on details most people never think to question — how the stop was justified, how the field sobriety tests were actually administered, and whether the breath or blood evidence will hold up.
Every DWI case is evaluated for the fastest legitimate path to a dismissal or reduction. When the evidence doesn't hold up, that gets proven. When the State won't move, the case is prepared like it's going to trial, because it might.
Texas DWI Penalties
Penalties escalate quickly based on prior convictions, blood alcohol concentration, and whether a child was in the vehicle. These are the general statutory ranges under the Texas Penal Code:
| Charge | Classification | Possible Jail/Prison | Possible Fine |
|---|---|---|---|
| DWI – 1st Offense | Class B Misdemeanor | 72 hours – 180 days | Up to $2,000 |
| DWI – BAC 0.15+ | Class A Misdemeanor | Up to 1 year | Up to $4,000 |
| DWI – 2nd Offense | Class A Misdemeanor | 30 days – 1 year | Up to $4,000 |
| DWI – 3rd Offense | 3rd Degree Felony | 2 – 10 years | Up to $10,000 |
| DWI with Child Passenger (under 15) | State Jail Felony | 180 days – 2 years | Up to $10,000 |
| Intoxication Assault | 3rd Degree Felony | 2 – 10 years | Up to $10,000 |
| Intoxication Manslaughter | 2nd Degree Felony | 2 – 20 years | Up to $10,000 |
The 15-Day ALR Clock
Separate from the criminal case, a DWI arrest triggers an Administrative License Revocation (ALR) process through the Texas Department of Public Safety. You have 15 days from the date of arrest to request a hearing and fight the automatic suspension of your driver's license. Miss it, and the suspension takes effect whether or not the criminal case is ever resolved in your favor.
How the Evidence Gets Challenged
The Stop
Officers need reasonable suspicion to pull you over and probable cause to arrest. If the stop wasn't lawful, evidence gathered after it can potentially be suppressed.
Field Sobriety Tests
The standardized tests have to be administered exactly as trained. Poor lighting, uneven surfaces, medical conditions, and officer error all affect reliability.
Breath & Blood Results
Intoxilyzer calibration records, maintenance logs, and lab chain-of-custody paperwork are all fair game — and often reveal problems the State would rather not discuss.
Frequently Asked Questions
Will I automatically lose my license after a DWI arrest?
Not automatically, but the clock starts immediately. You have 15 days from the arrest date to request an ALR hearing. Miss that deadline and the suspension takes effect by default, separate from the criminal case itself.
Do I have to take a breath or blood test?
Texas's implied consent law allows you to refuse, though refusal carries its own administrative consequences, and officers can often seek a warrant for a blood draw.
Can a DWI actually be dismissed in Travis County?
Yes. Cases are frequently won or reduced by challenging the stop, the field sobriety testing, and the breath or blood evidence before trial is ever on the table.
What's the difference between a 1st, 2nd, and 3rd DWI?
A first is generally a Class B misdemeanor. A second is a Class A misdemeanor with mandatory minimum jail time. A third is a third-degree felony punishable by 2 to 10 years in prison.
How much does a DWI lawyer cost in Austin?
It depends on the charge level and whether the case is likely headed to trial. Call 512-827-7767 for a straight answer on your specific situation.