Austin Location
608 West 12th Street, Suite B Austin, TX 78701
Georgetown Location
706 Rock St, Georgetown, TX 78626
Past results do not guarantee a similar outcome in any future case. Each case depends on its own facts, the applicable law, and the discretion of the prosecutors and courts involved.
The Law Office of David D. White, PLLC has practiced criminal defense exclusively since 2004 across 10 Texas counties — Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop. DWI is one of the highest-volume charges the firm handles, and three attorneys handle each case as a team through weekly case reviews and shared Clio notes. There is no junior associate handoff, no farming the case to staff, and no “your attorney is in trial today” surprise on the morning of your hearing.
By the time you sit down for your first consultation, the firm has already obtained the Probable Cause Affidavit — the sworn statement the arresting officer filed to justify the stop and the arrest — read it line by line, and identified where the State’s evidence may be weak. That changes the conversation. Instead of an attorney telling you what might happen, you get a read on what the prosecution actually wrote down, what the bodycam will likely show, and where the case can be challenged.
The firm has obtained dismissals on first-time DWI charges and reductions on felony-level DWI charges through challenges to stop legality, breath and blood testing procedure, and ALR-stage evidence. Every case is fact-specific. What follows is a working guide to Texas DWI law in Travis County and the surrounding counties — written for someone who’s been arrested and is trying to figure out what comes next, not for marketing.
Under Texas Penal Code §49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. The State is tasked with proving elements of the offense, including operation of the motor vehicle, occurrence in a public place, and, of course, intoxication.
Intoxication is defined two ways under §49.01:
The two definitions are alternatives. The State can convict under either, which means they only have to prove one of the two beyond a reasonable doubt. That’s why a “blow under .08” doesn’t end the case — if the officer’s report describes slurred speech, swaying, or failed standardized field sobriety tests, the prosecution can still pursue the loss-of-faculties theory, primarily done through analysis of performance on field sobriety tests.
“Operating” is broader than driving. Sleeping in a parked car with the keys in the ignition has supported DWI charges in Texas. “Public place” includes bars and restaurants, parking lots open to the public, and most private property where the public has access.
For commercial drivers, meaning drivers who have a CDL, the BAC threshold is 0.04 under §49.04(d). For drivers under 21, any detectable amount of alcohol supports a DUI charge under the Alcoholic Beverage Code §106.041 — that’s a different statute from DWI and carries different penalties. A DUI is classified as a Class C misdemeanor, the same level as a traffic ticket, although it should be taken much more seriously.
The chart below approximates blood alcohol concentration based on body weight, gender, and number of standard drinks consumed within a given time. It’s a guide, not a defense — actual BAC depends on metabolism, food intake, hydration, and what was actually consumed. Officers don’t charge based on this chart, and neither does the lab. An individual’s tolerance for alcohol also plays a role. Picture someone who has just consumed their first beer ever. That person could register as a .02 BAC but might perform poorly on field sobriety tests due to the infrequent use.
| Drinks / Hours | 100 lb (M/F) | 140 lb (M/F) | 180 lb (M/F) | 220 lb (M/F) |
|---|---|---|---|---|
| 1 in 1 hr | .02/.03 | .01/.02 | .00/.01 | .00/.00 |
| 2 in 1 hr | .06/.07 | .04/.05 | .03/.03 | .02/.02 |
| 2 in 2 hrs | .03/.04 | .02/.03 | .01/.02 | .00/.00 |
| 3 in 1 hr | .10/.12 | .07/.08 | .05/.06 | .04/.05 |
| 3 in 2 hrs | .08/.10 | .05/.06 | .03/.04 | .02/.03 |
| 4 in 2 hrs | .12/.15 | .08/.10 | .05/.07 | .04/.05 |
| 4 in 3 hrs | .10/.13 | .06/.08 | .03/.05 | .02/.03 |
| 5 in 2 hrs | .16/.19 | .10/.13 | .07/.09 | .05/.07 |
A standard drink is 12 oz. of 5% beer, 5 oz. of 12% wine, or 1.5 oz. of 80-proof spirits. Most cocktails contain more than one standard drink. Most “shots” are pours over 1.5 oz. The body eliminates roughly .015 BAC per hour.
