Austin DWI Attorneys at RRK Law focus on DWI, DUI, BWI & DUI cases throughout the greater metro area. With our law firm based in Austin, we mostly serve Travis and Williamson Counties. We are honored to provide legal representation to the people of Austin. To demonstrate our commitment to fellow Austinites, Austin Monthly Magazine has recognized RRK Law as one of the leading criminal defense attorneys in Austin for consecutive years.
Our first goal in any DWI case is a dismissal of your entire case. As the facts of each case determine their outcome, it is important that our criminal defense attorneys understand the details of your matter. Reach out to us today for a free consultation and speak with one of our Austin DWI lawyers about your DWI charge.
What Constitutes As Driving While Intoxicated in Texas?
According to Texas law, a person is considered intoxicated if they have consumed drugs or alcohol that has impaired their normal mental and/or bodily functions. If a person's blood alcohol concentration is 0.08 or higher, they are considered intoxicated.
The tests and instruments used to detect intoxication in a DWI charge give an experienced Austin DWI attorney wide latitude for arguing and negotiating when it comes to a dismissal or a reduction of charges, probation/sentencing in your case.
From blood draws field sobriety tests, and breathalyzer results. The evidence that is marshaled in any given DWI case can be hundreds, if not thousands of pages to validate DWI testing. Another fact and essential reason to hire an Austin DWI lawyer to handle your case. Without expert guidance, you will not know if the offer you are given is good, or whether you should take the offer at all based on the evidence.
Probable Cause & DWI Arrest in Texas
Probable Cause is a legal justification that allows police officers to use their authority for DWI arrests (and arrests in general). It plays a significant role in criminal prosecutions, as officers must demonstrate probable cause before detaining someone.
When making a DWI arrest, it's crucial for the police to follow the law. Police officers have specific powers related to their duties, such as being able to pull over drivers. They can't just arrest whoever they want.
While the definition of probable cause is not usually in dispute, a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed, the facts surrounding it always play a factor in interpreting Texas DWI law. Usually, the interpretation of the officer will vary from the criminal defense attorney.
What is the difference between a DUI and a DWI?
In Texas, there are legal differences between DWI and DUI, which many people confuse. DUI is a crime that applies to minors driving under the influence of alcohol, which is illegal for them. No jail time can be assessed.
However, even if a minor's blood alcohol level is below 0.08, they can still face DUI charges. DUI can result in serious criminal consequences, even if the offense is less severe than a DWI. However, if the minor is over the legal limit, they can still be charged with a DWI.
Whether your child (minor - under 21), is charged with a DWI or DUI, you should consult an experienced DWI attorney because their future could depend on the charge, a reduction, or dismissal thereof.
Types of DWI Offenses in Texas
In Texas, there are different types of offenses for driving while intoxicated (DWI) and the charges could range from misdemeanor to felony, depending on the situation. Your past and blood alcohol concentration (BAC) levels determine the type of charge you may face.
Let's examine each DWI charge type in detail. Note: the below DWI charges exclude other felony classifications that fall under other categories for indictment purposes, such as:
- DWI with a child passenger in the car
- Intoxication assault
- Intoxication manslaughter
- 2 or more prior DWI convictions
Definition and Penalties for Class A DWI Charges
A Class A DWI charge is a more serious offense compared to a Class B charge. This means that the accused may have a history of similar offenses or that there is strong evidence against them that their BAC is high enough to enhance them - based on the results of sobriety tests. So, if a person is facing a Class A DWI charge, it could indicate the aforementioned circumstances.
If you have been charged with a Class A DWI offense in Texas and have no other prior conviction of DWI or DUI in Texas or any other state, you could face any or all of the following punishments if found guilty:
- Up to one year in jail
- A maximum fine of $4,000
- Up to two years of probation
Definition and Penalties for Class B DWI Charges
Class B DWI offenses are less severe than those of Class A, as evidenced by the definition and penalties shown below. If the below applies, you will be charged with a Class B misdemeanor DWI offense:
- You do not have a previous conviction for DWI or DUI in Texas or any other state.
- There is no sobriety test available BY the State that can prove a BAC level of .15 or higher.
- The sobriety test results are not included in the charges by the State.
The penalties for a Class B DWI offense may include any or all of the following:
- 72 hours to 180 days in jail
- A maximum fine of $2,000
- Up to two years of probation
Multiple Misdemeanors Can Lead to a Felony Charge
If you commit the same offense multiple times, you may face a felony charge instead of a misdemeanor. Felonies carry more severe consequences, such as imprisonment for over a year.
To face felony DWI charges, you need to have previous DWI or DUI convictions in Texas or any other state at least twice. The penalties for felony DWI are harsher than both classes of DWI misdemeanors, and may involve any or all of the following:
- A minimum of 2 years up to 10 years in a state prison
- A maximum fine of $10,000
- Up to 10 years of probation
What happens after a DWI arrest?
