One Decision, One Night, One Charge: DWI & Intoxication Defense in Austin, Texas

A single traffic stop. A glance in the rearview mirror. A flashing light in the dark. In that moment, your life changes. A DWI charge can bring jail time, thousands of dollars in fines and fees, a suspended license, and a criminal record that follows you for years. In Texas, where DWI laws are among the strictest in the nation, the consequences extend far beyond the courtroom. Your job, your professional license, your insurance rates, and your freedom are all on the line.

At Barton & Associates, Attorneys at Law, we defend clients throughout Austin and Central Texas against DWI and intoxication charges. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to DWI defense. We understand that DWI cases often hinge on the reliability of field sobriety tests, the accuracy of breathalyzers, and the legality of the traffic stop itself. We know how to challenge the evidence, cross-examine the officers, and build a defense that protects your rights.

Whether you are facing a first-time DWI, a subsequent offense, or charges involving injury or death, we provide the strategic guidance and aggressive representation you need to protect your license, your career, and your future.

Understanding DWI in Texas

In Texas, DWI (Driving While Intoxicated) is defined as operating a motor vehicle in a public place while intoxicated. Intoxication can be proven in two ways: loss of normal use of mental or physical faculties, or a blood alcohol concentration (BAC) of 0.08 or higher.

The Two Ways to Prove Intoxication:

• Per Se: BAC of 0.08 or higher

• Impairment: Loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination

The Penalties:

• First Offense: Class B misdemeanor; up to 180 days in jail; fine up to $2,000; license suspension up to 1 year

• Second Offense: Class A misdemeanor; up to 1 year in jail; fine up to $4,000; license suspension up to 2 years

• Third Offense: Third-degree felony; 2 to 10 years in prison; fine up to $10,000; license suspension up to 2 years

Enhanced Penalties:

• DWI with Child Passenger: State jail felony (if child under 15 in the vehicle)

• Intoxication Assault: Second-degree felony (causing serious bodily injury)

• Intoxication Manslaughter: Second-degree felony (causing death)

For families in Austin, a DWI conviction can affect every aspect of your life.

What Is the Penalty for a First-Time DWI in Texas?

A first-time DWI in Texas is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. However, the consequences go far beyond the criminal penalties.

License Suspension:

• 90-day suspension for first offense

• Can be avoided by requesting an ALR (Administrative License Revocation) hearing within 15 days

Other Consequences:

• DWI surcharge: $1,000 per year for three years

• Increased insurance rates (often double or triple)

• Criminal record that appears on background checks

• Potential employment consequences

• Professional licensing issues

Diversion Programs:

Some counties offer diversion programs for first-time DWI offenders. Successful completion can result in dismissal of charges. Eligibility varies by county.

For families in Austin, a first-time DWI is serious—but with the right defense, you may avoid the worst consequences.

How to Defend a DWI Charge in Texas

Defending against a DWI charge requires a strategic approach. The State must prove each element beyond a reasonable doubt.

Defense 1: Unlawful Traffic Stop

The Fourth Amendment requires that the officer have reasonable suspicion to stop your vehicle. If the officer did not have a valid reason for the stop, all evidence from the stop can be suppressed.

Defense 2: Lack of Probable Cause for Arrest

After the stop, the officer must have probable cause to arrest you. If the officer lacked probable cause, the evidence may be suppressed.

Defense 3: Faulty Field Sobriety Tests

Field sobriety tests (FSTs) are notoriously unreliable. Your attorney can challenge:

• Whether the tests were administered properly

• Whether the officer was properly trained

• Whether medical conditions, fatigue, or other factors affected your performance

Defense 4: Faulty Breathalyzer

Breathalyzers can produce false results. Your attorney can challenge:

• Whether the machine was properly maintained

• Whether the operator was certified

• Whether there were interfering substances

• Whether the machine was properly calibrated

Defense 5: Blood Test Issues

Blood tests can also be challenged:

• Chain of custody issues

• Improper storage or handling

• Contamination

• Improper draw technique

Defense 6: Rising Blood Alcohol

Alcohol takes time to absorb into the bloodstream. If the test was administered long after driving, your BAC may have been lower while driving.

Defense 7: Medical Conditions

Medical conditions such as GERD (acid reflux), diabetes, or neurological disorders can cause symptoms that mimic intoxication or affect test results.

For families in Austin, a strong defense can mean the difference between a conviction and a dismissal.

The Administrative License Revocation (ALR) Hearing

When you are arrested for DWI, your driver’s license is automatically suspended unless you request an ALR hearing within 15 days. Missing this deadline means automatic suspension.

What the ALR Hearing Is:

• A civil hearing before an administrative law judge

• Focuses solely on your license, not the criminal case

• Determines whether your license should be suspended

The Issues at the ALR Hearing:

• Did the officer have reasonable suspicion to stop you?

• Did the officer have probable cause to arrest you?

• Was your BAC 0.08 or higher?

