We help good people facing drunk driving charges around Austin, TX.
Arrested for DWI in Austin, Travis, Williamson, Bastrop or Hays County? Don't risk facing maximum fines, jail time, and a criminal record. Get the legal defense you deserve with Jason S. English Law, PLLC.
Experienced DWI Defense Attorneys
Jason S. English, a former prosecutor, knows the legal system inside and out. Our team has extensive experience handling DWI cases and understands how the prosecution builds cases in Travis, Williamson, and Hays Counties. This gives us a unique advantage in crafting a strategy that maximizes your chances of a favorable outcome.
Our #1 Goal: Dismissal
We work tirelessly to get you the best possible result—whether that's a dismissal or a reduction in charges. With years of experience, we know what it takes to defend you effectively.
Why Choose Jason S. English Law?
- Free Case Review & Quote: Get started with no cost to you.
- Payment Plans Available: Affordable options to fit your budget.
- Local, Award-Winning Law Firm: Serving Austin and surrounding counties.
- Experienced Team: Former prosecutors with extensive DWI defense experience.
Time is Critical
Every day counts when it comes to defending your DWI case. Don't wait—call now and start building your defense on day one!
Call 512-454-7548 for your Free Case Review Today!
Defending Your Rights, Protecting Your Future - Your Trusted Austin DWI Lawyer
If you are facing a DWI charge in Austin, you need a skilled and experienced attorney who will vigorously defend your rights and protect your future. At our law office, we understand the seriousness of a DWI charge and the potential consequences it can have on your life. Our team of legal professionals is dedicated to providing aggressive and effective representation to individuals charged with DWI offenses in Austin and the surrounding areas. With our experience, knowledge, and resources, we will work tirelessly to achieve the best possible outcome for your case.
A person commits the offense of Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated. Public places include private property that is open to the public. The law applicable for DWI offenses is in Chapter 49 of the Texas Penal Code. So if you get a DWI in Austin, the same state law applies to cases in San Marcos, Round Rock, Georgetown, Dripping Springs and every other city in Texas. While the DWI law is the same throughout the State of Texas, each prosecutor office will vary in the plea bargains offered.
Jason S. English Law PLLC has a library of free material and Frequently Asked Questions for DWI and Drunk Driving Cases available for you to download or read.
Talk to an expert DWI lawyer in Austin as soon as possible to discuss your defense strategy options.
What is the difference between DWI and DUI in Texas.
DUI everywhere else is simply called DWI in Texas. However, minors under 21 years old that have any detectable evidence of alcohol while driving can be charged with Driving Under the Influence – Minor. The offense is only a Class C Offense and does not require proof of intoxication, just any detectable amount of alcohol. However, a person that is operating a motor vehicle while intoxicated will be charged with DWI regardless of their age.
What are the penalties for DWI?
A first offense DWI is typically a Class B Misdemeanor which includes jail term for up to 180 days and a fine not to exceed $2000. A second DWI is typically a more serious Class A Misdemeanor that has the maximum penalty of one year in the county jail and a fine not to exceed $4000. A third DWI is a felony offense of the 3rd Degree, with a range of punishment in the Texas Department of Corrections for a term of 2-10 years prison and a fine not to exceed $10,000. However, a first DWI with an alcohol concentration of 0.15 or above is a Class A Misdemeanor. Also, a DWI with a child passenger younger than 15 years old is a State Jail Felony Offense with the maximum term of confinement being 180 days to two years, day for day and a fine not to exceed $10,000. Intoxication Manslaughter is a DWI that causes the death of another; is a Second Degree Felony with a term of confinement of 2-20 years and fine not to exceed $10,000. A DWI that causes serious bodily injury to another is charged as Intoxication Assault and is a 3rd Degree Felony.
Consequences for Professionals Requiring Licenses
A DWI conviction can be devastating for individuals in careers that require professional licenses, such as commercial drivers or healthcare professionals. Commercial drivers face immediate license suspension and, due to strict Texas Department of Public Safety (DPS) regulations, potentially lose their livelihood. A conviction may also result in costly fines, higher insurance rates, and job termination.
