Award Winning DWI Lawyer in Austin, TX
Charged with a DWI in Austin? Michael & Associates will work to get your DWI dismissed!
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Ben Michael aka Mr. Dismissal
Award Winning DWI Attorney
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Ranked Texas DWI Lawyer0%
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Stars on ThumbtackThe Consequences of a DWI Conviction in Austin Are Severe
Due to our vast experience in the Austin area, we've never once had a client experience the full consequences. Our #1 goal is a dismissal!
The Michael & Associates Difference
Happy Clients All Over Austin
"Ben Michael is an incredible man and an even better attorney. I hired him after a complicated DWI thinking I was doomed for months in jail. He got the charges reduced and I didn't have to do a thing. It was relatively stress-free and I'll never drive drunk again. Ben gave me a second chance."
"Excellent service and extremely helpful legal advice. He is very professional and knows what he is doing. He is going above and beyond to dismiss my DWI case. I found hope in the belief that he would guide me to victory. Thanks you so much!"
- Steve B. | Austin, TX
There's a reason why hundreds of clients choose Michael & Associates. Join them today.
Meet Your Austin Defense Attorneys
We don't just hire anyone with a law degree. We strive to hire only the top percentile of attorneys who have a track record of success, and who understand the legal system in Central Texas. Additionally, we've assemble a team with diverse skill-sets so that we can provide an unmatched level of DWI defense, no matter what your circumstances.
Ben Michael
Founding Attorney, Master Negotiator, known as "Mr Dismissal". Winner of 40 under 40, Ranked Top 10 Texas DWI Attorney, and Rated 10/10 by Avvo.
James Fletcher
Leading Expert on Breathalyzers and Blood Tests. Knows more about them than the police or prosecutors. His dog's name is Justice.
Joseph Deeb
Former Austin area prosecutor. Knows the prosecutors and judges. Has been on the other side of countless DWI cases, and knows how they think.
Jason Ferguson
Former Federal Prosecutor and Judge Advocate General in the Military. He's an MMA and barenuckle fighter, and brings that attitude to defending clients.
Bobby Leahy
Has defended DWIs all over Texas. Comfortable in the courtroom, and always ready to do what it takes to win a case.
Ross Menendorp
Over 12 years as a paralegal in the area. Knows more about the local justice system than most attorneys.
Recent Cases in Austin
Case Dismissed
Charge: Driving While Intoxicated
Location: Austin, TX
Allegations: Police pulled client over, alleging that he was swerving between lanes. Client failed sobriety test and was taken to the police station.
Result: Dismissed after motion to suppress illegally obtained evidence.
Charges Reduced
Charge: Driving While Intoxicated, 2nd Offense
Location: Austin, TX
Allegations: Client was pulled over and refused a breathalyzer. Client failed sobriety test and was taken into custody. This was the client's second offense.
Result: Case Pled Down to Reckless Driving
Case Dismissed
Charge: Driving Under the Influence
Location: Austin, TX
Allegations: Client arrested after running a stop sign. Police administered a breathalyzer and blood test.
Result: Case Dismissed
A Complete Guide to Fighting Your DWI in Austin
Life here in Austin is beautiful, but a DWI can very easily ruin it. So we've put together a complete guide on local DWI laws, statistics, and most importantly, how to beat your DWI. Whether you hire us or not, we want you to have the best chance possible of beating your charges and getting on with your life.
Section 1: An Overview of DWI Types in Austin
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 a year in jail, up to a $6,000 fine, 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 extremely high - we are able to dismiss, plea down, get probation and / or get deferred adjudication (probation without conviction) for the majority of clients. But you need an attorney that 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 find 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 - eleven 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 that 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 requires 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 can rest assured 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 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 Conclusion:
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 & reductions.
"Ben Michael is an incredible man and an even better attorney. I hired him after a complicated DWI thinking I was doomed for months in jail. He got the charges reduced and I didn't have to do a thing. It was relatively stress-free and I'll never drive drunk again. Ben gave me a second chance."
Section 2: How a DWI Conviction Affects Your Driver’s License
In addition to the criminal penalties, a DWI conviction can inhibit or eliminate your ability to drive. As previously mentioned, the Texas Department of Safety will automatically suspend you driver’s license after arrest, unless you file for an ALR hearing. And if you lose that hearing, your license will be suspended.
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.
