Most first-offense DWI cases in Texas are charged as Class B misdemeanors, though a BAC of 0.15 or higher can raise the charge, and certain aggravating circumstances can lead to felony allegations.
For some first-time defendants, there may be opportunities to challenge the stop, testing, or other evidence. In Travis County, some eligible first offenders may also qualify for pretrial diversion, which can allow the case to be resolved without a conviction.
A first DWI also usually triggers a separate ALR license suspension process, with a short deadline to act.
A quick legal review early in the process can help you understand your options. You don’t have to make every decision today, but acting early can make a real difference in the outcome of your case.
What Happens After a DWI Arrest in Travis County
In Travis County, things move very quickly after a DWI arrest. You’ll be taken to jail and have to go through “booking.” This is where you’re fingerprinted and photographed. Police may request a breath test or seek a blood sample, sometimes through a warrant.
Eventually, typically within hours (though timing may vary), you’ll appear before a magistrate, who will set your bail amount. The magistrate may also impose other conditions, including no-alcohol conditions, ignition interlock requirements, reporting conditions, or travel restrictions.
After you’ve posted bond, you’ll be released from custody.
After release, most people are surprised to learn that a Texas DWI usually involves two separate legal processes.
Criminal Case (in Travis County Criminal Courts)
This determines whether you are convicted and what penalties apply.
Driver’s License Case (ALR Hearing)
This separate administrative process determines whether DPS can suspend your license after a refusal or failed chemical test.
An experienced Austin DWI lawyer will help you navigate both tracks.
What is the ALR Hearing in a DWI case?
An ALR hearing is an administrative process run by the Texas Department of Public Safety to decide if your driver’s license should be suspended after a DWI arrest. It’s separate from your criminal case and only looks at your driving privileges, not whether you’re guilty or innocent.
Instead, the hearing focuses on limited issues, including whether the officer had legal grounds for the stop/arrest and whether you refused or failed testing. In most Texas DWI cases, you generally have only 15 days to request an ALR hearing after receiving notice of license suspension.
If your license is suspended through the ALR process, you could face a second suspension later if you’re convicted in your criminal DWI case.
If DPS suspends your license, we may still be able to help you pursue an Occupational Driver’s License (ODL), which can allow limited driving for work, school, and essential household needs.
How to Protect Your CDL – and Your Livelihood
If you have a commercial driver’s license (CDL), a DWI can put your job at risk right away. In Texas, CDL holders face stricter rules, such as a 0.04% BAC limit for commercial vehicles.
Even a DWI in your personal car can mean at least a one-year CDL disqualification, with no occupational license for commercial driving.
At Michael & Associates, we focus on protecting your ability to work. That starts with quickly requesting your ALR hearing and reviewing your traffic stop, testing procedures, and evidence.
When possible, we aim to reduce or dismiss the charge or put your case in the best position for a good outcome. Getting legal help early can make a big difference in whether you keep your CDL and your income.
Typical Timeline of a DWI Case in Travis County
Knowing how the process typically unfolds can help you make smarter decisions early, when the stakes are highest.
Most Travis County DWI cases move through these stages:
The first stages move quickly. After the ALR deadline, the pace usually slows, and many DWI cases take several months to resolve, especially if they involve blood testing, contested evidence, or complex legal issues.
Most first-offense misdemeanor DWI cases are handled in Travis County’s criminal county courts, while felony charges, such as a third DWI or intoxication assault, are handled in district court. Along the way, the court and attorneys may address discovery, suppression motions, forensic evidence, and settlement discussions.
Local experience can make a meaningful difference when it comes to court scheduling, evidentiary challenges, and negotiations with prosecutors.
Blood Draw Warrants in Travis County
In many Texas DWI cases, especially when a driver refuses breath testing, police may seek a warrant for a blood draw. That means refusing a breath test does not necessarily prevent the State from trying to obtain chemical evidence.
Even when police obtain a warrant, the process still has to follow legal and constitutional requirements. Issues involving probable cause, warrant procedures, blood collection methods, chain of custody, and forensic handling can all become important in a DWI defense.
Because blood evidence often plays a major role in Austin DWI prosecutions, these cases should be reviewed carefully and early.
What are the Penalties for a DWI in Texas?
Penalties for a DWI in Texas depend on prior convictions and the facts of the case. A first DWI is usually a Class B misdemeanor punishable by up to 180 days in jail and a license suspension of up to one year. A first offense can also involve up to $3,000 in criminal fines, plus an additional state traffic fine under Transportation Code §709.001.
However, many first-time DWI cases do not result in significant jail sentences, depending on the facts, criminal history, and court involved.
The risk of jail increases if your DWI includes aggravating circumstances, such as a DWI with a child passenger in the vehicle or First DWI with BAC .15+.
A second DWI can result in up to one year in jail and higher fines. A third DWI is a felony and can carry 2 to 10 years in prison and fines up to $10,000.