Healthcare professionals risk disciplinary actions from licensing boards, which could result in suspension or even revocation of their licenses. These consequences often extend beyond the legal realm, damaging reputations and career prospects.
How a DWI Conviction Could Wreck Your Driving Record and Spike Insurance Rates in Austin
A DWI conviction in Austin can have severe and lasting consequences, not just legally but also on your driving record and insurance rates. Austin DWI lawyers know that a DWI conviction under Texas DWI law often results in a driver's license suspension, a criminal record, and significantly increased insurance premiums. In many cases, insurance companies view a DWI offense as a sign of high risk, leading to a dramatic spike in DWI costs associated with maintaining coverage.
For first-time DWI offenders, the impact on your driving record can be catastrophic. A DWI conviction in Austin, TX, whether it's a Class B Misdemeanor or a Felony DWI, stays on your record for years, affecting your ability to secure affordable insurance rates. Experienced Austin DWI attorneys emphasize the importance of seeking quality legal representation to potentially avoid these long-term repercussions.
Travis County and the Austin Police are known for their strict enforcement of DWI laws. DWI arrests lead to court costs, legal fees, and often, DWI probation or jail time. A strategic DWI defense from experienced DWI lawyers can be critical in navigating the complex DWI proceedings under the Texas Penal Code. DWI charges not only affect your insurance but also your overall life, including employment opportunities.
A conviction can lead to the installation of an ignition interlock device, mandatory alcohol education classes, and other alcohol-related offenses being added to your record. Austin DWI attorneys are skilled in challenging field sobriety tests, blood alcohol concentration results, and the actions of police officers during a DWI arrest. Their goal is often to achieve a DWI dismissal or at least reduce the charges, which can significantly affect your insurance rates and keep your driving record clean.
If you're facing a DWI charge in Austin, securing the best DWI lawyers in Austin is crucial. Experienced DWI attorneys offer a free consultation to discuss your case and outline a defense strategy aimed at minimizing the damage to your driving record and reducing the DWI costs you might incur.
What is intoxication?
Intoxication is defined as either not having the normal use of mental or physical faculties by the introduction of alcohol, drugs, dangerous drug, controlled substances or any combination thereof or an alcohol concentration of 0.08 or more. It is important to keep in mind that Texas is a “while driving” state. So any later in-time measurement of an alcohol concentration will need to relate back to the time of driving.
The typical proof of intoxication submitted to the jury is more than just the Standardized Field Sobriety Tests. The reason for the stop could be presented as evidence of a lack of physical or mental faculties if it is dangerous and correlates more with a person being drunk; consider a person driving the wrong way or operating a car without lights at night. The first evidence may not be the reason for the stop, but clues afterwards. Consider the reason for the stop being speeding - Nothing inherently correlates speeding with intoxication. In that situation, the first evidence of any intoxication may come in the testimony of the officer about the accused red, blood shot eyes, smell of alcohol, or confusion.
After a police officer makes contact with an individual suspected of driving while intoxicated in Austin, TX, they will start a battery of standardized field sobriety tests to determine if someone is intoxicated. These tests are critical in DWI cases but must be performed precisely to be reliable. Even when performed perfectly by the Austin police, the correlation between these tests and a person's blood alcohol concentration (BAC) of 0.10 is not always accurate. For example, the Horizontal Gaze Nystagmus (HGN) or eye test, which is often used in DWI arrests, produces clues of intoxication when the officer notices the eyes jerk or not move smoothly. However, such clues only correlate correctly to a BAC of 0.10 about 77% of the time when done perfectly, making it unreliable 23% of the time.
Similarly, the 9-Step Walk and Turn Standardized Test, commonly used in DWI charges, is only reliable when administered perfectly at a rate of 68%. Furthermore, the One-Leg Stand Standardized Field Sobriety Test, another tool used by Austin DWI lawyers to challenge DWI convictions, is only reliable 65% of the time when administered correctly. These reliability issues are crucial for experienced DWI attorneys and criminal defense attorneys to highlight during DWI proceedings.
Given that the prosecution has the burden of proof in a DWI case, these inconsistencies can be pivotal in a strategic DWI defense. Experienced Austin DWI attorneys know that challenging the validity of these tests can lead to a DWI dismissal or at least reduce the DWI charges. Ensuring that you have an experienced DWI lawyer who understands the nuances of DWI laws and the Texas DWI law is essential for mounting an effective defense and protecting your driver's license and criminal record.