How Michael and Associates Keeps you on the Road
If it’s been 15 days or less since the arrest, we will immediately file for an ALR hearing. This gives you some breathing room, as you can keep driving until this hearing occurs.
We attend the hearing for you - no need to do anything. The hearing is with us and an officer, and we will do our very best to win the hearing. After the hearing, it takes a few days to get the results.
It’s likely that the hearing will not go in your favor, but 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.
In Conclusion:
At first glance, losing your driver's license is scary. But we are always able to keep clients on the road one way or another. Though an Occupational Driver's License often means only being able to drive for work, we almost always are able to get you the ability to drive anywhere, anytime.
"This is a great attorney. Not only educated in his craft, but also works with you. Great service, communicates so well on what is expected of you to get the best results. Hopefully I never need another DWI attorney but if I do I'll be calling Ben again and again. If you're in need of an aggressive, intelligent, and diligent attorney to handle your business I'd go with Ben."
Section 3: Austin DWI Statistics: Outcomes & Sentencing
A DWI has more consequences other than the jail time, fines and license suspension.
Case Outcome and Sentencing in Austin
In the table below, you can see a distribution for the three main types of DWIs in Travis County in the past year. This data comes from Travis County - not our clients.
| Dismissal | 77% | 27% | 7% |
| Convicted - Guilty or Nolo | 16% | 63% | 66% |
| Deferred Adjudication | 4% | 5% | 2% |
| Motions to Revoke Granted / Revoked | 1% | 3% | 5% |
| Motions to Revoke Denied / Continued | 1% | 3% | 21% |
| Other | 0% | 0% | 0% |
| Acquittal by Court | 0% | 0% | 0% |
| Acquittal by Jury | 0% | 0% | 0% |
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 important 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. Deferred adjudication is highly unlikely, with under 2% receiving this outcome.
Case Outcome and Sentencing in Austin
If convicted, you will receive a sentence. Below shows the distribution of sentence types for DWI convictions last year.
| Probation/Community Supervision | 17% | 17% | 51% |
| Commited to Local Jail | 83% | 45% | 12% |
| Commited Directly to State Prison | 0% | 0% | 5% |
First Time DWI: Though only 16% of First Time DWIs receive a conviction, 83% of 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 resulting 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 annual cost of auto insurance is $1,037, an increase of $317. This can vary by age, gender, and other factors, which can be seen in the tables below.
Breakdown by Gender
| Without DWI Conviction | $720 | $720 |
| With DWI Conviction | $1,037 | $1,037 |
| Increase | $317 | $317 |
Breakdown by Age
| Without DWI Conviction | $1,092 | $660 | $624 | $588 | $552 | $576 |
| With DWI Conviction | $1,572 | $950 | $899 | $847 | $795 | $829 |
| Increase | $480 | $290 | $275 | $259 | $243 | $253 |
Other Consequences of a DWI
- Employer Background Checks: A DWI conviction will go on your permanent record and show 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.
In Conclusion:
The statistics show a wide variety of outcomes, from dismissal to jail time. Don't become a statistic - hire a competent attorney and your chances of getting a great outcome go way up.
Section 4: 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. So don’t skimp out on hiring defense counsel - you get what you pay for.
In Conclusion:
Hire the best attorney you can afford. The costs of a bad outcome far outweigh the premium that an A+ attorney will charge.
Section 5: Beating Your DWI - The Michael & Associates Approach
Beating a DWI is possible - in fact our attorneys have done it hundreds of times. With Michael & Associates, you don’t just get one lawyer - you get the full force of the firm. Think of us the Dream Team of DWI Defense. With decades of experience on both the defense and the prosecution side, we are well equipped to get you the best outcome possible.
Even if you took a breathalyzer or blood test, you still have a good chance of getting a great outcome with us.
We’ll start with the ALR hearing to keep your license, and if that’s not an option, we will file to get you an ODL so that you can stay on the road.
If you have bond conditions, we will fight to reduce them. And then we’ll start assembling a strong defense strategy.
A big part of this is reviewing the evidence, which includes all written records and watching all the body cam footage from the arrest. We’ll ask you to walk through your side of the story as well. Each step along the way, we will be looking for holes in the prosecution’s case. Was the arrest done properly? Was the breathalyzer test done correctly? Did the cops do the sobriety test the right way? Remember, it’s on the prosecutors to prove guilt beyond a reasonable doubt - all we need is enough reasonable doubt.
