Award-Winning DWI Attorney in Austin, TX

What Constitutes Driving While Intoxicated?

As defined in Texas Penal Code § 49.04, you can be convicted Driving While Intoxicated if you are “intoxicated while operating a motor vehicle in a public place.” In Texas, you are considered intoxicated if you do not have normal control of your mental and / or physical facilities due to the influence of Drugs and / or Alcohol.

Most DWI cases are alcohol related, and the legal limit for Blood Alcohol Concentration is 0.08 or higher. Usually this is tested by blood or breathalyzer, but even if you are not tested or your test is below the legal limit, you can still be arrested or charged.

You do have the right to refuse a breathalyzer or blood test, unless there is a court order compelling you to take the test. However, your license will be suspended if you do so.

Types of DWI Charges and Sentencing Guidelines

It’s important to understand the various types of DWI charges in Texas.  Each one has its own penalties and punishments.  Additionally, prosecutors and courts will treat different types with different levels of scrutiny.

First Time

First-time DWI convictions carry penalties of up to one year in jail, a fine of up to $6,000, license suspension, and a permanent conviction. Sentencing can vary and go up from here based on prior records and also aggravating factors.

Fortunately, our success rate on first-time DWIs is exceptionally high – we can dismiss, plea down, obtain probation, and/or secure deferred adjudication (probation without conviction) for the majority of our clients.  But you need an attorney who knows the game.

Additionally, there are ways to have your record sealed and deleted for a first-time DWI if your case is handled well.

Second Time

A second DWI is much more severe than the first. In Austin, the second DWI offense is a Class A misdemeanor with a $6,000 fine and a maximum jail sentence of one year. A conviction is permanent and requires a minimum 3-day sentence in a Travis County jail – even if you get probation. Probation is a max of 24 months.

2nd DWI convictions go on your permanent record and have no chance of deferred adjudication.

It’s worth noting – even if your first DWI was dismissed, you can still be charged with DWI 2nd.

Travis and Williamson County courts do not look favorably on 2nd DWI cases, so you need an attorney who is going to fight hard. The only ways out are acquittal or dismissal.

3rd+ Time

In Austin, a 3rd+ DWI is a felony and can result in up to 10 years in a Texas Department of Criminal Justice penitentiary – that’s prison, not county jail.  The minimum sentence is 10 days in jail, and fines can be as high as $10,000.

Even if one of your prior DWIs received deferred adjudication and you only have one conviction, you can still be charged with 3rd+ DWI.

3rd+ DWIs can be beaten, but require an experienced attorney who will review every detail of your case and mount an aggressive defense.  At Michael & Associates, you get the DWI defense dream team, and you can rest assured that we will fight to get you the best outcome possible.

Additional DWI Charges and Enhancements

Additionally, there are what are known as DWI enhancements – factors that can result in more severe penalties.  Some are as follows:

• DWI .15+: This charge happens if you blew .15 BAC or higher.  It’s a Class A misdemeanor, and convictions are permanent.
• DWI with an Open Container: This happens if you are pulled over with an open container of alcohol. Convictions require a minimum 6-day jail sentence.
• DWI with Child Passenger: This is a felony and can result in a prison sentence of up to 24 months.

In addition to the criminal penalties, a DWI conviction can inhibit or eliminate your ability to drive.  As previously mentioned, the Texas Department of Public Safety will automatically suspend your driver’s license after an arrest, unless you file for an ALR hearing.  And if you lose that hearing, your license will be suspended.

Impact of a DWI on your Driver’s License

Typically, the suspension is between 90 and 180 days after an arrest.  If you have a commercial driver’s license, you will likely receive a longer suspension.

If it’s been 15 days or less since the arrest, we will immediately file for an Administrative License Review (ALR) hearing.  This gives you some breathing room, as you can keep driving until this hearing occurs. An ALR hearing is an administrative hearing, not a criminal hearing. It’s where a DPS official decides whether you get to keep your driver’s license or not.

We will attend the hearing for you – no need to take any action.  The hearing is with us and an officer, and we will do our very best to win the hearing.  In fact, we have two ALR specialists – they do nothing but fight ALR hearings, and due to their focus, are some of the best in the state at winning.

There is another essential part of the ALR hearing: this gives us the chance to cross-examine the officer and use his or her testimony in your case. Often, we will learn something about the case that provides us with an edge when it comes to fighting the criminal charges.

After the hearing, it takes a few days to get the results.