What if I refuse a blood/breath test?
Upon arrest for a DWI Offense, the officer will request that you provide a specimen of your breath, blood or urine for an analysis to be done. Chapter 724 of the Texas Transportation Code sets out the law relating to such. If a person refuses to provide a specimen their license or privilege to drive will be suspended for 180 days. If a person provides a specimen that is above 0.08 such specimen failure will result in their license or privilege to drive being suspended for 90 days. Keep in mind, if a person refuses law enforcement frequently seek a search warrant for evidence of the crime – the blood for analysis. If an accident with serious bodily injury is involved, a blood sample will be taken without need of a warrant.
How will I get to work if my license is suspended?
If your license is suspended it is possible to get an occupational driving license that will allow you to drive for work, school and to take care of necessary household duties/chores. We file a separate civil lawsuit in the form of a petition for an occupational license. If the judge grants the license, you will be able to drive a maximum of 12 hours a day with a log book documenting times and locations, unless the judge puts stricter limits on days, times, and allowable places for your driving. However, a person cannot drive a commercial vehicle with an occupational license.
What will my sentence be for DWI?
In many cases the DWI charge will result in a period of probation, with some days jail as a possible condition. Unlike most offenses in Texas, a person charged with a DWI cannot be placed on a period of Deferred Adjudication. The period of probation will depend on whether the offense is a misdemeanor or a felony. For a misdemeanor, the probation will typically be between 18 months to 2 years long. For the felony offenses of having at least two prior DWI convictions, probations would not exceed 10 years. However, probation for a DWI with child passengers will not exceed 5 years of state jail felony probation.
The facts of the underlying case, as well as, as the previous criminal history of the accused will typically influence the prosecution's plea-bargain offer in the case. A person with a worse criminal record will not have as many options compared to first time offender. Additionally, a person who cooperated with the police will often be availed of more options in terms of a plea bargain. For example, Travis County Attorney's Office does offer a Pre-Trial Intervention or Diversion program that ends up with a dismissal after a year of compliance with wearing an ankle scram alcohol monitor and complying with other conditions. However, if someone refused tests, did not cooperate or had an alcohol concentration above a 0.15 such facts will keep an applicant from being accepted into such diversion program.
If the case involved an accident, it will be important that any damages were paid either via insurance or out of pocket. In cases where there was an accident but no insurance coverage, an accused might be looking at a long period of probation to afford them enough time and supervision to make whole and repay others affected by a DWI accident in monthly payments. However, in that same situation, if a person does not have insurance or any ability to pay for the damages, that person would most likely be offered a plea bargain involving lengthy jail or prison time.
By contacting our law office in Austin and speaking with a DWI defense attorney, you can gain a better understanding of the potential strategies available to you and receive professional legal guidance on how to proceed with your case. This can increase your chances of successfully defending against a DWI charge and potentially reducing or avoiding the penalties associated with such an offense.
Will I have an ignition interlock installed in my car or truck?
After arrest and while on bond during the pendency of the case, Interlock devices are mandatory on subsequent DWI's, but discretionary on part of judge's determination for first offense DWI's. As a condition of probation, an interlock will be mandatory if a subsequent DWI or a first DWI with an alcohol concentration of 0.15 or greater for a period of at least half the term of probation. If the probation is for a DWI first without an allegation of 0.15 alcohol concentration or higher, the installation of an interlock device is at the judge's discretion. At times we have voluntarily modified bond conditions while the case is pending to include an interlock as part of a plea bargain to get a better plea agreement. Often the judge will give credit for the interlock being installed during bond in calculating the time requirements for any interlock probation conditions.
Will my license be suspended upon being convicted of DWI?
Your license or privilege to drive might be suspended by the Texas Department of Public Safety upon a DWI conviction for a period not to exceed two years. However, we ask and judges routinely will give credit for any period of ALR suspension that happened 40 days after your arrest for any test refusal or test failure. Again, you can seek out an occupational driver's license during that period of time. Other administrative penalties include reinstatement fees to DPS to get your driver's license back, and well as surcharges for certain offenses according to the Texas Driver Responsibility Program. Depending on the facts of the case, the surcharge will be $1,000 - $2,000 per year for three years.
