How long do I have to request an ALR hearing?

You typically have 15 days from receiving the Notice of Suspension (usually the arrest date) to request an ALR hearing.

Can I drive after a DWI arrest in Austin?

Possibly. If your license is confiscated after a DWI arrest, the officer may issue a temporary driving permit that allows you to keep driving for a limited time. If you request an ALR hearing within the 15-day deadline, you may be able to continue driving until that process is resolved. If your license is later suspended, you may still qualify for an occupational license that allows limited driving for work, school, medical appointments, and essential household needs.

Will I go to jail for a first DWI in Texas?

Jail is possible, but not guaranteed. Many first-time DWI cases are resolved through probation, diversion programs, or other alternatives depending on the facts and the defendant’s background.

Can a first-time DWI be dismissed?

Yes, some first-time DWI cases can be dismissed, depending on the evidence, legality of the stop, chemical test issues, and how the case was handled. A first arrest does not automatically mean a conviction.

Can a first DWI qualify for pretrial diversion in Travis County?

Possibly. Travis County offers a pretrial diversion program for some eligible first-time DWI defendants. Eligibility depends on factors such as your criminal history, the facts of the case, and whether aggravating circumstances are involved.

Can I get an occupational license in Travis County after DWI?

Yes, many people in Travis County can seek an occupational license after a DWI-related license suspension. Eligibility depends on the reason for the suspension and your driving history, and the court may impose restrictions on when and how you can drive.

Can I refuse a breath or blood test in Texas?

You can refuse a breath or blood test, but refusal can trigger license suspension consequences under Texas implied consent laws, and police officers may seek a warrant for a blood draw in appropriate cases.

What happens if you miss the 15-day ALR deadline?

If you miss the deadline, your license may be automatically suspended. You lose the opportunity to challenge the suspension through the ALR process.

Is a first DWI a felony in Texas?

Usually no. A first DWI in Texas is typically charged as a Class B misdemeanor, not a felony. However, certain aggravating circumstances can increase the severity of the charge. For example, a first DWI with a BAC of 0.15 or higher is usually charged as a Class A misdemeanor, and cases involving serious injury, death, or a child passenger can lead to felony charges.

Can a DWI be expunged in Texas?

In some situations, yes. If your case is dismissed or you are found not guilty, you may qualify for expunction. Certain first-time offenders who complete pretrial diversion in Travis County may also be eligible, depending on the outcome.

How long does a DWI stay on your record?

A DWI conviction in Texas generally remains on your criminal record permanently. Some non-conviction outcomes, and certain first-time deferred adjudication cases, may qualify for limited record-sealing relief.

Can you refuse a field sobriety test in Texas?

Yes. Field sobriety tests are generally voluntary in Texas. However, refusing them won’t prevent an arrest if the officer believes there is enough other evidence of intoxication.

What’s the difference between DUI and DWI in Texas?

In Texas, adult impaired-driving cases are generally charged as DWI (Driving While Intoxicated). DUI usually refers to underage drinking-and-driving allegations involving drivers under 21.

Austin DWI Lawyer | Travis County DUI & DWI Defense

Facing DWI or DUI Charges in Austin? We Can Help.

We know plenty of ways to beat a DWI—and we’ve built a playbook to prove it. Our experienced criminal defense attorneys and DUI scientists, many of whom have served as prosecutors and judges, use every available tool to get charges dismissed.

A conviction can lead to serious consequences, including fines, jail time, and reduced (or lost) driving privileges. Additionally, you may also face other consequences, such as higher auto insurance rates or scrutiny from current and future employers. You need to take immediate action.

The stakes are high if you’re charged with a DWI. But being arrested and charged does not necessarily mean you will have to suffer these consequences. Here at Michael & Associates, we believe that one mistake should not have a disastrous impact on the rest of your life, and that’s why we fight extremely hard for the best outcome possible. Our #1 goal is always a dismissal.

Our Track Record in Austin

98%

Success Rate

We don't just define success as a dismissal or reduction - we only consider it successful if you do.

