Austin DWI Lawyers

A DWI arrest can threaten your freedom, driver’s license, career, finances, and reputation before you have had time to understand what happened. BRCK Criminal Defense Attorneys represents people accused of driving while intoxicated in Austin and throughout Travis, Hays, and Williamson Counties. Our attorneys investigate the accusation, challenge the State’s evidence, and help clients pursue our broader mission of Helping People Move On With Their Lives.

DWI cases are often built around roadside observations, field sobriety tests, body-camera footage, breath testing, blood analysis, and statements made during a stressful encounter with police. None of that evidence should be accepted without careful examination.

Our Austin DWI lawyers review the entire investigation—from the officer’s first reason for making contact to the procedures used after the arrest. We look for contradictions, unreliable assumptions, testing problems, constitutional violations, and other issues that may weaken the prosecution’s case.

An arrest is not a conviction. The State must still prove every required element of the charge beyond a reasonable doubt.

Texas law generally prohibits operating a motor vehicle in a public place while intoxicated.

For purposes of a DWI charge, the State may try to establish intoxication in more than one way. Prosecutors may allege that a person had an alcohol concentration of 0.08 or higher. They may also argue that the person did not have the normal use of mental or physical faculties because of alcohol, drugs, a combination of substances, or another qualifying substance.

That means a DWI case does not always depend on a breath or blood result above 0.08. Prosecutors may attempt to rely on other evidence, including:

• Driving behavior
• Officer observations
• Field sobriety test performance
• Body-camera and dash-camera footage
• Breath or blood testing
• Statements allegedly made by the accused
• Witness testimony
• Evidence found inside the vehicle
• The circumstances surrounding a collision or police encounter

The existence of evidence does not determine whether that evidence is accurate, reliable, legally obtained, or sufficient to prove intoxication.

A police officer may interpret nervousness, fatigue, confusion, an injury, or a medical condition as evidence of impairment. A laboratory may produce a number without answering every question about how the sample was collected, stored, tested, or interpreted.

The defense must examine what the State claims happened and what the evidence actually shows.

A DWI investigation may begin with an alleged traffic violation, unusual driving, a crash, a disabled vehicle, a parked vehicle, or an officer checking on someone’s welfare.

After making contact, an officer may ask where the driver has been, whether the driver consumed alcohol, and how much the driver had to drink. The officer may also look for what police reports commonly describe as signs of intoxication, such as an odor of alcohol, red eyes, slurred speech, difficulty balancing, or delayed responses.

The officer may then request field sobriety tests and ask for a breath or blood sample.

If the encounter results in an arrest, the accused person may face two separate proceedings.

The Criminal DWI Case

The criminal case addresses whether the State can prove that the person operated a motor vehicle in a public place while intoxicated.

The prosecution may rely on video, officer testimony, testing records, laboratory evidence, witness statements, and other information. The defense can challenge the legality of the investigation, the reliability of the evidence, and whether the State’s conclusions are supported by the facts.

The Driver’s License Proceeding

A separate administrative process may affect the person’s right to drive after certain breath or blood test refusals or failures.

The administrative case is not the same as the criminal prosecution. Different procedures, deadlines, and issues may apply.

Addressing both matters early can be important because the criminal charge may continue for months while the driver’s license process moves on a much shorter timeline.

Many people leave jail after a DWI arrest with one immediate concern: Am I going to lose my driver’s license?

Texas uses an Administrative License Revocation process, commonly called ALR, that can result in a suspension following certain DWI arrests. The administrative process may be triggered when a person allegedly refuses requested chemical testing or provides a sample showing an alcohol concentration at or above the applicable limit.

A driver may have the right to request an ALR hearing and challenge the proposed suspension. However, the deadline for making that request is short.

At an ALR hearing, issues may include whether:

• The officer had reasonable suspicion or probable cause
• The officer lawfully arrested the driver
• The officer properly requested a breath or blood specimen
• The driver refused or failed the requested testing
• The Department of Public Safety has sufficient evidence to impose the suspension

The ALR proceeding and the criminal DWI case are separate. Winning or losing one does not automatically decide the other.