What do I do after arrested for DWI?
When released after an arrest for DWI, we will guide you on what to do next. There is no reason to wait to complete the legislatively-mandated 12 hour DWI class for first offense DWI's. Often it will be condition of either the case or a condition to get your driving privilege reinstated. Further, our clients get better plea bargain offers when they have done the class up front. Next be thinking about providing our office letters of recommendation on your behalf that better provide a picture of who you are, compared to the DWI arrest. Often the same goes for volunteering and performing community service hours – they are likely a condition and will serve to get a better offer from the prosecutor when done up front. However, see the community service log on our resources page to document and provide proof of any hours performed.
How long will my DWI case take?
What to expect timewise – the whole process is slow. Quick cases are often resolved in 6 months and many take longer. Often we will appear in court and have the case reset. While it may not be the most convenient, it is working in your favor. It never hurts to put some age on a criminal case. The entire period of being out on bond with such conditions provides time to demonstrate that you are not likely to get in trouble and helps to reassure the prosecution and court that you are in fact low risk. Proving that you are not likely to ever reoffend helps get the best resolution of your case.
Call us today for a free consultation and help with your DWI/DUI arrest. 512-454-7548
DWI FAQ's
What are reasons to hire a DWI defense lawyer who is a former prosecutor?
When it comes time to select a DWI defense attorney, consider a former prosecutor who has experienced the “other side” of the courtroom. A former prosecutor's unique and often extensive courtroom experience and working relationships can serve to benefit clients. Click here to learn more.
What are 7 ways to protect your future after a DWI?
Driving while intoxicated (DWI) convictions often stay on a person's record for many years, leading to more complications. However, there are several ways to protect your future after a DWI. Click here to learn more.
How will a DWI impact my professional license?
In addition to being aware of possible criminal penalties, knowing how DUI/DWI affects a professional license is important to people who drive for a living. The consequences can have far-reaching impacts beyond the other types of penalties a driver may face. DUI cases are for those under 21 and have different rules than DWIs in Texas. A DWI conviction can have a much more significant impact on a person's life. Click here to learn more.
Can you get back on track after a DWI?
Yes. While getting arrested for driving while intoxicated (DWI) in Texas can disrupt your life in many ways, especially if convicted, you can get your life back on track. Those who serve time in jail may have lost their jobs as a result. A license suspension can also affect employment, as it may make commuting to work difficult or nearly impossible, in some cases. In addition, a criminal record for a DWI conviction can make it difficult to find new employment. However, a DWI conviction does not have to have lifelong consequences. There are ways to get back on track after a DWI. Click here to learn more.
What are the consequences of a second DWI in Texas?
While every case is different, the law states that a second DWI in Texas is a Class A misdemeanor, and the penalties will increase, including up to a year in jail, a $4,000 fine, and a driver's license suspension for two years. Click here to learn more.
What are the steps to take after a DWI arrest?
Following a DWI arrest, the individual should consider seeking some type of legal help. These charges remain serious and failing to follow the necessary steps may lead to jail time, hefty fines, and lost driving privileges. Click here to learn more.
What are the most important questions and answers I should know regarding DWI in Austin, Texas?
You should know about the DWI penalties, whether you should submit to a breathalyzer, whether you will lose your license, whether your car insurance will be affected, or if you can get out of a DWI in Texas. Learn more by clicking here.
What are my rights during a DWI traffic stop?
In addition to the right to remain silent, Texas drivers have the following rights: The right to refuse a field or chemical test and the right to decline a vehicle search. Click here to learn more.
How do I find the Right DWI Lawyer in Austin, Texas?
The state of Texas prosecutes DWI charges aggressively. Even the first conviction could have a negative impact on your life for many years to come. Therefore, it helps to know how to find a DWI lawyer in Austin, Texas. Make sure to ask the right questions to ensure that your DWI lawyer in Austin, Texas can help protect your legal rights. Click here to learn more.
Should I fight my DWI charge?