What this means for defense: BAC at the time of driving is what matters, not BAC at the time of testing. A two-hour gap between stop and blood draw can swing the actual driving-time BAC significantly — that’s the rising-curve / falling-curve argument, also known as “extrapolation.” Cases have been resolved on this argument alone. Every case is fact-specific.
Texas DWI penalties scale by offense history, BAC, and aggravating factors.
These are the statutory ranges. Actual outcomes depend on prior history, the strength of the State’s evidence, plea negotiations, and the legal challenges raised. Our firm has resolved felony DWI charges in Texas, the majority of which get reductions to lesser misdemeanor offenses with time served or deferred adjudication to avoid a conviction altogether. Every case is fact-specific.
If you’ve read older Texas DWI guides — including some still online — you’ve probably seen references to annual surcharges of $1,000 to $2,000 per year for three years following a DWI conviction. Those surcharges no longer exist in Texas.
The Texas Legislature passed HB 2048 effective September 1, 2019, which abolished the Driver Responsibility Program in its entirety. The program was widely criticized for putting low-income drivers into license-suspension cycles they couldn’t escape, and in 2019 it was repealed.
What replaced it:
This change matters in two ways. First, the total post-conviction cost of a Texas DWI dropped by roughly $3,000 to $6,000 compared to pre-2019 outcomes. Second, any DWI guide still quoting Driver Responsibility surcharges is at least seven years out of date — and so is any defense strategy built around “you’ll need to take a plea to avoid the surcharges.” That argument hasn’t been valid since 2019.
License suspension periods are unchanged. Court costs, ignition interlock fees, insurance increases (SR-22), and DPS reinstatement fees are unchanged. The deletion is the surcharge layer specifically.
Step-by-step, here’s what most Travis County DWI arrests look like from the stop forward:
1. The stop and field investigation. Officer makes contact based on reasonable suspicion, asks about drinking, requests field sobriety tests. The Standardized Field Sobriety Tests (SFSTs) are voluntary in Texas. Attorneys have different positions on whether or not to participate in these FSTs. Our position is — if you know yourself well enough to be sure that you can knock out a “one-legged stand” or “9-step walk-and-turn” like a rockstar, then go for it. That’s good video evidence we can utilize later to argue that your physical faculties are intact. If in doubt, better to respectfully decline.
2. Arrest and chemical test request. If the officer determines probable cause for DWI, which they usually will, the arrest follows. The officer will then read from a confusing list of instructions before requesting a specimen of your breath or blood. Refusing to voluntarily provide a sample of your breath or blood triggers automatic license suspension under the implied consent statute (Transportation Code §724) — but it also triggers the warrant process. Most Travis County DWI arrests now involve a warrant for blood, signed by a 24-hour magistrate, to be drawn at a hospital or by a phlebotomist at the jail.
3. Booking at Travis County Jail. Defendant is processed, photographed, fingerprinted. License is physically taken (although sometimes the jail forgets) — and replaced with a Notice of Suspension / Temporary Driving Permit (DIC-25) that’s good for 40 days from the date of arrest. That notice acts as your driver’s license for the next 40 days.
4. Magistrate. Within 48 hours for a felony, and 24 hours on a misdemeanor, the defendant is brought before a magistrate judge for the reading of charges, setting of bond, and continued alcohol monitoring considerations. Most first-time DWI bonds in Travis County range from $1,500 to $7,500 — typically posted through a surety bondsman.
5. The 15-day ALR window starts ticking. From the date of arrest, the defendant has exactly 15 days to request an Administrative License Revocation (ALR) hearing through the Texas Department of Public Safety. Miss the window, the suspension goes through automatically. (See ALR section below.) Requesting an ALR hearing is not the right move for every case. Based on your driving needs and schedule, we make a decision unique to your set of facts whether an ALR hearing is the right move for you.
