A DWI in Austin Can Cost You Big Time.
We're here to help.
Charged with a DWI in Austin?
Being charged with a DWI can be one of the most stressful things that you go through.
Defined as driving a motor vehicle with a blood alcohol content of above 0.08, driving while intoxicated is one of the more common crimes around Austin.
Unfortunately, the government of Texas and the Travis County court system does not look friendly upon DWI violators. That's why Michael & Associates exists.
A DWI Can Cost You Fines and Land You In Jail
You may think because DWI is so common here in Austin that the penalties aren't so stiff.
Think again.
Here are the penalties for DWI convictions:
1st Offense:
- Up to a $2000 fine
- Between 3 and 180 days in jail
- Loss of driver's license for up to a year
2nd Offense:
- Up to a $2000 fine
- Between 1 and 12 months in jail
- Loss of driver's license for up to two years
3rd+ Offense:
- Up to a $10,000 fine
- Between 2 and 10 years in prison
- Loss of driver's license for up to two years
- A Felony on your record
And that doesn't even include various enhanced charges, such as driving with a child onboard.
Don't Risk Your Future For One Mistake
In addition to the criminal penalties, a DWI can cause loss of license, make it tougher to find a job, and raise your insurance rates.
It's no laughing matter, and you owe it to yourself to get the best defense possible.
If you've been faced with a DWI, don't go at it alone. Make sure you hire yourself a competent, experienced attorney that will give your case the attention it deserves.
Michael & Associates Has Your Back
Here at Michael & Associates, we've been fighting DWI cases for nearly a decade.
We've fought plenty of DWI cases in and around Austin, and gotten a majority of them dismissed or reduced.
Our goal is to provide high-touch, white-glove DWI defense. We treat each case individually, and fight as hard as possible to get you the best possible outcome.
Unlike many larger, cheaper firms, we don't treat you like a number. You get full access to Ben Michael - our managing partner - and we do our best to explain everything and make you comfortable.
You're in good hands with Michael & Associates. Schedule a free case review so we can start formulating your DWI defense strategy.
GET A FREE CASE REVIEW
If you've been charged with a DWI, you have 15 days before you lose your license. Fill out the form below and we'll be in touch in a few minutes.
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A Complete Guide to Fighting Your DWI in ATX
Quick Note: 15 Days before Your License is Suspended
If you’ve been charged with a DWI and have a Texas driver’s license, you have 15 days from the date of arrest before you automatically lose your driver’s license.
To prevent this, you must file for an ALR hearing. If you do not request an ALR hearing, your license will automatically be suspended in 40 days.
Michael & Associates provides free ALR filing and representation with all DWI cases, so contact us ASAP to maintain your right to drive.
Do I Need a Lawyer if I’m Charged with a DWI?
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.
Types of DWIs and Penalties
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.
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.
Other Consequences
A DWI has more consequences other than the jail time, fines and license suspension.
- 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.
How to Beat a DWI in Austin - Our 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
Additional 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.
Recent DWI Cases Near 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
How a DWI Conviction Affects 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.
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 |
Don't Let a DWI Increase your Insurance Cost
Frequently Asked Questions
About Michael & Associates
Simply put, Michael & Associates gives you two things: the white glove treatment, and the best outcome possible.
There are dozens of lawyers out there that will charge you less and promise you the world. But when you have questions, are they there for you? Are they going to really give each case the best effort? More likely, they are going to take the easiest path forward. They are essentially factories for criminal cases.
With Michael & Associates, we take on a limited number of cases so that we can treat each one as if it were own.
You get Ben Michael's personal cell phone, and are encouraged to text him anytime day or night. Other firms? You get stuck with a secretary and maybe a call back 3 days later if you're lucky.
Ben will walk you through every step and detail, and make sure that you feel comfortable the whole way through. We get that this is a stressful time, and it's our goal not only to get you the best possible outcome, but to also make this as painless as possible.
Michael & Associates takes on pretty much all types of felony and misdemeanor criminal cases, including the following:
- DUI / DWI
- Possession of a Controlled Substance
- Assault & Battery
- Family Violence
- Domestic Abuse
We do not do:
- Traffic Law
- Family Law
- Immigration Law
- Civil Law
We're licensed to practice throughout Texas. Currently we're taking on cases for all counties between Austin & San Antonio.
Driving While Intoxicated in Austin
In Austin, Travis County, and the rest of Texas, any driver caught with a blood alcohol content (BAC) of 0.08% or higher can be charged with driving while intoxicated. BAC is a measure of what percent of your blood is made up of alcohol.
The number of drinks that will put you at a BAC of 0.08% depends on a number of factors, including the strength of the drinks, the time passed since consuming, your gender, your weight, and your tolerance.
In Austin, the penalties vary based on how many offenses you have had.
First Offense
- Up to a $2,000 fine
- Up to 180 jails upon conviction, with three mandatory days in jail
- Loss of driver's license for up to a year
Second Offense
- Up to a $4,000 fine
- One month to a year in jail
- Loss of driver's license for up to two years
Third Offense
- A $10,000 fine
- Two to ten years in prison
- Loss of driver's license up to two years
Additional penalties apply if driving with a child passenger, which include:
- Additional fines up to $10,000
- Up to two years in jail
- Additional 180 days of driver's license suspension
For starters, pull over immediately and safely. Do not attempt to evade the police as you will likely fail to outrun them and will face further charges.
Once the officer approaches your vehicle, be extremely polite and obedient. The officer will first ask for your license, registration, and proof of insurance. Tell the officer where these are located, and slowly move to retrieve these items.
Officers will typically ask if you know why they pulled you over. Simply say "No Sir" or "No Ma'am". Because in court, an officer must have a reason to justify pulling you over. So you don't want to admit to the officer that he or she had a good reason.
You have the right to refuse both a field sobriety test and a preliminary breathalyzer test. If you believe you will fail, it is a good idea to refuse these. Simply state that you are not comfortable doing these, and would like to speak with your attorney before doing so. Always assume you are on video, so be as polite and even-keeled as possible.
You may still be arrested on the grounds of slurred speech, alcohol smell, or bloodshot eyes. Once arrested, you will likely be asked to take a blood or breath test to establish BAC. If you do refuse, you are subject to a license suspension. However, if you fail the test, you are also subject to a license suspension. In either case, a lawyer can help you fight this.
The officer may obtain a warrant to compel you to take the test, but this takes time.
Always remain silent during questioning, and contact an attorney at the first chance you get.
Yes, you should never plead not guilty or give up when charged with a DUI. Whether it's your first or third DUI, fighting it will almost always yield a better outcome for you.
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