There are many different factors to consider when looking for weaknesses in the prosecution's case to create doubt and possibly even have the DWI charges reduced or dismissed. Visiting with an experienced criminal defense attorney can help you better understand your legal rights in your specific circumstance. In the meantime, read our blog article that discusses when someone should and should not attempt to fight a DWI charge. Click here to learn more.
Can I seal my DWI record to clean up my criminal background?
Since 2017 Texans can apply for nondisclosure orders to seal specific criminal records, uch as DWI's. Click here to learn more.
What are the legal consequences of an Austin, Texas DWI with a child in the car?
Driving under the influence of drugs or alcohol with a child in the car carries with it serious felony consequences. The enhanced penalties for driving while intoxicated when a child is in the car, according to the Texas Department of Transportation, can include an additional charge of child endangerment, an additional fine of up to $10,000, up to two years in jail, as well as, an additional 180 days without a driver's license. Click here to learn more.
Just because you're arrested doesn't mean that you're guilty, but it does mean that you need to build a good, solid defense. Give us a call at 512-454-7548 now if you've been unfairly accused or if you have a lot to lose.
Jason S. English has been recognized as one of the top Criminal Defense Lawyers in Austin.
If you are have recently been arrested in Austin for a DWI, you need the right lawyer to help you and protect your future. No one calls us because they have been arrested, but they call us because of what the arrest can do to their future. Jason S English Law, PLLC handles misdemeanor and felony DWI cases as a part of its practice - we know how to prepare your case to meet your goals. Call now at 512-454-7548 to get the help you need for you and your future.
DWI Defense in Austin, Texas - Call Jason S. English Law, PLLC
Arrested for DWI in Austin, Travis, Williamson, Bastrop or Hays County? Don't risk facing maximum fines, jail time, and a criminal record. Get the legal defense you deserve with Jason S. English Law, PLLC.
Experienced DWI Defense Attorneys
Jason S. English, a former prosecutor, knows the legal system inside and out. Our team has extensive experience handling DWI cases and understands how the prosecution builds cases in Travis, Williamson, and Hays Counties. This gives us a unique advantage in crafting a strategy that maximizes your chances of a favorable outcome.
Our #1 Goal: Dismissal
We work tirelessly to get you the best possible result—whether that's a dismissal or a reduction in charges. With years of experience, we know what it takes to defend you effectively.
Why Choose Jason S. English Law?
- Free Case Review & Quote: Get started with no cost to you.
- Payment Plans Available: Affordable options to fit your budget.
- Local, Award-Winning Law Firm: Serving Austin and surrounding counties.
- Experienced Team: Former prosecutors with extensive DWI defense experience.
Time is Critical
Every day counts when it comes to defending your DWI case. Don't wait—call now and start building your defense on day one!
Call 512-454-7548 for your Free Case Review Today!
Arrested for DWI? Call Jason S. English Law, PLLC for Help with Your ALR Hearing!
After a DWI arrest, you have just 15 days to request an Administrative License Revocation (ALR) hearing. Missing this deadline means your license will be automatically suspended by the Texas Department of Public Safety (DPS).
Why is the ALR Hearing Critical?
The ALR hearing is your chance to fight the suspension of your driver's license, separate from your criminal case. This hearing is a vital step in protecting your driving privileges and avoiding a lengthy suspension. Our experienced Austin DWI attorneys will help you navigate the ALR process and fight to keep your license.
Don't Risk Losing Your License
License suspension is a serious consequence of a DWI arrest. The ALR hearing gives you a second opportunity to challenge the suspension before it happens. It's essential to have a skilled attorney handle both your ALR hearing and criminal case to ensure the best outcome.
Why Choose Jason S. English Law?
- Fast Action: We'll help you meet the 15-day deadline.
- Experienced DWI Attorneys: Protect your driving privileges and defend your future.
- Personalized Approach: We'll guide you through both the ALR hearing and criminal charges.
Call 512-454-7548 Now!
Don't wait—time is running out. Contact Jason S. English Law, PLLC, today to start defending your license and your future!
Misdemeanor DWI Process
A first or second DWI charge is a misdemeanor, under most circumstances. While this may seem minor, any DWI will carry significant consequences. It's important to understand the process, so that you can know your options, including hiring an experienced attorney to take your case.
