Austin DWI Lawyer
Challenging traffic stops, breath & blood chemical tests, ALR 15-day driver's license suspension hearings, and repeat offenses in Central Texas courts.
What the Charge Means in Texas
Under Texas Penal Code Chapter 49, Driving While Intoxicated (DWI) means operating a motor vehicle in a public place while not having the normal use of mental or physical faculties due to alcohol or drugs, or having an alcohol concentration of 0.08 or higher. Even a first arrest is a criminal misdemeanor, not a traffic ticket.
Possible Consequences in Plain Language
- Class B Misdemeanor for first offense with BAC under 0.15: up to 180 days in jail and fines up to $2,000.
- Class A Misdemeanor for BAC 0.15 or higher: up to 1 year in county jail and fines up to $4,000.
- Administrative License Revocation (ALR): 90-day to 180-day license suspension if not requested within 15 days.
- Mandatory Texas state traffic fines ranging from $3,000 to $6,000 upon conviction.
- Permanent criminal conviction that cannot be expunged unless dismissed or successfully resolved with deferred adjudication.
How Ruben Defends These Cases
1. Stop Legality & Reasonable Suspicion
We examine dashcam and bodycam video to determine whether law enforcement had a constitutional, lawful basis to pull your vehicle over.
2. Standardized Field Sobriety Test Scrutiny
Officers frequently administer HGN, walk-and-turn, and one-leg stand tests incorrectly under NHTSA guidelines. We expose procedural flaws.
3. Breath & Blood Chemical Test Challenges
We inspect lab maintenance logs, chain of custody, warrant affidavits, and blood draw protocols to challenge blood or breath alcohol readings.
4. ALR Hearing & Pre-Trial Negotiation
We file for your 15-day ALR hearing to preserve your driving privileges and cross-examine the arresting officer before trial.
Frequently Asked Questions
How long do I have to save my Texas driver's license after a DWI arrest?
You have exactly 15 calendar days from the date you received the Notice of Suspension (Form DIC-25) to request an Administrative License Revocation (ALR) hearing. If you miss this deadline, your suspension begins automatically on the 40th day after arrest.
Can I refuse a field sobriety test in Austin, Texas?
Yes. In Texas, you are not legally required to perform roadside field sobriety tests (such as following a pen with your eyes or walking a line). You may politely decline without facing an automatic statutory penalty.
What happens if I refused a breath or blood test?
Refusing a chemical test triggers an automatic ALR driver's license suspension of 180 days for a first refusal (longer for repeat refusals). In Austin, officers often apply for an electronic search warrant to compel a blood draw.
Can a first-time DWI charge in Austin be dismissed or reduced?
Yes. Depending on the evidence, stop validity, and your background, first-time DWI charges can often be negotiated down to Obstruction of a Passageway, dismissed, or resolved through Travis County diversion programs.
What is an Occupational Driver's License (ODL)?
If your license is suspended following a DWI arrest or ALR hearing, an Occupational Driver's License allows you to drive legally to work, school, and essential household tasks. Attorney Baeza can petition the court for an ODL.
Discuss Your Case With Attorney Ruben Baeza Jr.
Confidential case review. Speak directly with our Austin office to understand your defense options and court dates.