A Travis County DWI lawyer handles cases that move on two parallel tracks at the same time: the criminal case in court and the administrative license suspension. RRK Law takes urgent calls from people who have just been arrested for driving while intoxicated, are about to bond out, or are facing an upcoming first court setting. The choices made in the first 15 days after a DWI arrest matter more than the choices made later.
DWI cases typically begin with a traffic stop, a Standardized Field Sobriety Test, a portable breath test, and then either a breath test on the Intoxilyzer or a blood draw under warrant. Each step has procedural rules that may have been followed or not. Early counsel preserves the ability to challenge each step at a motion to suppress.
Nothing on this page is legal advice. The strength of any DWI defense depends on the specific facts: the reason for the stop, the field sobriety testing, the test results, the chain of custody, and what was said at each step.
Need help now? Call RRK Law: (512) 436-2779 — free consultation for Austin, Travis County, and Williamson County.
The first 15 days after a Travis County DWI arrest
Texas Transportation Code Chapter 524 (failure — a breath or blood specimen with an alcohol concentration of 0.08 or higher) and Chapter 724 (refusal — declining to provide a specimen under Texas implied consent law) set up an administrative license revocation (ALR) process that runs separately from the criminal case. After a DWI arrest involving a refused or failed breath or blood test, the driver generally has 15 days from notice to request an ALR hearing. Missing the request results in automatic suspension without a hearing.
The ALR hearing itself happens before a State Office of Administrative Hearings (SOAH) administrative law judge. It is a contested hearing with cross-examination of the arresting officer and the chance to challenge the basis for the stop and the breath or blood test. Even when the suspension itself is upheld, the hearing creates a sworn record from the officer that can be useful at the criminal motion to suppress.
Setting up an Occupational Driver's License (ODL) under Transportation Code Chapter 521 can preserve driving privileges for work, school, and essential needs while the case is pending. The procedure requires filing a petition in a court of jurisdiction and meeting specific statutory requirements.
Bond, conditions, and the first criminal setting in Travis County
After booking at the Travis County jail in downtown Austin, the magistration process sets bond and conditions. Common DWI conditions include an interlock device, alcohol monitoring (often through SCRAM or similar systems), no-alcohol restrictions, and travel limits. Conditions set at the magistration stage are not impossible to change later, but they are easier to get right the first time.
The first court setting in a Travis County DWI case is usually a brief announcement before the trial court. Travis County felony DWIs are heard in the District Courts at the Travis County Criminal Justice Center in downtown Austin; misdemeanor DWIs are heard in the County Courts at Law. The State will have begun receiving the patrol video, body camera footage, breath or blood test results, and the arresting officer's report. Defense counsel typically files an initial discovery request and any motions to preserve evidence.
Plea negotiations on a first-time DWI in Texas may include offers ranging from straight probation to deferred (where allowed) to reductions where the facts justify them. A negotiated outcome should be evaluated against the realistic risk at trial, which depends on the strength of the stop, the field sobriety evidence, the breath or blood test, and any procedural problems.
Evidence that drives DWI outcomes
Patrol-car dash camera footage and body camera footage usually capture the stop, the field sobriety testing, the arrest, and (sometimes) the breath test. Officers' on-scene statements and the defendant's on-scene statements are recorded. Discovery requests should be made early before any retention purges affect availability.
Breath test results require careful examination of the Intoxilyzer maintenance records, calibration data, and the operator's certification. Texas Administrative Code Title 37 governs the technical and administrative supervision of breath alcohol testing. Defects in any of these can affect admissibility.
Blood draw cases require a warrant or another lawful basis under the Fourth Amendment and Texas law. Chain of custody of the sample, the qualifications of the person who drew the blood, and the testing protocol at the lab all matter. Mistakes in any link of the chain can affect the weight or admissibility of the result.
Texas DWI punishment ranges
A first DWI in Texas is generally a Class B misdemeanor punishable by up to 180 days in county jail and a fine up to $2,000 under Texas Penal Code Chapter 49. With a blood alcohol concentration of 0.15 or more, the offense is enhanced to a Class A misdemeanor with up to one year in jail and a fine up to $4,000. A DWI with a child passenger is a state jail felony.
A second DWI is a Class A misdemeanor. A third or subsequent DWI is a third-degree felony, with a punishment range of 2 to 10 years in prison and a fine up to $10,000. Prior convictions used to enhance must meet statutory requirements.
Driver's license suspensions, mandatory minimum jail terms in some scenarios, and ignition interlock requirements may also apply depending on the specifics. Texas Transportation Code Chapter 521 and Penal Code Chapter 49 set out the framework.
How RRK Law handles a Travis County DWI
Call (512) 436-2779 as soon as possible after a Travis County DWI arrest. The first call is to confirm bond, conditions, and the first court setting; identify the 15-day ALR deadline; and start the document set the defense will need.
The intake typically gathers the magistrate's order, any inventory of seized property, the breath or blood test results if available, and the arresting officer's incident number. Discovery and preservation requests follow.
The strategy on any DWI case depends on the stop, the field sobriety testing, and the breath or blood evidence. Some cases are best resolved through negotiation; others are best resolved by motion to suppress or by trial. The case-by-case answer comes from looking at the actual record, not from generic projections.
What is the 15-day ALR deadline after a Travis County DWI?
Texas Transportation Code Chapters 524 and 724 generally give a driver 15 days from notice of an administrative license suspension to request a hearing. Missing the request means automatic suspension without a hearing. The ALR hearing happens before the State Office of Administrative Hearings and is separate from the criminal case.
Can I still drive after a Texas DWI arrest while the case is pending?
Sometimes. If the ALR hearing was timely requested and not yet resolved, the license usually stays valid until the hearing decision. After a suspension, an Occupational Driver's License under Transportation Code Chapter 521 can preserve driving for work, school, and essential needs subject to court-approved terms.
Is a first-time DWI in Travis County always a jail sentence?
Not necessarily. A first DWI in Texas is generally a Class B misdemeanor punishable by up to 180 days in county jail and a fine up to $2,000, but many first-time outcomes involve probation, conditions, and treatment rather than jail. The realistic range depends on the BAC, the facts of the stop, prior history, and local prosecutor practices.
Should I take the breath or blood test if I get stopped again?
This is a question best answered before a stop, not during one. Texas implied consent law and the consequences of refusal are layered, and the right choice depends on the situation. A short conversation with counsel before any future encounter is more useful than a guess in the moment.
Are these calls confidential even if I do not hire the firm?
Yes. Communications with a lawyer for the purpose of obtaining legal advice are protected by the attorney-client privilege under Texas Rule of Evidence 503, and that protection generally applies to initial consultations whether or not the client retains the firm. Do not include third parties in the call (other than co-clients) because the presence of an outsider can waive the privilege.
Related RRK Law resources
Need a Texas attorney for this issue?
The Law Offices of RRK, LLC represents Austin and Central Texas clients on personal injury, family law, and criminal defense matters. Free consultations. Call (512) 436-2779 or visit rrklawoffice.com.