Initial Appearance or First Appearance Court Date
After being released from the Travis County Jail, the DWI defendant is given an initial appearance date or first appearance. This date is usually set about two weeks from the date the defendant was released from jail. If the defendant has retained a defense lawyer prior to the first appearance date, the lawyer can usually make the initial appearance without their client having to be present.
After this initial appearance, the DWI case will be assigned to a particular court. Typically, misdemeanor DWI cases in Austin will be assigned to a Travis County Court at Law and felony DWI cases will be assigned to a State District Court of Texas. Once the case has been assigned to a particular court, there will usually be a series of court appearances called pretrial conferences.
Pretrial Conference
Prior to a driving while intoxicated trial, there are usually several pretrial conferences in which the attorney will have the opportunity to review any police reports, gather evidence and discuss the case with the prosecutors. During this stage of the case, the lawyer will be able to obtain additional defense evidence, speak to any witnesses and research any legal issues in the case. The lawyer will likely have already requested and reviewed the DWI arrest video.
Depending upon the complexities of the case, the defense or the prosecution may request a pretrial conference with witnesses. A pretrial conference with witnesses may be requested for a variety of reasons. For example, the defense may file a motion to suppress evidence to keep certain evidence from being used against you in trial. The motion could challenge the legality of a “stop” and request the Court to suppress any evidence obtained from the resulting arrest. Such a motion will almost always require the State to subpoena the arresting officer.
Discussing a Potential Plea Bargain with the Prosecution
In Texas, most DWI cases are resolved through some type of plea agreement or dismissal. A plea bargain is an agreement between the defendant , the defense lawyer, and the prosecution, that resolves the case without having an actual trial. For example, a plea bargain might mean that a defendant agrees to plead “guilty” or “no contest” to the DWI charge in exchange for an agreed upon sentence—which is typically less or more favorable than what a defendant would receive if they were to be found guilty by a judge or a jury.
A plea bargain may also consist of pleading guilty to a different or lesser charge such as obstruction of a highway or reckless driving. It could also involve various requirements of the defendant in order for the prosecution to agree to dismiss the DWI case. A good Austin DWI lawyer will be able to review the case to see if a plea bargain should be considered.
Texas Driving While Intoxicated Trial
If a defendant has rejected all pre-trial plea offers, has pleaded not guilty and the case has not been dismissed, the case will then be set for trial. The defendant can choose to have a bench trial or a jury trial. A bench trial is a trial without a jury where the judge determines if the defendant is guilty or not-guilty. The judge makes all evidentiary rulings as well as serving as the fact-finder in the case.
In Texas, a jury trial is comprised of a panel of 6 jury members for a misdemeanor case and twelve jury members for a felony case. The jury members are residents in the county where the trial is held and are chosen through a process called voir dire or jury selection.
After the jurors are selected, the guilt/innocence phase of the trial will begin. This phase involves the presentation of evidence. Evidence in a Texas DWI case usually involves officer testimony, the DWI arrest video, evidence of blood alcohol content, etc. Witness and evidence can be introduced by both sides. The prosecutor has the burden of proving the defendant committed every element to the offense beyond a reasonable doubt, which can be a very difficult burden of proof to meet.
In order to convict a defendant, all jurors must unanimously agree the defendant is guilty beyond a reasonable doubt. If they do not all agree, the jury is called a hung jury and the judge must declare a mistrial. The case will then later be retried if the prosecutor determines to retry the case.
If the defendant is found not-guilty, they are released from the charge and no punishment is assessed. If the defendant is found guilty, the punishment or sentencing phase of the trial will then take place. This phase is used to determine the defendant's punishment for their alleged DWI offense. The defendant has the choice at this phase of the trial as to whether the judge or jury will determine their punishment.
Austin Misdemeanor DWI Lawyer
Jason English is a former Travis County Prosecutor who now is a DWI Defense Lawyer. He will work hard to defend your rights and driving privileges both in court and before the Department of Public Safety (DPS). He will take your DWI case to trial if necessary to fight your DWI case. He can also help you get your criminal record expunged when that's possible. Call 512-454-7548 to set up a free consultation.