If a suspension takes effect, some drivers may qualify for an Occupational Driver License. An ODL can permit authorized driving for approved purposes such as employment, school, medical needs, and essential household responsibilities.

Our attorneys help clients understand the criminal charge, the administrative license process, and the options that may be available if a suspension occurs.

DWI investigations frequently involve evidence that police and prosecutors describe as objective or scientific. Each category of evidence still has limitations and must be evaluated in context.

The Reason for the Traffic Stop

An officer generally needs a lawful basis to stop a vehicle. The stated reason may involve speeding, failing to maintain a lane, disregarding a traffic signal, an equipment violation, or another alleged offense.

The defense can compare the officer’s explanation with dash-camera footage, body-camera video, dispatch records, traffic conditions, and other available evidence.

If the stop was unlawful, evidence obtained afterward may be subject to challenge.

Driving Behavior

Police reports may describe weaving, drifting, delayed braking, driving too slowly, making a wide turn, or nearly striking another vehicle.

The defense may examine whether the alleged behavior actually appears on video and whether road design, construction, weather, traffic, unfamiliar surroundings, distraction, or another reasonable explanation may have contributed.

Officer Observations

Officers often note an odor of alcohol, red or glassy eyes, slurred speech, unsteady balance, or difficulty following instructions.

Those observations are not exclusive to intoxication. Allergies, exhaustion, anxiety, medications, injuries, speech patterns, contact lenses, and the stress of a police encounter can affect how someone looks, sounds, and responds.

Field Sobriety Tests

Standardized field sobriety tests are investigative tools—not automatic proof of intoxication.

Performance may be affected by:

• Uneven or sloped pavement
• Poor lighting
• Traffic and roadside distractions
• Weather conditions
• Footwear
• Age
• Weight
• Injuries
• Medical or neurological conditions
• Fatigue
• Anxiety
• Confusing or incomplete instructions
• The officer’s administration of the test

Body-camera footage can be especially important when evaluating whether the instructions were clear and whether the officer’s written conclusions match what the video shows.

Breath Testing

Breath-testing evidence depends on the equipment, maintenance, calibration, observation period, testing environment, and procedures followed by the operator.

The final number should not be separated from the process used to produce it.

Blood Testing

Blood evidence may involve questions about whether the draw was lawful, who collected the sample, how the vials were labeled, how the sample was stored and transported, which laboratory tested it, and whether proper scientific procedures were followed.

The chain of custody and interpretation of the result may also become important.

Video Evidence

Dash-camera and body-camera footage can provide a more direct view of the encounter than a police report written afterward.

Video may support part of the officer’s account, contradict it, or reveal details that were omitted from the written narrative.

A breath or blood result above 0.08 can make someone believe the case is already over.

It is not.

A chemical-test number does not independently establish that the traffic stop was legal, the arrest was supported by probable cause, the sample was obtained properly, or the testing process was reliable.

In a breath-test case, the defense may examine the machine, maintenance records, testing procedures, observation requirements, environmental conditions, and possible sources of error.

In a blood-test case, the defense may investigate:

• The legal authority for the blood draw
• The qualifications of the person who collected the sample
• The collection site and procedures
• The condition and labeling of the vials
• Storage and transportation
• Laboratory methodology
• Quality-control records
• Chain of custody
• Potential contamination
• The interpretation of the reported result

Timing can also matter. A blood sample is commonly collected sometime after the alleged driving occurred. Because alcohol concentration can rise or fall over time, prosecutors may attempt to use later testing to draw conclusions about an earlier moment.

That conclusion may depend on assumptions about drinking patterns, absorption, elimination, food consumption, body chemistry, and other information that may not be known.

A number can be powerful evidence, but it is still evidence that must be tested against the facts and the law.

There is no standard defense that applies to every Austin DWI case.

The right strategy depends on how the investigation began, what the officer observed, what testing occurred, what the video shows, and whether the State can prove its allegations with reliable evidence.

