DWI Process

After a DWI arrest in Austin, the process usually involves two separate cases: the criminal court case and the driver's license suspension case. The process may include booking, bond conditions, court appearances, evidence review, ALR deadlines, plea negotiations, and possibly a trial. Early deadlines can affect both your license and defense strategy.

Under Texas Penal Code § 49.04, a person commits an offense by operating a motor vehicle while intoxicated in a public place.

Under Texas law, "intoxicated" can mean either having a blood alcohol concentration (BAC) of 0.08% or more or not having the normal use of your mental or physical abilities because of alcohol, drugs, a controlled substance, a combination of substances, or another substance.

A DWI arrest can feel overwhelming, especially when you're suddenly dealing with court dates, possible license suspension, work concerns, bond conditions, and uncertainty about what happens next.

Austin Lawyer Who Understands the DWI Process

A DWI case is never simple. You may be worried about getting out of jail, keeping your license, going back to work, meeting bond conditions, and figuring out whether the evidence from Travis County prosecutors is strong enough to hold up.

Our DWI lawyers help people in Austin understand where they are in the process, what the next step is, and which deadlines need attention first. That can include reviewing the stop, the arrest paperwork, the testing issues, and the license side before the case gets further down the road.

We can also help negotiate with prosecutors, challenge questionable evidence, and prepare cases for trial. Our job is to protect your rights, explain your options, and work toward the strongest defense strategy available under the facts and the law.

DWI Stops in Austin

Many DWI cases begin with a traffic stop for speeding, weaving, failing to signal, running a red light, or another traffic issue. Other cases start with a crash investigation, a welfare check, a parked vehicle, or a report from another driver.

From there, the officer may ask questions, make observations, ask for field sobriety tests, and request a breath or blood specimen. In Austin, the Austin Police Department's Impaired Driving Investigations Unit handles DWI investigations and enforcement work.

Field Sobriety Tests, Breath Tests, and Blood Tests in Austin DWI Cases

After a DWI stop, the officer may ask you to perform roadside tests. These may include:

• Walk-and-turn
• One-leg stand
• Horizontal Gaze Nystagmus (HGN) eye test

The officer may also ask about drinking, medication, drugs, sleep, medical conditions, or where you were coming from.

However, roadside testing is not perfect. Shoes, road slope, traffic, weather, injuries, anxiety, and unclear instructions can all affect a person's performance. That's why a careful review of video evidence is important.

Can You Refuse Field Sobriety Tests in Texas?

Yes. In Texas, field sobriety tests are generally voluntary, and many drivers are surprised to learn they are not legally required to perform roadside balancing or eye tests during a DWI investigation.

However, refusing field sobriety tests won't automatically stop a DWI arrest. Officers can still rely on other evidence, including driving behavior, statements, body camera footage, the smell of alcohol, appearance, or other observations when deciding whether to make an arrest.

Can Police Force a Blood Test in an Austin DWI Case?

While field sobriety testing is technically optional in many cases, blood tests are a different matter.

Texas has an implied consent law, which means that if police lawfully arrest you for DWI, the law treats you as having agreed to a breath or blood test.

Under Transportation Code Chapter 724, refusing a breath or blood specimen can trigger a license suspension. Additionally, if you refuse, the police often seek a warrant for a blood draw.

If you didn't refuse but failed the test, it can also trigger a driver's license suspension under the Transportation Code Chapter 524.

What Happens After a DWI Arrest in Austin?

Once arrested for DWI, the person is usually taken to jail for booking. This step may involve fingerprints, photos, and property inventory. Breath or blood testing is common after arrest, and if you refuse, a warrant will be obtained. It also includes any time spent in a holding cell while waiting to see a magistrate.

Texas law generally requires an arrested person to be brought before a magistrate without unnecessary delay, usually within 48 hours of arrest. Delays can happen in practice, but if it's past the legal deadline, it may need to be reviewed by a lawyer.

While the DWI case is pending, a person can be released on bail. Depending on the charge, record, and case facts, release may involve a Personal Recognizance bond (commonly referred to as a PR bond or personal bond), a cash bond, a surety bond, or specific bond conditions. The conditions may include no alcohol use, testing, ignition interlock, travel limits, or other court rules.

Note: A lawyer can ask the magistrate to consider a PR bond, a lower bond, or reasonable bond conditions. The final decision depends on the charge, the person's record, public safety concerns, and the court's rules.