14 Minute

Average Response Time

Communication is paramount to us. Our goal is to answer your question as quickly as possible.

100%

Driver's License Success

We are always able to keep clients' ability to drive, whether it be via ALR hearing or ODL (though some state fees may apply)

Testimonials

Michael & Associates is proud to have earned a 98% client satisfaction rate* and a 5.0 star rating on Google.

*Client satisfaction rate is calculated by surveying clients using standard CSAT (customer satisfaction score) score at the end of the case and is based upon survey dates of 9/14/2022 to 11/26/2025.

DWI Defense in Austin, TX

What Constitutes Driving While Intoxicated?

As defined in Texas Penal Code § 49.04, you can be convicted of 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 faculties due to the influence of Drugs and/or Alcohol.

Most DWI cases are alcohol related, and the legal limit for blood alcohol concentration (BAC) is 0.08% or higher. Usually, this is tested with a blood test or a 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 one. 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 apply different levels of scrutiny to different types.

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 increase from here based on prior records and aggravating factors.

Fortunately, our success rate on first-time DWIs is exceptionally high – we can dismiss, plead 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.

Second DWI convictions go on your permanent record and are not eligible for deferred adjudication.

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

Travis and Williamson County courts don't look favorably on 2nd DWI cases, so you need an attorney who will 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 secure the best possible outcome.

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 Revocation (ALR) hearing. This gives you some breathing room, so 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.

We will attend the hearing for you. You won't need to take any action. The hearing is with an officer and us, and we will do our very best to win. In fact, we have two ALR specialists who focus on fighting ALR hearings and, as a result, are among the best in the state at winning.

Another essential part of the ALR hearing is that it gives us the chance to cross-examine the officer and use his or her testimony in your case. Often, we learn something about the case that gives us an edge in fighting the criminal charges.

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

Even if you lose this ALR hearing, you will likely still be able to keep driving. We will file for an Occupational Driver’s License. This is the only way to legally drive with a suspended license.

In summary, DWI consequences can be severe if not handled properly.

Actual DWI Case Outcomes and Penalties

Though the penalties certainly sound scary, the reality is that the outcomes in actual cases 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 outcome of the case. Most cases don’t go to trial – instead, an outcome is reached with the prosecutor.

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

Disposition	1st DWI	2nd DWI	Felony DWI
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%

Source: Traviscountytx.gov

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 are convicted, so it’s vital to hire an attorney to improve your chances of keeping your record clean. Only 4.7% of defendants receive deferred adjudication.

Felony DWI: Over 60% of defendants are convicted, 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. The distribution of sentence types for DWI convictions last year in Travis County:

Sentence	1st Offense	2nd Offense	Felony
Probation/Community Supervision	17%	17%	51%
Committed to Local Jail	83%	45%	12%
Committed Directly to State Prison	0%	0%	5%

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 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 misdemeanor DWI cases have a lower conviction rate.

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 Driver's 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 requires you to blow into a breathalyzer to start your car.

The bottom line is that a DWI conviction is expensive. Hiring an experienced Austin DWI lawyer could save you money.

How to Beat 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 as the Dream Team of DWI Defense. With decades of experience on both the defense and prosecution sides, we are well-equipped to secure the best possible outcome for you.

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 for an ODL so 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 the body-cam footage from the arrest. We’ll ask you to walk through your side of the story as well. At each step, we will look for holes in the prosecution’s case. Was the arrest done properly? Was the breathalyzer test done correctly? Did the cops administer the sobriety test correctly? 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 to achieve the best possible outcome. Our lawyers have been practicing law in and around Austin, so we know what to expect. Most DWIs result in some deal before trial, but we are always prepared to take your case to trial if you want us to.

With Michael & Associates, you’ve got a great shot at getting a great outcome.

Reviewed for accuracy by Michael & Associates DWI lawyers in June 2026. Past results do not guarantee future outcomes. Every case depends on its specific facts and circumstances.

Frequently Asked Questions

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Austin DWI Lawyer | DUI Defense in Travis County