Criminal Defense Attorney — Austin, Georgetown, and Central Texas

This firm charges flat fees, not hourly. You know the total cost of representation before you hire us. The fee covers all work on the case through disposition.

Representative flat fees at this firm:

DWI first offense: $5,000
DWI second offense: starting at $6,000
Felony DWI: starting at $7,500
ALR hearing (standalone): $1,500, included when a DWI fee is paid in full at the time of hire
Class A or B misdemeanor: $5,000
Class C misdemeanor: $1,000
Felony drug case: starting at $7,500
Felony violent case: starting at $10,000
Federal case: starting at $40,000
Expunction (Travis County): starting at $1,900
Expunction (outside Travis County): starting at $2,500

Payment plans are available. The firm accepts most major credit cards. The first consultation is free and confidential.

A DWI arrest in Texas starts two separate processes that run at the same time.

The criminal case. The prosecutor’s office files charges in court. Your first court date is typically 30 to 60 days after arrest in Travis, Williamson, or Hays counties. An attorney negotiates with the prosecutor, reviews the arrest video and blood or breath evidence, and files any motion that applies to your case.

The license suspension case. This is the Administrative License Revocation (ALR) process. If you refused a breath or blood test, or if your BAC was 0.08 or higher, the Department of Public Safety moves to suspend your driver’s license. You have 15 days from the arrest date to request an ALR hearing. If you miss the deadline, your license is suspended automatically. If you request the hearing in time, the suspension is put on hold until the hearing is held. At the hearing, a DPS attorney has to prove the stop and arrest were lawful, and your attorney can cross-examine the arresting officer under oath. A win at the ALR hearing keeps your license and can produce useful evidence for the criminal case.

Call an attorney before day 15. The ALR deadline does not restart. Missing it cannot be undone.

Sometimes. Texas offers two separate remedies, and they apply to different situations.

Expunction. Under Code of Criminal Procedure Chapter 55, an expunction destroys all records of the arrest and case. The arrest is treated as if it never happened. You can truthfully deny it on a job application. Expunction is available if the case was dismissed, if you were found not guilty, if no charges were filed after arrest and the statute of limitations has passed, or in a few other specific situations. It is not available for most convictions or deferred adjudications.

Nondisclosure. Under Government Code Chapter 411, an order of nondisclosure seals a criminal record from public view. Most employers cannot see a sealed record, though law enforcement and certain licensing agencies can. Nondisclosure is available for many deferred adjudications and some convictions after a waiting period. Some offenses, including DWI with a BAC of 0.15 or higher and most offenses involving family violence, are excluded from nondisclosure.

Kenneth Hines handles the firm’s expunction and nondisclosure practice. A consultation reviews which remedy applies to your case, whether any waiting period applies, and what the filing fee and timeline look like in the county where the case was filed.

Six things, in order.

1. Invoke your right to remain silent. Say out loud: “I am going to remain silent. I want a lawyer.” Then stop talking. Do not explain. Do not argue. Do not try to talk your way out of it. Anything you say is on video and in the report.

2. Do not consent to searches. If an officer asks to search your car, your phone, your home, or your person, say: “I do not consent to any searches.” Saying so does not create probable cause. Consent waives your Fourth Amendment protections.

3. If you are offered a breath or blood test after a DWI arrest, understand the tradeoff. Refusing triggers an automatic license suspension. Taking the test produces evidence the prosecutor will use. An attorney can walk you through the tradeoff before you decide on a future stop. For the current arrest, what is done is done.

4. Write down everything you remember as soon as you can. What the officer said. What you said. The order events happened in. Any witnesses. Any video cameras you saw nearby. Details fade quickly. Write them down the same day.

5. Do not post about the arrest on social media. Prosecutors and police read public social media. A Facebook post made at 2 a.m. after a DWI arrest can become Exhibit A at trial.

6. Call an attorney. At this firm, David, Kenneth, and Taylor all answer after-hours calls. If you are arrested in Austin tonight, you can reach an attorney at this firm tonight.

A family violence charge under Texas Penal Code Section 22.01(b)(2) carries consequences beyond the criminal case itself. The consequences depend on the specific disposition and on whether a finding of family violence is entered by the court.

Firearm rights. A conviction or deferred adjudication with a family violence finding triggers 18 U.S.C. 922(g), the federal Lautenberg Amendment. Once triggered, federal law prohibits possessing a firearm or ammunition. The prohibition is federal, and a state court judge cannot lift it. For many clients, avoiding a family violence finding is the most important strategic goal of the case, because the firearm consequence is lifelong.

Immigration. Family violence offenses are categorized as crimes of moral turpitude and as deportable offenses for non-citizens. The immigration consequences can apply even to dispositions the criminal system treats as favorable, including deferred adjudication. Any non-citizen facing a family violence charge should retain counsel experienced in the crimmigration overlap.

Family court. A family violence finding affects custody and visitation in family court. Texas Family Code Section 153.004 imposes a rebuttable presumption against awarding joint custody to a parent with a family violence history. A charge alone does not create the presumption; a finding does.

Professional licensing. Medical, nursing, legal, commercial driving, and many other state licenses are affected by a family violence conviction or finding. Reporting obligations apply whether or not the license board asks.

Protective orders. A criminal case can run alongside a civil protective order. The two processes are separate. An order granted in one does not automatically resolve the other.

The firm handles family violence cases through Grand Jury presentation strategies, pretrial diversion where available, and negotiation for dispositions that avoid a family violence finding. Kenneth and Taylor handle case evaluation alongside David. A free confidential consultation reviews the specific charge, the disposition options that apply, and the collateral consequences that matter most in your case.