If you're caught driving under the influence in Travis County, you'll be taken to the jail located in downtown Austin. Once there, a magistrate will decide whether to grant you a personal recognizance (PR) bond or a surety bond. The decision will be based on your criminal history and the specifics of your case. For more information on bonds, please consult additional resources.
If you are charged with a first or second-offense misdemeanor DWI, you can expect to be released from jail within 24-48 hours. However, upon release, you will be given a set of bond conditions that you must adhere to.
To be eligible for bond, you must meet specific conditions, such as not getting arrested again, showing up to all scheduled court appearances, and completing an alcohol evaluation from Counseling and Education Services (CES).
Sometimes, you may also need to install an Ignition Interlock device in your car, but this is typically only required if you have a high blood alcohol content (BAC), have been involved in a collision, or have a second DWI offense.
Intake/Court Assignment
Your case is currently in the unfiled stage after you paid the bond. In the next few months, intake prosecutors will review your DWI cases and if accepted, it will be randomly assigned to one of the seven-county courts-at-law handling criminal misdemeanor cases.
If you don't have an attorney, you need to attend several court dates while it's unfiled. And if you neglect to hire one, expect resets that could last up to 4-5 months.
Is Your License Suspended Immediately After a DUI?
If you are arrested for a DWI in Texas, your driving permit may be suspended, and you will have a 15-day period to request a hearing. Note, this is a separate process from the criminal investigation for the DWI, and it is important to seek the assistance of a DWI lawyer in Austin for both the civil hearing and the criminal charges. There is a chance your temporary license will be suspended after the hearing. However, we may be able to help you obtain an occupational driver's license so you do not miss work.
Also of note: your license suspension period may not always start 15 days from the time of your arrest. For example. If your blood is taken, the suspension period is usually tolled until the results are returned. Again, intricacies and applications of the law that first-time DWI offenders would not know.
How Long Does a DWI Case Take in TX?
DWI cases in Texas can vary based on factors such as case complexity and court schedule. The duration of the case may take as little as a few weeks from the time of the arrest to the resolution of a charge (not typical). Typically, the trial process begins with a hearing after the arrest. You can reasonably expect your case to take from 90 days to a year, depending on the facts surrounding your case. If convicted, the defendant may receive probation, a prison sentence, a fine, or a combination of all three.
How much will a DWI cost in Texas?
Being charged with a DWI can result in significant financial penalties. Many individuals who commit crimes may not fully understand the costs associated with a conviction. The cost of a DWI conviction varies depending on the individual case. Those who are charged with a DWI must pay the penalties that apply to their specific offense. Contact a DWI Austin lawyer to better understand the cost associated with your individual case.
Can a DWI conviction be expunged in Texas?
It is not possible to remove a DWI conviction in Texas, even if the individual is charged with a lesser offense. However, if a person completes their punishment and has no involvement with alcohol after that, a child may be eligible to have their offense expunged. The only way to remove a DWI conviction is if the arrest was invalid or resulted in an acquittal.
However, you may be eligible to have your record sealed under what is termed, a nondisclosure.
Eligibility for nondisclosures under a DWI arrests
To request the court to not disclose a DWI, certain requirements must be satisfied. These requirements comprise of:
Petitions for non-disclosure regarding DWI-related offenses have waiting periods that must be followed:
If someone has been charged with a DWI, they cannot obtain an order of non-disclosure for the following:
- This was the second or third DWI-related offense;
- The individual’s blood alcohol content was in excess of 0.15;
- The applicable waiting period has not expired; 2 years or 5 years
- As stated, the underlying DWI involved an accident that included another person.
Crimes That Cannot Be Subject To An Order Of Non-Disclosure
Certain misdemeanors related to alcohol cannot be eligible for an order of non-disclosure. Such misdemeanors are those concerning alcohol and are mentioned below:
- Selling alcohol to minors;
- Allowing minors to possess or consume alcohol;
- DWI with a blood alcohol content of 0.15 or higher;
- Flying while intoxicated; and
- Boating while intoxicated.
In addition, criminal offenses that are not related to alcohol cannot be sealed with an order of non-disclosure. These offenses consist of:
- Murder;
- Aggravated kidnapping;
- Abandoning or endangering a child;
- An offense requiring sex offender registration; and
- An offense involving family violence.
RRK Law - your local criminal defense and DWI lawyers
Our law firm focuses on providing legal representation for cases involving criminal offenses and DWI charges in Austin.
To excel as a criminal defense attorney, one needs to possess not only talent and knowledge but also boldness and dedication to fully safeguard a client's rights and secure the best possible outcome for each and every case. The Austin criminal defense lawyers at RRK Law are renowned for their commitment to providing such high-quality legal representation.
Our experienced Austin DWI attorneys are some of the best in the metro area because their primary focus is defending those charged with DWI and other criminal offenses in the ATX. We provide strong representation and are dedicated to achieving success for our clients in and out of court. Call now at 512-436-2779, or message us right away at www.rrklawoffice.com.