Likely, the hearing will not go in your favor, but there’s no need to fret. If you lose the ALR hearing, which unfortunately is common, we will file for an Occupational Driver’s License.  This is the only way to legally drive with a suspended license.

We’re proud to say that we can’t recall a single instance where a defendant was unable to continue driving after being charged with a DWI.

In summary, DWI consequences can be severe if not handled properly. But, breathe a sigh of relief – at Michael & Associates, we never expect clients to get anywhere near the maximum penalties, and have a great success rate at getting dismissals and reductions.

Actual DWI Case Outcomes and Penalties

Though the penalties certainly sound scary, the reality is that the actual case outcomes are far less severe than you might think.

This is because the justice system in Austin, at least most of the time, is a bargaining system. In reality, most individuals who hire a competent DWI attorney will ultimately achieve a significantly better outcome.

Case Outcomes in Austin

The first thing to understand about a DWI charge is the case outcome. Most cases don’t end up going to trial – instead an outcome gets worked out with the prosecutor.

You can see the data from Travis County DWI charges below.

DWI Outcomes in Travis County

First-Time DWI: The most common outcome is dismissal, accounting for roughly 77% of outcomes. followed by conviction. Approximately 4% receive deferred adjudication.

Second-Time DWI: A majority of second-time DWI offenders receive a conviction, so it’s vital to hire an attorney for the best chance of keeping your record clean. Only 4.7% of defendants receive deferred adjudication.

Felony DWI: Over 60% of defendants receive a conviction, which can result in jail time or other severe penalties. Deferred adjudication is highly unlikely, with under 2% receiving this outcome.

Conviction Sentences in Austin

If convicted, you will receive a sentence. Below shows the distribution of sentence types for DWI convictions last year in Travis County:

DWI Conviction Statistics in Travis County

First-Time DWI: Though only 16% of first-time DWIs receive a conviction, 83% of these convictions result in a sentencing to local jail time.

Second-Time DWI: The most likely outcome of a 2nd DWI conviction is jail time, with 72% of cases receiving this outcome. Only 28% of convictions result in Probation or Community Supervision.

Felony DWI: It may seem surprising that only 25% of Felony convictions result in jail or prison time. However this is misleading, since the majority of Felony DWI cases result in convictions, whereas misdemeanors have a lower conviction rate.

How a DWI Conviction Affects Auto Insurance Rates

A DWI conviction will most likely increase your auto insurance rates. In Austin, the average annual cost of car insurance is $720. For drivers with DWI convictions, the average yearly cost of auto insurance is $1,037, an increase of $317.  This can vary by age, gender, and other factors, as shown in the tables below.

Breakdown by Gender

Insurance Rates in Austin, TX, with and without a DWI Conviction by Gender

Breakdown by Age

Insurance Rates in Austin, TX, with and without a DWI Conviction by Age

Other Consequences of a DWI

• Employer Background Checks: A DWI conviction will remain on your permanent record and be visible on any employer background check.  Employers can refuse to hire you based on this.
• Commercial Drivers License Restrictions: You may lose the ability to drive for a living.
• Auto Insurance Rates: Car insurance is, on average, 40% more expensive for those with DWI convictions.
• Gun Ownership: A felony DWI conviction in Austin will prevent you from being able to own a firearm.  Additionally, some probation requirements might restrict gun ownership.
• Cost of Ignition Interlock Devices: Probation may require you to purchase a device that makes you blow into a breathalyzer in order to start your car.

Bottom line is that a DWI conviction is expensive.  So again, whether you hire us or someone else, make sure you hire the best attorney that you can afford.

Do I Need to Hire an Attorney?

Before we jump into the ins and outs of a DWI, the question you have on your mind is likely “do I need a lawyer for this?”  While we can’t speak for you, the data is clear: a strong defense attorney with experience in fighting DWIs will almost always get you a better outcome.

If it’s your second or third DWI, or your DWI comes with enhanced charges, you’d be a fool to not hire an attorney.  The cost of a DWI conviction is immense is immense, not only financially, but considering the potential loss of employment, loss of driving privileges, jail time, criminal record and even insurance…well a top-notch attorney is a bargain.

Additionally, don’t skimp on costs and definitely don’t go with a public defender. You want a defense attorney that knows the prosecutors, knows the judges, and has experience with these types of cases.  You want them to review every word of every document, and review all the evidence in meticulous detail – these things cost money.

As described in the previous section, a conviction is exceptionally costly.

So don’t skimp out on hiring defense counsel – you get what you pay for.