Why the ALR Hearing Matters:

• You can keep your license if you win

• Your attorney can cross-examine the officer under oath

• The testimony can be used in your criminal case

For families in Austin, the ALR hearing is a critical opportunity to challenge the case.

Field Sobriety Tests: What You Need to Know

Field sobriety tests (FSTs) are used by officers to gather evidence of impairment. They are not mandatory. You have the right to refuse them.

The Three Standardized Tests:

• Horizontal Gaze Nystagmus (HGN): Eye movement test. Officers look for involuntary jerking of the eyes.

• Walk and Turn: Nine-step walk, turn, and return. Officers look for balance, following instructions, and stepping off the line.

• One-Leg Stand: Standing on one leg for 30 seconds. Officers look for swaying, hopping, and putting the foot down.

Problems with FSTs:

• They are designed to be difficult, even for sober people

• Medical conditions, fatigue, nervousness, and age can affect performance

• Officers often misadminister the tests

• Video evidence can show you performed better than the officer’s report

You Have the Right to Refuse:

In Texas, you have the right to refuse field sobriety tests. Politely decline. The officer will likely arrest you anyway—but you will have denied them evidence.

For families in Austin, refusing FSTs is often the best choice.

Breathalyzers and Blood Tests

Chemical tests are used to measure BAC. Both have strengths and weaknesses, and both can be challenged.

Breathalyzers:

• Measure alcohol in the breath, which is converted to BAC

• Require proper calibration and maintenance

• Can be affected by mouth alcohol, medical conditions, and interfering substances

Blood Tests:

• More accurate than breath tests

• Require proper chain of custody

• Can be challenged on storage, handling, and draw technique

Implied Consent:

Under Texas law, you have given “implied consent” to chemical testing by driving. If you refuse a breath or blood test, your license can be suspended for 180 days (first offense) or 2 years (subsequent).

Refusal vs. Consent:

• Refusing means you keep the evidence out of the State’s hands but face license suspension

• Consenting means the State has evidence, but your license is not suspended for refusal

For families in Austin, the decision to consent or refuse is one your attorney can help you navigate.

DWI with a Child Passenger

If you are arrested for DWI with a child under 15 in the vehicle, the charge is enhanced to a state jail felony.

The Penalty:

• 180 days to 2 years in state jail

• Fine of up to $10,000

• License suspension up to 2 years

Defending DWI with Child:

• Challenge the underlying DWI

• Challenge whether the child was actually in the vehicle

• Challenge whether you knew the child was there

For families in Austin, DWI with a child passenger carries severe consequences.

Intoxication Assault and Manslaughter

If a DWI results in serious bodily injury or death, the charges become felonies with severe penalties.

Intoxication Assault (Serious Bodily Injury):

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Intoxication Manslaughter (Death):

• Second-degree felony

• 2 to 20 years in prison

• Fine of up to $10,000

Defending Injury/Death Cases:

• Challenge the underlying intoxication

• Challenge causation (did the intoxication cause the accident?)

• Challenge the accident reconstruction

• Present mitigating evidence

For families in Austin, intoxication assault and manslaughter cases require the most aggressive defense.

Frequently Asked Questions About DWI & Intoxication in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about DWI charges. Here are the answers to the most common inquiries we receive.

What is the legal BAC limit in Texas?

The legal BAC limit for drivers 21 and over is 0.08. For commercial drivers, it is 0.04. For drivers under 21, any detectable alcohol can result in a DWI.

Should I take field sobriety tests?

No. Field sobriety tests are voluntary. Politely decline. The officer will likely arrest you anyway—but you will have denied them evidence.

Should I take the breathalyzer?

Refusing the breathalyzer results in an automatic license suspension (180 days for first offense). Taking it gives the State evidence. The decision depends on the circumstances.

How long will my license be suspended?

For a first offense, the criminal suspension is up to 1 year. The ALR suspension is 90 days if you refuse the breath test. You can request an ALR hearing within 15 days to challenge the suspension.

What is an ALR hearing?

An Administrative License Revocation (ALR) hearing is a civil hearing to determine whether your license should be suspended. You have 15 days to request it.

Can I get a DWI expunged?

If your case is dismissed or you are acquitted, you may be eligible for expungement. Deferred adjudication is generally not available for DWI.

Do I need an attorney for a DWI?

Yes. DWI convictions carry jail time, fines, license suspension, and a permanent criminal record. An experienced attorney can challenge the stop, the tests, and the evidence.

Why Barton & Associates for DWI Defense in Austin

DWI defense requires attorneys who understand the science of breath and blood testing, the nuances of field sobriety tests, and the strategies for challenging traffic stops. The attorneys at Barton & Associates bring decades of experience to DWI defense, helping clients protect their licenses, their careers, and their freedom.

We are deeply rooted in the Austin legal community. We have handled DWI cases in Travis County courts for decades and understand the local prosecutors, the law enforcement practices, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Protecting Your License

If you are facing a DWI charge, your license, your career, and your freedom are on the line. Do not wait. The 15-day deadline to request an ALR hearing is strict. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced DWI defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)