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Austin DWI Lawyer
If you were arrested for driving while intoxicated (DWI) in Austin, you are likely facing a criminal charge in court and a driver’s license suspension through the Texas Department of Public Safety (DPS) at the same time. An Austin DWI lawyer works on both, testing the evidence behind the charge and meeting the short deadline to challenge the suspension. The outcome of one does not decide the other.
Marc Chavez Law Firm defends people charged with DWI throughout Austin and Central Texas, led by a former prosecutor. Call (512) 337-9774 or contact us to schedule a free consultation about the charge and your license.
Why Choose Marc Chavez Law Firm for DWI Defense?
At Marc Chavez Law Firm, we bring a former prosecutor’s perspective to your DWI defense. Our founder, Marc Chavez, served 12 years as an assistant district attorney in Lubbock and Travis Counties, prosecuting and trying cases that ranged from Class C tickets to capital murder, before founding the firm in 2018 to defend people facing criminal charges in Central Texas.
That background matters in a DWI case because the State has to turn an arrest report, roadside observations, and a test result into proof that holds up in court. Marc prosecuted DWI cases himself and has worked cases through pretrial hearings, jury selection, and closing arguments, so he reviews a DWI file the way a prosecutor would, looking for gaps between what the report says and what the State can prove.
Marc was named a Super Lawyers Rising Star and, for the last four years, has been named a Super Lawyer. You work with him directly, and he returns calls promptly.
What Is DWI Under Texas Law?
Texas’s DWI statute makes it a crime to be intoxicated while operating a motor vehicle in a public place. Intoxicated has two meanings under Section 49.01 of the Texas Penal Code: losing the normal use of mental or physical faculties, meaning the ordinary ability to think and move, because of alcohol, a drug, or another substance, or having an alcohol concentration of 0.08 or more.
That means a driver who tests at 0.06 can still be charged if the officer reports slurred speech and poor balance, and a driver who seems steady can be charged on a 0.09 blood result.
What Are the Penalties for a DWI in Texas?
The DWI statute sets the first-offense levels, Section 49.09 of the Texas Penal Code raises the level when the State proves prior convictions at trial, and the Penal Code’s general punishment ranges set the jail time and fine for each level:
| Situation | Charge Level | Possible Jail or Prison Time and Fine |
|---|---|---|
| First offense | Class B misdemeanor | 72 hours to 180 days in jail; up to $2,000 |
| Open container of alcohol in the driver’s immediate possession | Class B misdemeanor | Six to 180 days in jail; up to $2,000 |
| Test result of 0.15 or more | Class A misdemeanor | Up to one year in jail; up to $4,000 |
| School crossing zone while the reduced speed limit applies (offenses on or after September 1, 2025) | State jail felony | 180 days to two years in a state jail; up to $10,000 |
| One prior intoxication conviction | Class A misdemeanor | 30 days to one year in jail; up to $4,000 |
| Two prior intoxication convictions, or one prior intoxication manslaughter conviction | Third-degree felony | Two to 10 years in prison; up to $10,000 |
A prior intoxication conviction includes an earlier conviction for driving, flying, or boating while intoxicated. A DWI with a passenger younger than 15 is its own state jail felony under Section 49.045 of the Texas Penal Code. Every step up depends on a fact the State has to prove, and each of those facts is something a defense can test.
Will I Lose My License After a DWI Arrest in Austin?
Possibly. Texas suspends licenses through the Administrative License Revocation program, a civil DPS process separate from the criminal case, when a driver arrested for DWI fails a breath or blood test at 0.08 or more or refuses to give a specimen.
For drivers 21 and older (younger drivers face different periods), the suspension period after a failed test comes from Section 524.022 of the Texas Transportation Code, and the period after a refusal comes from the refusal suspension statute. Each period turns on whether the driving record shows an alcohol- or drug-related enforcement contact, such as an earlier failed test or refusal, in the 10 years before the arrest:
| Situation | No Contact in the Past 10 Years | One or More Contacts in the Past 10 Years |
|---|---|---|
| Failed test (0.08 or more) | 90 days | One year |
| Refused a breath or blood test | 180 days | Two years |
DPS must hold a hearing if its Austin headquarters receives a written request within 15 days after the driver receives notice of the suspension, or is presumed to have received it, under Section 524.031 of the Texas Transportation Code. DPS uses the same window after a refusal, and without a timely request, the suspension starts on the 40th day after notice.
How We Challenge the State’s DWI Case
We test whether the State can prove each part of the charge and whether police followed the rules in gathering evidence. From his years as a prosecutor, Marc knows which evidence the State leans on: officer observations and video when the charge rests on impairment, and the test result and how it was collected when it rests on a 0.08 reading.
We look for possible defenses to a DWI charge at each of these stages of the case:
- The stop: An officer needs a lawful reason to pull a vehicle over, so we review what the officer saw before the stop.
- Field sobriety testing: We compare how the roadside tests were given and scored with what the video shows.
- The breath or blood test: We check how the sample was collected, handled, and analyzed, because a result is only as reliable as that process.
- Prior convictions: When the State seeks a higher level, it has to prove each earlier conviction at trial, and we challenge those records where they fall short.
When we find a problem at one of these points, it can narrow what the State can prove and give you more options for resolving the case.
Frequently Asked Questions About DWI Charges in Austin
Can I Keep Driving While My License Hearing Is Pending?
Generally, yes. A timely hearing request puts the suspension on hold until an administrative law judge from the State Office of Administrative Hearings rules on it. If a suspension takes effect, a driver suspended for a reason other than a physical or mental disability can apply for an occupational license, a restricted license for limited essential driving.
Does Travis County Offer a DWI Diversion Program?
Yes. For DWI cases in Travis County, the County Attorney’s Office runs a DWI pretrial diversion program for low-risk, first-time cases. Second DWIs, cases with an alcohol concentration over 0.20, and cases involving certain collisions are not eligible. The program lasts 12 months and requires a jury waiver and a backup plea agreement if the person does not finish. Completing it resolves the case without a conviction, though the arrest record does not clear on its own.
Is Deferred Adjudication Possible for a DWI in Texas?
Sometimes. Deferred adjudication lets a judge hold off on a finding of guilt and dismiss the case once the person completes community supervision, the Texas term for probation. Texas allows it for some DWI charges under Article 42A.102 of the Texas Code of Criminal Procedure, but not in listed situations, including when the driver held a commercial driver’s license or had an alcohol concentration of 0.15 or more. The arrest and charge stay on the record unless a court later grants an order of nondisclosure, and a deferred DWI still counts as a prior if the person is charged with DWI again.
Talk to an Austin DWI Lawyer About Your Case
A DWI arrest can leave you worried about your license, your job, and what comes next in court. Marc Chavez Law Firm can review the stop, the testing, and your record, then explain where the State’s case stands and what your options are.
Reach an Austin DWI lawyer before the 15-day window to request a license hearing closes: call (512) 337-9774 or contact us to schedule a free consultation.
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Call Our Office Today
512-337-9774
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2251 Double Creek Drive Suite #601
Round Rock, TX
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