6. First court setting. Typically 4 to 8 weeks after arrest. The County Attorney’s Office handles misdemeanor DWIs in Travis County; the District Attorney’s Office handles felony DWIs. The first setting is usually administrative and can be handled without a physical appearance if you have retained an attorney. Before the next court setting the defense should begin to receive discovery (police reports, bodycam, blood test records) to begin locking down your defense.
7. Discovery review and motion practice. The defense reviews bodycam, calibration records on the breath instrument, blood-test chain of custody, and the officer’s narrative for inconsistencies. Motions to suppress evidence are filed when the stop, the arrest, or the testing procedure show legal and constitutional defects.
8. Plea or trial decision. DWI results in Texas depend heavily on the ability of your counsel to assess the discovery, understand all available programs in each county (for example, the DWI Pretrial Diversion program in Travis County), and knowledge of upfront tasks to give the client to give him or her the best shot at dismissal. The facts of some cases render a dismissal unattainable in the pretrial process, which is when we have a serious talk with our client about the cost/benefit analysis of negotiating a plea vs. taking the case to trial.
We take pride in already having a preliminary defense strategy in place before you ever step into our office. We will have reviewed the probable cause affidavit ahead of time so we can use our consultation time wisely instead of you having to rehash every play-by-play moment of the arrest.
The single most common mistake in Texas DWI cases happens before the criminal case even starts: missing the 15-day ALR window in cases where we determine that there may be serious deficiencies with the reasonable suspicion for the stop or probable cause for arrest.
The ALR is a separate, civil license-suspension proceeding administered by DPS. It’s distinct from the criminal DWI case, and the deadlines run independently. From the date of the arrest (or the date the notice was served, in some refusal cases), the defendant has 15 calendar days to request a hearing in writing.
Request the hearing on time, and:
Miss the 15-day window, and:
The firm includes ALR representation in the flat fee for any paid-in-full DWI case. Standalone ALR representation is $1,500. If you’ve been arrested for DWI in any of the 10 counties the firm practices in, calling within those 15 days matters more than almost any other early decision.
There’s no single “DWI defense.” There’s a sequence of questions the defense asks, in order, and where the State’s evidence breaks down is where the case gets challenged.
1. Was the stop legal? The Fourth Amendment requires reasonable suspicion of a traffic violation or criminal activity to support a stop. If the dashcam shows no swerving, no equipment violation, no lane departure — and the officer’s report claims otherwise — that’s a motion to suppress issue. If the stop is suppressed, everything that followed (field sobriety tests, breath/blood results, officer observations) goes with it. Cases have been dismissed on this alone.
2. Was the field investigation lawful? Once stopped, was there reasonable suspicion to extend the stop into a DWI investigation? Was Miranda issued before custodial interrogation? Were the SFSTs administered according to NHTSA standards? The Walk-and-Turn and One-Leg-Stand tests have specific instruction requirements — when officers cut corners, the test results lose evidentiary weight.
3. Were the SFSTs reliable? The Horizontal Gaze Nystagmus test is roughly 77% accurate per NHTSA’s own validation studies. Walk-and-Turn is 68%. One-Leg-Stand is 65%. That means up to roughly one in three sober people fail these tests. Add factors like fatigue, anxiety, inner-ear issues, footwear, road slope, and weather — accuracy degrades further. SFST results are challengeable, not gospel.
4. Was the breath test reliable? Texas uses the Intoxilyzer 9000 as the current breath instrument. It requires temperature-stable conditions, a 15-minute observation period before testing, and proper calibration logs. When the calibration log is missing or out of compliance, the breath result is excludable. The 15-minute observation period is frequently truncated.
5. Was the blood draw lawful and the chain of custody intact? Most modern Travis County DWI arrests involve blood. The blood draw must be authorized by a warrant (or one of the narrow consent or exigent-circumstances exceptions). Chain of custody from draw to lab to testimony must be unbroken. Vials get mislabeled, refrigeration logs get lost, lab analyst certifications expire. Each break is a defense issue.