Arraignment and Early Court Settings in Austin DWI Cases

In many misdemeanor DWI cases, an arraignment or an early court setting is one of the first formal steps. The exact setting name can vary by court, but the general purpose is to:

• Address the charge
• Confirm basic information
• Discuss or enter a plea
• Move the case into the court process

For most people, this is not where the case ends. In fact, it's just the start of the structured court process.

What Happens After Arraignment in an Austin DWI Case?

After the arraignment or the first court setting, the case usually moves into the pretrial stage. Texas Code of Criminal Procedure Article 28.01 allows courts to set criminal cases for pretrial hearings before trial to address motions, pleadings, and other matters.

Pretrial is often the most important working stage of the case. The defense reviews police reports, video, blood or breath records, lab paperwork, warrant materials, and other evidence. If there are legal issues, the defense may file motions.

Some cases are resolved during this stage. Others need more litigation, negotiation, expert review, or trial preparation.

How Long Does an Austin DWI Case Usually Take?

From your arrest to posting bond, the process moves quickly, typically within 72 hours. After that, the process slows considerably as your lawyer reviews evidence and begins negotiations with prosecutors. Some misdemeanor cases may resolve within several weeks or months, while more complex cases can take a year or longer, especially if motions or trial preparation are involved.

What Happens If Your Austin DWI Case Goes to Trial?

If your case goes to trial, the State must prove the DWI charge beyond a reasonable doubt. That usually means the prosecutor presents witnesses, officer testimony, video, breath or blood evidence if available, and other facts the State believes prove intoxication.

The defense can challenge the State's evidence, cross-examine witnesses, question the reliability of testing, and argue that the State has not met its burden. A trial may be before a judge or jury, depending on the case and the choices made.

If there's a guilty finding, the case moves into punishment. Texas Code of Criminal Procedure Article 37.07 allows punishment evidence after a finding of guilt, including certain evidence relevant to sentencing.

DWI Penalties and Charge Levels in Texas

Here's a quick overview of how Texas DWI charges can be classified:

Note: The final charge level depends on the facts, the person's record, and whether the state law allows the charge to be raised.

Driver's License Suspension After a DWI Arrest in Austin

The civil case involving the driver's license suspension is separate from the criminal DWI case. It's actually one of the first things people miss after an arrest. Many focus on the criminal case and miss the administrative license revocation (ALR) hearing deadline.

But remember, the ALR deadline is short. In most DWI cases, the hearing request must be made within 15 days after receiving notice of suspension. If the request is late, it may be denied, and the suspension may take effect on the 40th day after notice is served.

ALR hearings are held before an administrative law judge, who reviews the evidence and decides whether the Texas Department of Public Safety (DPS) is authorized to suspend the license.

Helpful DWI Resources

• Texas DPS ALR Hearing Request: Use this official DPS page to request an ALR hearing after a DWI-related suspension or revocation notice.
• SOAH Driver's License Hearings Forms: This official SOAH forms page includes continuance, written submission, subpoena, and transcript request forms for driver's license hearings.
• SOAH Driver's License Hearings Schedule: This official SOAH page lets people search for driver's license hearing settings and related schedule information.
• Travis County DWI Pre-Trial Diversion: This local page explains the county's DWI diversion process, including timing, screening, and application basics.
• Travis County DWI Court Program: This local resource helps readers learn about the county's specialty DWI court option for some repeat-offender situations.

Talk to an Austin DWI Lawyer About the Next Step

The DWI process in Austin can move quickly at the beginning, but more slowly later. It can be frustrating because the urgent deadlines come before you have all the evidence.

Though we're a large firm with several experienced Austin-area DWI lawyers, you will work with the same lawyer from start to finish. You will get your lawyer's direct contact information, so you can text with questions. Ben Michael, our firm's founder and managing partner, is personally involved in every case.

James Fletcher, who leads our Austin team, is a certified ACS Forensic Lawyer-Scientist who uses his training in DWI science. He can help analyze blood test results to check possible critical errors.

Your lawyer will help you navigate the process, avoid missing critical deadlines, fill you in on what's happening, and will explain any evidence that needs to be reviewed before deciding how to move forward. He or she will also check the validity of the traffic stop and arrest, request your ALR hearing if the deadline hasn't passed, review your breath or blood test results, explain what will happen in court, and fully investigate whether it's possible to challenge your case.

Contact us for a free case review.

Last updated in May 2026 and reviewed for accuracy by Michael & Associates' DWI attorneys.