From there, we will negotiate hard with the prosecutors in order to get the best outcome possible. Our lawyers have been practicing law in and around Austin, so we know what to expect. Most DWIs result in some sort of deal before trial, but we are always prepared to take your case all the way to trial if you want us to.
With Michael & Associates, you’ve got a great shot at getting a great outcome
In Conclusion:
DWIs can be beat in many ways, and our playbook shows this. You want to use every single tool at your disposal to beat your charges.
Section 6: Frequently Asked Questions
Does a DWI go on my permanent record? Can it be expunged?
If convicted, a DWI does go on your permanent record. Our goal is always to get a DWI dismissed. For first time DWIs, deferred adjudication is an option, which involves a probationary period. Assuming certain conditions are met, your record can be sealed so that the DWI does not appear on background checks.
What should I expect after a DWI arrest?
The process for resolving a DWI arrest is long. It’s important you file for an ALR hearing to avoid an automatic license suspension. Within 30 days, you will typically have to appear in court. Do not miss a court date, or you risk additional charges.
Can I drink on a DWI bond in Travis County?
Short answer is no. You cannot drink while on bond for DWI, even if you are over 21 years of age.
How long do they have to charge me with a DWI?
The statute of limitations on DWI is 2 years here in Austin, though most charges happen immediately after the arrest.
How likely is jail time for a first time DWI?
Jail time is possible for a first time DWI conviction. However, we cannot think of a single time one of our clients has served time in jail for a first time DWI (assuming no enhanced charges).
How long does it take to resolve a DWI case?
On average, it takes us 10 months to resolve a DWI case. We know that this is extremely stressful, so we try and move the case along as quickly as possible. Unfortunately, the court system is slow and bureaucratic. It can take months just to get discovery, and also months to negotiate with the prosecutors. Rest assured that we want to put this behind you as quickly as possible.
How much is bail for a DWI in Austin?
Bail for a DWI rarely exceeds $5,000 for a first time offender. For subsequent offenses, it can be more. At the end of the day, it’s up to the judge. In many cases, when the bond is unfair, we will fight to have your bond reduced.
What if a friend is in jail for DWI?
You can always check the Travis County Sheriff’s office website or call (512) 854-9770 to see if someone has been arrested for DWI. If they are in jail, the best thing to do is to call us ASAP - often we can get them out faster and cheaper than without an attorney.
In Conclusion:
Hopefully we've given you helpful information about DWIs in Austin. Should you have any additional questions, do not hesitate to call us. Our case reviews are free, and we are happy to provide insight whether you hire us or not.
"Words cannot convey my gratitude to Bobby Leahey and the team at Michael & Associates.
I called for a consultation at the end of January, after my previous lawyer sat on my case for 19 months without any progress whatsoever, eventually resorting to simply ignoring my calls and emails.
From my initial call with Ben, where he put me at ease and asked more questions than my previous attorney did in those 19 months, to all subsequent interactions with Bobby, Senior Trial Attorney at Michael & Associates, I was treated with care, respect, and a shared sense of urgency in my case. I felt a burden being lifted off my shoulders. I no longer felt alone. Someone was listening and properly communicating all of the evidence I had in my defense.
Not only did Bobby keep me in the loop on his plans, he explained the ‘why’, going as far as to explain legal doctrines and principles. And guess what? His plan works. I officially retained Michael and Associates on February 1st, and now, 48 days later, am hearing that my case will be dismissed. I broke down and cried when he called to let me know.
If you see this review and feel like you are being railroaded by your lawyer, drop them and retain Michael & Associates. It will be the best decision you could possibly make in the circumstances. Thank you Michael & Associates, I will forever be grateful."
Helpful Locations for Austin Residents
Austin Courthouse
(512) 974-4800
6800 Burleson Rd Building 310, Suite 175
Austin, TX 78744
austintexas.gov
Austin Police Department
(512) 974-5000
715 E 8th St
Austin, TX 78701
austintexas.gov
Alcohol Treatment Facility
(844) 394-2593
1524 S I-35 Frontage Rd Unit 201
Austin, TX 78704
infiniterecovery.com
Department of Motor Vehicles
(512) 465-3000
4000 Jackson Ave
Austin, TX 78731
txdmv.gov