6. What does the bodycam actually show? The bodycam is the single most important piece of evidence in most DWI cases. The officer’s narrative often describes things the bodycam doesn’t show, or shows them differently than written. A defendant who “swayed and stumbled” on the report may walk steadily on video. The defense reviews every frame. It’s astonishing the lack of consistency between the officer’s offense report vs. what we can see with our own eyes on the bodycam/dashcam video.
The motion to suppress is the primary tool. The firm has obtained dismissals on possession of controlled substance and DWI charges through motions to suppress evidence obtained from unlawful stops and searches. Every case is fact-specific.
Travis County operates a DWI Court program for selected repeat-offender cases, run through the County and District Courts in coordination with Travis County Counseling and Education Services (TCCES). The program substitutes intensive treatment, frequent testing, and judicial supervision for traditional incarceration on qualifying cases.
Eligibility is selective. It is not available for every defendant or every case, and entry is by referral, not request. The firm evaluates whether DWI Court is the right path for a given case during the early review. The intensive program is the right call for some defendants, the wrong call for others.
For first-time misdemeanor DWIs, Travis County does offer pretrial diversion as a possible option for DWI resolution, with some caveats that change periodically. For the most part, a defendant is disqualified from the program if he or she has an alcohol-related criminal history, has a BAC result of .20 or higher, or was involved in a collision.
The Travis County Counseling and Education Services office administers required alcohol education and drug-testing programs for DWI probationers. Their courses are referenced in most Travis County DWI plea agreements and probation orders.
Two costs to think about: legal fees and total post-conviction exposure.
| Charge | Flat fee | Includes |
|---|---|---|
| First DWI (Class B) | $5,000 | ALR representation included |
| Second DWI (Class A) | $6,000 | ALR representation included |
| Felony DWI (Third or higher) | $7,500 | ALR representation included |
| Standalone ALR (no criminal case) | $1,500 | ALR only |
Flat fees mean no hourly billing, no per-court-appearance charges, no surprise invoices. The fee covers the case from first consultation through disposition. Payment plans are available.
A Texas DWI conviction creates costs beyond the legal fee. For a first-time DWI conviction, expect:
A first DWI conviction with no aggravators typically costs $8,000 to $12,000 in total post-conviction costs over the probation term. With aggravators (high BAC, child passenger, accident), the number climbs. Hiring the right attorney can often pay for itself when you take all the added costs of conviction into consideration.
The dismissal-vs.-conviction math runs heavily in favor of dismissal whenever there’s a credible legal challenge available — which is one reason the firm’s process is built around finding those challenges before the first plea offer arrives.
Texas distinguishes between expunction (arrest records no longer visible, records destroyed) and nondisclosure (the case is sealed from public view but still exists in law-enforcement and licensing-agency databases).
Expunction is available when:
Expunction is not available for a DWI conviction. Once convicted, the conviction stays.
HB 3016, effective September 1, 2017, made first-time misdemeanor DWI convictions eligible for nondisclosure under specific conditions:
When eligible, nondisclosure removes the conviction from public-facing background checks (employers, landlords) but keeps it visible to law enforcement. It’s not the same as expunction, but for most first-time defendants it’s the available path forward.
| Service | Fees from | Notes |
|---|---|---|
| Expunction (Travis County) | $1,900 | |
| Expunction (outside Travis) | $2,500 | |
| Nondisclosure / sealing | Quote on consultation | Depends on case complexity |
Kenneth Hines leads the firm’s expunction practice. Hundreds of expunctions have been granted since 2023 across the firm’s 10-county footprint.
For most jobs, no — there is no automatic notification of an arrest or conviction to employers in Texas. The employer learns about a DWI through background checks they run themselves, not through any State notification.
Notification or licensing concerns apply to specific roles:
If your employment is in any of these categories, the conversation with your defense attorney needs to include the licensing implications from day one, not after the criminal case resolves. The strategy on a “save the license” case is different from the strategy on a “save the job” case.
