Award-Winning DWI Attorney in Austin, TX
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Facing DWI or DUI Charges in Austin? We Can Help.
Driving While Intoxicated (DWI) Driving While Intoxicated (DWI) is one of the most common charges in the Austin area, and our firm devotes a significant amount of time, expertise, and resources to it. We have a team of former prosecutors, judges, DWI experts, and DWI scientists who have developed a playbook for getting DWI 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 employment. You need to take immediate action.
The stakes are high if you’re charged with a DWI. But, being arrested and charged does not mean you will necessarily 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.
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What Constitutes Driving While Intoxicated?
As defined in Texas Penal Code § 49.04, you can be convicted 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 facilities due to the influence of Drugs and / or Alcohol.
Most DWI cases are alcohol related, and the legal limit for Blood Alcohol Concentration is 0.08 or higher. Usually this is tested by blood or 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 the test. 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 treat different types with different levels of scrutiny.
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 go up from here based on prior records and also aggravating factors.
Fortunately, our success rate on first-time DWIs is exceptionally high – we can dismiss, plea 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.
2nd DWI convictions go on your permanent record and have no chance of deferred adjudication.
It’s worth noting – even 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 who 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 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 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 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 Review (ALR) hearing. This gives you some breathing room, as 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 or not.
We will attend the hearing for you – no need to take any action. The hearing is with us and an officer, and we will do our very best to win the hearing. In fact, we have two ALR specialists – they do nothing but fight ALR hearings, and due to their focus, are some of the best in the state at winning.
There is another essential part of the ALR hearing: this gives us the chance to cross-examine the officer and use his or her testimony in your case. Often, we will learn something about the case that provides us with an edge when it comes to fighting the criminal charges.
After the hearing, it takes a few days to get the results.
Likely, the hearing will not go in your favor, but there’s 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.
We’re proud to say that we can’t recall a single instance where a defendant was unable to continue driving after being charged with a DWI.
In summary, DWI consequences can be severe if not handled properly. But, breathe a sigh of relief – at Michael & Associates, we never expect clients to get anywhere near the maximum penalties, and have a great success rate at getting dismissals and reductions.
Actual DWI Case Outcomes and Penalties
Though the penalties certainly sound scary, the reality is that the actual case outcomes 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 case outcome. Most cases don’t end up going to trial – instead an outcome gets worked out 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% |
Other |
0% |
0% |
0% |
Acquittal by Court |
0% |
0% |
0% |
Acquittal by Jury |
0% |
0% |
0% |
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 receive a conviction, so it’s vital to hire an attorney for the best chance of keeping your record clean. Only 4.7% of defendants receive deferred adjudication.
Felony DWI: Over 60% of defendants receive a conviction, 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. Below shows 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% |
Commited to Local Jail |
83% |
45% |
12% |
Commited 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 a 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 misdemeanors have a lower conviction rate.
How a DWI Conviction Affects Auto Insurance Rates
A DWI conviction will most likely increase your auto insurance rates. In Austin, the average annual cost of car insurance is $720. For drivers with DWI convictions, the average yearly cost of auto insurance is $1,037, an increase of $317. This can vary by age, gender, and other factors, as shown in the tables below.
Breakdown by Gender
| Male | Female | |
|---|---|---|
Without DWI Conviction |
$720 |
$720 |
With DWI Conviction |
$1,037 |
$1,037 |
Increase |
$317 |
$317 |
Breakdown by Age
| 18-24 | 25-34 | 35-44 | 45-54 | 55-64 | 65+ | |
|---|---|---|---|---|---|---|
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 |
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 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.
Do I Need to Hire an Attorney?
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.
As described in the previous section, a conviction is exceptionally costly.
So don’t skimp out on hiring defense counsel – you get what you pay for.
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 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
The bottom line: There are many ways to beat a DWI charge, and our playbook shows this. You want to use every single tool at your disposal to beat your charges.
Related Resources
Frequently Asked Questions about DWI in Austin
At Michael & Associates, we take pride in offering you the white-glove treatment and the best possible outcome.
