Getting arrested for a first DWI in Austin is disorienting. The legal process starts before you fully understand what happened. Austin Police Department and the Travis County District Attorney's Office handle thousands of DWI cases each year — they have a system, and navigating it without an attorney puts you at a structural disadvantage.
A first-offense DWI in Texas is charged as a Class B misdemeanor when your blood alcohol concentration is below 0.15. The potential consequences include a fine of up to $2,000, jail time ranging from 72 hours to 180 days, and a license suspension of 90 days to one year. There is also a Driver Responsibility Program surcharge — $1,000 per year for three years if your BAC was 0.08–0.149, or $2,000 per year if 0.15 or above. These surcharges are separate from court fines and are levied directly by the Texas Department of Public Safety.
The license suspension process runs on a separate track from the criminal case. When arrested for DWI in Texas, you have 15 days to request an Administrative License Revocation (ALR) hearing to contest the suspension. Miss that window and the suspension becomes automatic. Criminal defense attorneys who practice DWI law handle ALR hearings routinely — this is a deadline that cannot be missed.
Austin DWI cases often turn on the procedural details of the stop and the arrest. Was the initial traffic stop supported by reasonable suspicion? Was the field sobriety testing administered according to NHTSA standards? Was the breathalyzer or blood test properly conducted and calibrated? Were there health conditions, medications, or other factors that could affect BAC readings? These are the questions an experienced DWI defense attorney evaluates immediately after reviewing the arrest records and dashcam footage.
Texas does not allow deferred adjudication for most DWI charges — this is a meaningful distinction from other misdemeanors, where defendants can complete probation and avoid a conviction on their record. For DWI, most outcomes are either a conviction (including reduced charges like obstruction of highway), a dismissal, or an acquittal. The path to the best outcome depends heavily on the specific facts of your case and the attorney who knows how to present them in Travis County courts.
We connect Austin residents charged with first-offense DWI with criminal defense attorneys who focus on DWI defense in Travis County. They know the local prosecutors, the local judges, and the procedural patterns that affect outcomes in these cases. There is no fee to request a connection — and most DWI defense attorneys offer a free initial consultation.
What You Need to Know
Key Facts About This Case Type
15-day ALR hearing deadline
You have 15 days from arrest to request an ALR hearing to contest your license suspension. Miss this deadline and the suspension becomes automatic. This is not related to the criminal case — it runs on a parallel track.
Class B misdemeanor at .08–.14 BAC
A first DWI is a Class B misdemeanor at standard BAC levels. At 0.15 or above, it upgrades to a Class A misdemeanor with higher potential fines and jail time. The classification affects your options.
No deferred adjudication for most DWIs
Unlike most Texas misdemeanors, DWI typically cannot be resolved through deferred adjudication. This means a guilty plea results in a conviction on your record — making an aggressive early defense even more critical.
Dashcam and bodycam footage matters
Most Travis County DWI arrests generate video from dashcams and body-worn cameras. This footage is discoverable. An attorney reviews it for procedural violations, improper sobriety test administration, and inconsistencies with the arrest report.
Common Questions
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