Most criminal defense firms in Texas — including the high-visibility ones a Google search returns for “Austin DWI lawyer” — are solo operations. One attorney, support staff, and a caseload that depends on volume. Or a lead attorney who hasn’t seen the inside of the Courthouse for years. The Law Office of David D. White, PLLC is structured differently.
The three-attorney team:
Three attorneys means three perspectives on every active case. When a motion to suppress is filed, the legal arguments get reviewed by three sets of eyes before they’re submitted. When a plea offer comes in, three attorneys evaluate it against the strength of the evidence. When David is in trial in Travis County and your case sets in Williamson, Taylor or Kenneth covers — with the full case file in front of them, not a five-minute hallway briefing.
The firm does not take court-appointed cases. Every client is a retained client. That distinction matters: court-appointed practice is necessarily volume-driven — compensation per case is fixed and low, so the practice that survives on it has to move cases through the system at scale. Retained-only practice removes that pressure. Every case gets weekly attention from three attorneys, reviewed in person, with the time and resources required to push for the right outcome rather than the next disposition on the docket.
What this means in practice:
This is a structurally different practice from a solo firm, and on most cases it produces a different kind of attention.
A small set of past results, framed under DR 7.02 — these are not predictions for any individual case. The full client-written reviews behind several of these outcomes are public on Google and on the firm’s testimonials page — including detailed accounts of the work that produced them.
Felony DWI → Class B misdemeanor with time served. Client Darryl Ross was facing a felony DWI with the District Attorney’s Office initially recommending five years prison. The case worked through two years of investigation, motion practice, and negotiation before resolving as a Class B misdemeanor for collision with vehicle damage under $200, with five days of time served credited and no fines or court costs. Client interviewed three other attorneys before retaining the firm; all three told him to expect prison. Every case is fact-specific.
DWI dismissed — driving record and career preserved. Client Shannon Skolaut’s DWI charge was dismissed, preserving her driving record and her career. Every case is fact-specific.
Second DWI — favorable outcome. Client Nathan Ribner’s second DWI charge was resolved with a favorable result. Every case is fact-specific.
Motion to suppress on Fourth Amendment grounds — case dismissed. Client Kiet Nguyen’s case was dismissed after a year-and-a-half-long fight that turned on a Fourth Amendment violation. The motion to suppress was the lever that ended the case. Every case is fact-specific.
DWI reduced to Reckless Driving. Client Ryan Hillin’s DWI was negotiated down to a Reckless Driving disposition, which carries no DWI conviction and no associated license consequences. Every case is fact-specific.
The firm has obtained 1,000+ dismissals across all charge types since 2020. Past results are not necessarily an indication of a future result for any prospective client. The smallest details surrounding a case can impact available legal options and outcomes.
Most DWI arrests in the Austin metro are out-of-county arrests. Someone driving home from Austin gets stopped on I-35 in Williamson, on Highway 290 in Lee County, on 183 in Caldwell, on Highway 71 in Bastrop. The case files in the county where the arrest happened — not the county the defendant lives in. That matters because a DWI in Williamson County is a DWI under Williamson County’s prosecution practices, not Travis County’s.
The firm practices in:
Each county has its own prosecutor’s office, its own bench, its own plea practices. The firm has obtained dismissals on corridor cases through motions to suppress in multiple counties. Every case is fact-specific.
For an out-of-county DWI, the strategy generally starts with the same core questions — was the stop legal, was the field investigation conducted properly — and then gets calibrated to the local court culture. A motion that gets a hearing in Travis may need different framing in Bell County, and vice versa.
A license suspension is triggered automatically if you fail the breath/blood test (.08 or higher) or refuse it. The suspension can be stayed by requesting an ALR hearing within 15 days of arrest. Miss that 15-day window and the suspension goes through. The criminal conviction itself can also trigger a separate suspension on top of the ALR.
“DUI” in Texas refers specifically to the under-21 alcohol-while-driving offense under the Alcoholic Beverage Code §106.041 — any detectable alcohol triggers it. “DWI” is the Penal Code §49.04 offense applicable to all ages and requires intoxication (loss of faculties or .08+ BAC). DUI is a Class C misdemeanor; DWI is at least Class B and scales up.