There are so many lawyers in Texas who offer clients big promises but deliver scant results. These lawyers aren’t always worth what they charge. Do they give each case 100%? Usually, they don’t. They try to close a case quickly so they can move on to an easier one.
Ben Michael has a different philosophy. We only take on the cases we can handle personally. By limiting our caseload, we can provide each client with that white-glove treatment.
We give our clients Ben’s direct number. He is available to his clients at any time of the day. At other firms, you’re lucky if you can leave a message and get a returned call the next day. Usually, it takes days.
Ben Michael is there to guide you through the entire process, from start to finish. We understand that our clients are going through one of the most difficult moments in their lives. At their lowest point, we can step in to help things get back on track. We fight for you.
Michael & Associates will accept felony and misdemeanor criminal cases of all types. We work on cases that include, but aren’t limited to, the following:
DUI / DWI
Possession of a Controlled Substance
Assault & Battery
Family Violence
Domestic Abuse
We don’t practice:
Traffic Law
Family Law
Immigration Law
Civil Law
Our firm is licensed to practice law in every county in Texas. We are accepting new clients across the state, in all major metropolitan areas.
Just like any other city in Texas, when you are stopped in Austin, or anywhere else in Travis County, anyone operating a motor vehicle with a blood alcohol concentration of 0.08% or higher can be charged with DWI. Your BAC is the number that represents the saturation level of alcohol in your system.
Exactly how many drinks it takes to reach or exceed 0.08% varies from person to person. Your height, weight, and sex are all contributors. It primarily relies on how long it has been since you took a sip of alcohol.
In Austin, it all comes down to whether or not you have any prior convictions.
First Offense
A fine as high as $2,000
Up to 6 months in jail, with 3 days mandatory
Losing your license for a year
Second Offense
A fine as high as $4,000
From 30 to 365 days in jail
Losing your license for as many as two years
Third Offense
$10,000 fine
2 to 10 years in prison
Losing your license for as many as two years
Additional penalties that might apply for having an underage passenger in the motor vehicle:
Increased fines up to $10,000
Up to two years in jail
Six additional months of driver’s license suspension
The first thing you should keep in mind is that failure to stop for an officer will send you directly to prison. Do not run from the police. You will make things much worse for yourself, and you will not outrun them.
When the officer approaches the vehicle, make sure both of your hands are visible. The officer will ask for your paperwork and license. When you go to retrieve them, ask first and let the officer know where you are reaching. Always be as polite as possible.
The officer might also ask you if you know the reason they initiated the traffic stop. You should politely tell them you don’t know why you were stopped. They are looking to establish a reason for the stop, and use that probable cause in court. Don’t remove that line of defense from your lawyer’s arsenal.
Keep in mind that you are on bodycam, so always be as respectful as possible. However, you have the right to refuse to take breathalyzer and field sobriety tests. You will lose your license for a year if you refuse to take a breathalyzer, but if convicted of DWI you would lose the license anyway. Your lawyer can help you fight for a good outcome in either case.
If the officer who initiated the stop thinks they notice any slurred speech, alcohol on your breath, or bloodshot eyes, you might be detained for suspicion of DWI. Once arrested, police will ask you to submit to a breathalyzer or blood test. Refusal means suspension of your license.
Officers can (and will) get a warrant to draw blood and force you to submit to the test, but obtaining the warrant will take some time. Once they’ve gotten the warrant, it’s in your best interest to let them draw the blood. Otherwise, they will do it by force, and it will not be pleasant.
Never answer questions without a lawyer present, and ask to have a conversation with your lawyer as soon as possible.
Yes. You should always put up a vigorous defense against a DWI charge. This situation requires you to mount a swift and robust defense. You need a tough lawyer by your side.
Contact Information
The easiest way to contact us is to schedule a free case review. From there, we will set up a time with one of our senior attorneys to discuss the preliminary details of your case and determine if it’s a good fit.
500 W 2nd St Suite 1900
Austin, TX 78701
Phone: (512) 488-5775