Potential defense issues may include:

• No reasonable suspicion for the traffic stop
• No probable cause for the arrest
• Video that contradicts the officer’s written report
• Field sobriety tests administered incorrectly
• Poor roadside testing conditions
• Medical or physical conditions affecting test performance
• Unreliable officer observations
• Problems with breath-testing equipment or procedures
• An unlawful or improperly conducted blood draw
• Laboratory errors or quality-control concerns
• Gaps in the chain of custody
• A significant delay between driving and chemical testing
• Unlawful searches or seizures
• Statements obtained in violation of constitutional rights
• Questions about whether the accused actually operated the vehicle
• Evidence that does not prove intoxication beyond a reasonable doubt

The strongest issue may not be apparent from the arrest paperwork alone.

It may emerge only after the defense compares reports, recordings, witness accounts, testing records, laboratory documents, and the surrounding timeline.

The potential consequences of a DWI conviction depend on the person’s record and the circumstances surrounding the allegation.

Factors that may increase the severity of the charge include prior DWI convictions, an alleged alcohol concentration of 0.15 or higher, the presence of a child passenger, or an incident involving serious injury or death.

First DWI

A first DWI is generally charged as a Class B misdemeanor. A conviction can involve jail exposure, fines, probation, driver’s license consequences, alcohol education, community service, and other court-imposed requirements.

An alleged alcohol concentration of 0.15 or higher can increase the charge and potential punishment.

Second DWI

A second DWI is generally prosecuted as a Class A misdemeanor and carries greater potential consequences than a first offense.

Additional bond conditions, monitoring, testing, or ignition-interlock requirements may also become relevant.

Third DWI

A third DWI can be prosecuted as a felony. A felony conviction can expose the accused person to imprisonment, substantial fines, lengthy supervision, and lasting consequences affecting many areas of life.

DWI With a Child Passenger

A person accused of driving while intoxicated with a passenger younger than 15 may face a separate felony charge, even without a prior DWI conviction.

Intoxication Assault

When the State alleges that intoxicated operation of a vehicle caused serious bodily injury, prosecutors may file a felony intoxication assault charge.

Intoxication Manslaughter

When an alleged intoxication-related incident results in death, the accused person may face felony intoxication manslaughter charges and extremely serious potential punishment.

The more severe the allegation, the more important it becomes to investigate causation, chemical testing, accident evidence, witness accounts, and every step taken by law enforcement.

The consequences of a DWI may extend far beyond a fine or temporary license suspension.

Depending on the client’s profession and circumstances, a conviction may affect:

• Current employment
• Future job opportunities
• Professional licenses
• Commercial driving privileges
• Security clearances
• Insurance rates
• Educational programs
• Background checks
• Travel requirements
• Personal and professional reputation

A person who drives for work may face different concerns from someone who holds a healthcare license, works in education, serves in the military, or must maintain a security clearance.

Some clients are primarily concerned about avoiding jail. Others are worried about keeping their jobs, maintaining professional credentials, supporting their families, or preventing one arrest from limiting future opportunities.

A meaningful defense strategy should account for what is actually at stake in the client’s life—not merely the next court date.

DWI cases arising in Austin are generally handled through the Travis County criminal court system.

The specific path a case follows depends on the charge, the person’s criminal history, and the circumstances of the arrest. Court settings may address bond conditions, discovery, pretrial motions, negotiations, evidentiary issues, and trial preparation.

Local procedure can affect how quickly evidence becomes available, how cases are scheduled, and how particular legal issues are addressed.

A case arising in Hays County or Williamson County will proceed through a different local system, even though the same Texas DWI laws apply. Each county has its own courts, prosecutors, dockets, procedures, and practical expectations.

That is why the defense must pay attention not only to the statewide law but also to the jurisdiction where the accusation is being prosecuted.

Was the stop lawful? What does the body-camera footage show? Were field sobriety tests administered correctly? Was the blood draw supported by a warrant? Can the laboratory result be trusted? Can the State prove intoxication at the time of driving?

Those questions matter regardless of the county—but the way they arise and are litigated can differ from one courthouse to another.