Additional consequences may include:
- Ignition interlock device (IID) requirements
- Increased insurance costs
- Long-term employment impacts
Additional Penalties for DWI in Travis County
In Austin and across Travis County, several pretrial intervention and diversion programs can offer alternatives to a DWI conviction.
The most important is the DWI Pretrial Diversion (PTD) Program, which allows eligible first-time offenders to complete conditions such as alcohol education, monitoring, community service, and a required Mothers Against Drunk Driving (MADD) Victim Impact Panel, which focuses on the real-world consequences of impaired driving.
Participants may be required to complete assessments through local Counseling and Education Services (CES) and follow individualized treatment recommendations aimed at reducing recidivism and addressing alcohol use.
Some repeat offenders may be considered for Travis County’s specialized treatment-focused court programs (commonly called “DWI Court” programs), depending on eligibility and current local availability.
Some non-conviction outcomes may qualify for expunction. Certain eligible first-time DWI deferred adjudication cases may qualify for nondisclosure rather than expunction.
How Much Does a DWI Cost in Austin?
The cost of a DWI is more than just the fines you might have to pay as a penalty. Many people underestimate the total financial impact of a DWI conviction, which can range from $5,000 to $25,000, depending on the specifics of the case.
Texas Transportation Code Sec. 709.001 imposes additional state traffic fines after certain DWI convictions, separate from criminal fines, court costs, and other case-related expenses.
- $3,000 for the first conviction within a 36-month period
- $4,500 for a second or subsequent conviction within a 36-month period
- $6,000 for a first or subsequent conviction if it is shown that BAC was .15% or higher
You will also likely face higher car insurance premiums, which can add thousands of dollars to your total cost.
Other unexpected costs may include:
- Ignition interlock costs
- Occupational license costs
- License reinstatement fees
- DWI education classes
- Probation supervision fees
A DWI lawyer might seem expensive at first, but hiring one can actually save you money in the long run if you avoid a conviction.
What the State Must Prove in a Texas DWI Case
In a Texas DWI case, the State must prove beyond a reasonable doubt that you were operating a motor vehicle in a public place while intoxicated. Intoxication means either not having normal mental or physical control or having a blood alcohol concentration (BAC) of 0.08% or higher.
If any part of this is weak or not supported, your case can be challenged.
What Happens at Your First Court Date for an Austin DWI?
For most people, the first court date in a Travis County DWI case is not a trial. It’s usually an early setting where the court confirms that you’ve been charged, whether you have an attorney, and what happens next in the case.
In many Austin DWI cases, the early court dates are focused on exchanging evidence, reviewing police reports, body camera footage, breath or blood test records, and discussing possible next steps. If your case involves legal issues like an unlawful stop, questionable testing procedures, or evidentiary problems, those issues may be raised later through motions or hearings.
If you’re eligible for something like pretrial diversion, those conversations may begin during the early stages of the case as well.
Showing up prepared matters. Missing court can create serious problems, including bond issues or additional charges.
How DWI Cases Are Defended in Austin
DWI cases often come down to details that most people don’t notice.
- Illegal or unjustified traffic stop: If your stop was not lawful, evidence may be excluded.
- Field sobriety test errors: These tests must follow established procedures. Many don’t, and results can be affected by factors such as the environment, road conditions, medical issues, or even the shoes you’re wearing.
- Breath or blood test issues: Testing must be done exactly right. Mistakes in calibration, timing, or handling can make a difference. Our ACS-CHAL Forensic Lawyer-Scientists carefully review test results.
- Lack of clear evidence of driving: In some cases, the State can’t prove that you were actually operating the vehicle.
- Medical issues: Fatigue, injury, or conditions like anxiety can affect how someone appears during an investigation.
It’s important to review your case early to spot these issues.
Can a DWI Be Reduced or Dismissed in Austin?
Yes. Some DWI charges are dismissed because of illegal stops, weak evidence, testing errors, or proof problems. A first arrest does not automatically mean a conviction.
No attorney can promise results, but starting early can give you more options.
Why People Choose Michael & Associates for DWI Defense in Austin
Not all DWI defenses are the same, and not every law firm handles these cases with the same level of experience or preparation.
Michael & Associates focuses exclusively on criminal defense, including DWI and DUI cases in Austin and Travis County. When you hire us, your case is handled by a senior trial attorney, not passed off to a junior associate or rotating case manager. You’ll work directly with your lawyer and have access to their cell phone if questions come up.
Our Austin DWI team includes Dan Dworin, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and James Fletcher, an ACS-CHAL Forensic Lawyer-Scientist who helps analyze breath- and blood-testing evidence.
Our broader team includes former prosecutors and former law enforcement professionals who understand how DWI cases are investigated and prosecuted.
Our team also has:
- 425+ years of combined attorney experience
- 800+ jury trials handled
- Texas Super Lawyers and Rising Stars recognition
- Trial-ready defense that means we approach every case as though it will go to trial, even though many cases are resolved before trial
- Approximately 65% favorable or partially favorable jury trial results and approximately 50% outright wins in 2025 (according to internal case data)