There’s no universal answer. Refusing extends license suspension and triggers a warrant for blood. Submitting locks in a number that may or may not be defensible. Generally, if you are arrested in a county that will most likely seek a blood warrant in the event of a refusal, unless you deem yourself extremely intoxicated, it’s not a bad idea to consent to a breath test. The best decision depends on what was actually consumed, when, and what the officer has already documented. This is a question to discuss with an attorney before the next arrest, not after.
A DWI conviction stays on your record permanently unless sealed under HB 3016 (first-time, BAC under .15, completed probation, no other convictions, waiting period satisfied). A DWI arrest that ended in dismissal or acquittal can be expunged — the record is destroyed.
Yes — repeatedly, in cases where the stop was unlawful, the testing procedure was flawed, the warrant was defective, or the chain of custody broke. High BAC makes the case harder, not impossible. The firm has resolved DWI cases with BAC well above .15 through suppression motions and trial. Every case is fact-specific.
Texas allows pro se representation, but a first-DWI conviction creates a permanent record, license suspension, ignition interlock requirement, insurance SR-22 obligation, and potential employment impact. The legal fee on a first DWI is meaningfully smaller than the lifetime cost of a conviction.
Refusing SFSTs is your right in Texas. The officer may use the refusal as a basis to ask for breath/blood, but the refusal itself isn’t admissible against you the way a failed test would be. Most criminal defense attorneys recommend declining SFSTs.
Yes, depending on the disposition and the immigration status. A DWI conviction can be a factor in admissibility, removal, naturalization, and visa renewal — especially DWI with a child passenger or felony DWI. Non-citizens facing DWI charges should ensure their defense attorney coordinates with an immigration attorney.
Miranda applies to custodial interrogation — questioning after you’ve been arrested. It doesn’t apply to roadside questioning during the initial investigation. A Miranda violation excludes the post-arrest statements but doesn’t dismiss the underlying case automatically.
15 calendar days from the date of arrest (or from service of notice in some refusal cases). This deadline is not extended for weekends, holidays, or any other reason. Missing it forfeits the hearing.
A bond forfeiture is filed, a warrant is issued, and the bond is potentially revoked. Missing court compounds an already difficult case. If you’ve missed a setting, calling defense counsel before law enforcement finds you is the correct move.
Yes. A DWI conviction triggers SR-22 filing for three years and typically doubles or triples insurance premiums during that period. The post-conviction insurance increase often exceeds $3,000 over three years, which is a real component of the total cost calculation.
You can. People do. The outcomes are statistically worse than represented outcomes, the procedural traps are numerous, and the long-term cost of a conviction (insurance, license, employment) typically exceeds the legal fee by a factor of 2 to 5. Self-representation in DWI cases is rarely a good math.
Texas DWI law covers any substance that impairs the normal use of mental or physical faculties — including legally prescribed medication. Prescription cases turn on causation (was the impairment from the medication), warnings (did the prescriber warn against driving), and the State’s ability to prove intoxication beyond a reasonable doubt without alcohol levels.
A DWI with a passenger under 15 is automatically a state jail felony under Texas Penal Code §49.045, regardless of BAC level or prior history. It carries 180 days to 2 years state jail and a fine up to $10,000. It also typically triggers a CPS investigation. These cases require a different defense posture from standard misdemeanor DWI from day one.
If you’ve been arrested for DWI in Travis County or any of the surrounding 9 counties, the calendar matters more than almost anything else in the first two weeks. The 15-day ALR window starts running on the day of arrest. The firm answers calls 24/7.
Phone: 512-369-3737
Email: legalassistant@wm-attorneys.com
Austin office: 608 W 12th St, Suite B
Georgetown office: 706 Rock St
Free initial consultation. The Probable Cause Affidavit is obtained and reviewed before that consultation, so the conversation is grounded in the actual evidence in your case — not assumptions.
This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626