What happens if I get arrested for DWI in Austin?

When arrested for DWI in Austin, your vehicle will likely be impounded after the officer confirms you were driving while intoxicated. You'll be taken into custody, booked, and given an option to post bail. Your driver's license will be temporarily suspended until a ruling is made. Most importantly, you have only 15 days from your arrest date to request an ALR (Administrative License Revocation) hearing to prevent automatic license suspension.

What is the 15-day deadline for DWI in Texas?

In Texas, you have only 15 days from the date of your arrest or notice from DPS to request an Administrative License Revocation (ALR) hearing. This hearing is separate from your criminal case and determines whether your driver's license will be suspended. Missing this deadline results in automatic license suspension for up to 90 days or longer, depending on circumstances and prior convictions.

Can I get deferred adjudication for a DWI in Texas?

Yes, under House Bill 3582, first-time DWI offenders in Texas may be eligible for deferred adjudication. This alternative allows you to plead guilty or no contest in exchange for the judge deferring the determination of guilt. If you successfully complete all probationary conditions, your charges may be dismissed and potentially expunged from your criminal record. However, this law is not retroactive and doesn't apply if you completed probation before the law's enactment.

What are the penalties for a DWI conviction in Texas?

DWI penalties in Texas vary based on severity of the offense, BAC level, prior convictions, and whether anyone was injured:

• First offense: Fines up to $2,000, jail time 3-180 days, license suspension up to 1 year
• Second offense: Fines up to $4,000, jail time 30 days to 1 year, license suspension up to 2 years
• Third offense (felony): Fines up to $10,000, prison time 2-10 years

Additional penalties may include ignition interlock device installation, mandatory alcohol education programs, community service, and dramatically increased insurance rates.

Is a DWI a misdemeanor or felony in Texas?

A DWI can be either a misdemeanor or felony in Texas, depending on circumstances. A first offense is typically a Class B misdemeanor. A second DWI is a Class A misdemeanor. However, a third DWI offense is automatically a third-degree felony. DWI also becomes a felony if it involves intoxication assault (causing serious bodily injury) or intoxication manslaughter (causing death).

Can I refuse a breathalyzer test in Texas?

Yes, you can refuse a breathalyzer test in Texas, but there are consequences. Under Texas's implied consent law, refusing a breath or blood test results in automatic license suspension for 180 days for a first refusal, and two years for subsequent refusals. However, refusal also means the prosecution has no BAC evidence to use against you in court, which can sometimes strengthen your defense strategy.

Will I lose my driver's license forever after a DWI?

License revocation or suspension depends on Texas state laws and the severity of your DWI offense. First-time offenders are unlikely to lose their license permanently. However, if you have multiple DWI convictions, you may face longer suspension periods or, in extreme cases, permanent revocation. An experienced DWI attorney can help you navigate the ALR hearing process and fight to preserve your driving privileges.

How do I get my DWI record sealed or expunged in Texas?

Under Texas's Second Chance Law, first-time DWI offenders may petition for nondisclosure, which hides the record from employers, banks, and apartments (though law enforcement can still access it). After a DWI conviction, you can petition for nondisclosure after 2 years if you used an ignition interlock device and followed all probation rules. Without an interlock device, you must wait 5 years. Note that nondisclosure is different from expungement—the record is sealed but not completely erased.

How much does a DWI lawyer cost in Austin?

DWI attorney fees in Austin typically range from $2,500 to $15,000 or more depending on complexity. Simple plea bargain cases may cost $2,500-$5,000, while contested trials often run $7,500-$15,000+. Felony DWI cases and those involving injuries or multiple offenses generally cost more. Many Austin DWI attorneys offer free consultations and payment plans.

What should I do immediately after a DWI arrest in Austin?

Immediately after a DWI arrest in Austin:

1. Request an ALR hearing within 15 days to protect your license
2. Document everything you remember about the traffic stop and arrest
3. Do not discuss your case with anyone except your attorney
4. Contact an experienced Austin DWI lawyer as soon as possible
5. Gather any evidence that might help your case (witness info, video footage)

Time is critical—the 15-day ALR deadline is absolute and missing it results in automatic suspension.

Can a DWI charge be reduced or dismissed in Texas?

Yes, DWI charges in Texas can sometimes be reduced or dismissed through various defense strategies. Common grounds for reduction or dismissal include:

• Improper traffic stop without reasonable suspicion
• Faulty breathalyzer calibration or administration
• Violation of your constitutional rights
• Lack of probable cause for arrest
• Rising blood alcohol content (BAC below legal limit while driving)

An experienced Austin DWI attorney can evaluate your case and identify the best defense strategy.

How does a DWI affect my car insurance in Texas?

A DWI conviction in Texas significantly increases car insurance premiums. Your insurer will likely label you as a high-risk driver and may raise your rates by 50-100% or more. Some insurance companies may cancel your policy entirely, forcing you to obtain SR-22 insurance (proof of financial responsibility). These increased rates typically last for 3-5 years. The total financial impact of a DWI, including increased insurance costs over time, can exceed $15,000-$20,000.

Legal Disclaimer: This information is provided for educational purposes and does not constitute legal advice. DWI cases are fact-specific and consequences vary. Consult with a licensed Texas criminal defense attorney about your specific situation. The 15-day ALR deadline is absolute—missing it results in automatic suspension.

Need Help with a DWI Charge in Austin?

Don't wait—the 15-day deadline to request an ALR hearing is critical. Contact RRK Law at 512-436-2779 for a free consultation. R. Kiesling has defended over 100 cases in Travis County courts and knows exactly how to protect your rights.

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