BRCK represents people accused of DWI throughout:

• Travis County — including Austin, Pflugerville, Manor, Bee Cave, Lakeway, West Lake Hills, and surrounding communities
• Hays County — including Buda, Kyle, San Marcos, Dripping Springs, Wimberley, and surrounding communities
• Williamson County — including Round Rock, Georgetown, Cedar Park, Leander, Hutto, Taylor, and surrounding communities

An arrest may follow a late-night traffic stop in downtown Austin, a collision on Interstate 35, a roadside investigation in a suburban community, or an officer approaching a parked or disabled vehicle.

The location and circumstances of the encounter can affect which agency investigates, where the case is filed, which court handles it, and what evidence may be available.

Regardless of where the arrest occurred, the defense begins by reconstructing what happened and determining whether the State’s evidence supports the charge.

A DWI case should involve more than an attorney appearing in court and assuming the police report is accurate.

Criminal Defense Is Our Entire Practice

BRCK practices 100% criminal defense. We do not divide our attention among unrelated areas of law.

We Investigate the Full Encounter

We examine the reason for the stop, officer observations, field sobriety testing, video evidence, breath or blood testing, search-and-seizure issues, and the timeline surrounding the arrest.

We Address Both Sides of the Case

A DWI arrest can create a criminal prosecution and a separate driver’s license problem. Our attorneys help clients understand both processes and the deadlines that may apply.

We Work as a Team

Our attorneys, paralegals, investigators, and support staff collaborate throughout the representation. Different perspectives can help uncover inconsistencies and legal issues that might otherwise be missed.

We Prepare for the Available Paths

Depending on the evidence, the defense may involve seeking dismissal, challenging evidence, filing motions, negotiating a reduction, preparing for trial, or pursuing another resolution.

We do not assume at the beginning that every case should end the same way.

We Keep Clients Informed

Clients should understand what is happening, what evidence exists, what options are available, and what decisions may be approaching.

Clear communication is an essential part of helping someone regain control after an arrest.

Is a first DWI a felony in Texas?

Usually not. A first DWI is generally a Class B misdemeanor. However, aggravating circumstances can increase the charge or potential punishment. An alleged alcohol concentration of 0.15 or higher can elevate a first DWI, and DWI with a child passenger can be prosecuted as a felony even when the accused person has no prior DWI conviction.

Can I refuse a breath or blood test in Texas?

A person may refuse requested chemical testing, but Texas implied-consent laws can create administrative driver’s license consequences after certain refusals. Police may also seek a warrant authorizing a blood draw.

Whether the request, refusal, warrant, or blood draw was handled lawfully depends on the specific facts.

What happens if my breath or blood result was over 0.08?

A result at or above 0.08 is significant evidence, but it does not automatically prove the entire case.

The defense may still examine the legality of the stop and arrest, testing procedures, equipment, laboratory records, sample handling, timing, chain of custody, and whether the result reliably establishes intoxication when the person was allegedly driving.

Can an Austin DWI charge be dismissed?

A dismissal may be possible when the evidence or legal issues undermine the prosecution’s case, but no attorney can ethically guarantee that result.

An unlawful stop, lack of probable cause, unreliable testing, contradictory video, unavailable witnesses, laboratory problems, or other evidentiary weaknesses may affect whether the State can continue prosecuting the charge.

Will I automatically lose my driver’s license after a DWI arrest?

Not necessarily.

The answer depends on the circumstances of the arrest, whether chemical testing was refused or failed, whether an ALR hearing is requested, and the result of the administrative proceeding.

Some drivers who are suspended may qualify for an Occupational Driver License.

How quickly should I contact Austin DWI lawyers?

As soon as possible.

Driver’s license deadlines can arise shortly after the arrest. Video, dispatch records, witness information, and other evidence should also be identified before it becomes unavailable or more difficult to obtain.

Early representation allows the defense to begin addressing both the criminal accusation and the license process.

Do I need legal representation for a first DWI?

A first DWI can still result in jail exposure, fines, probation, driver’s license consequences, a permanent record, and collateral effects on employment and professional licensing.

Austin DWI lawyers can evaluate whether the stop, arrest, field sobriety tests, chemical testing, and other evidence can be challenged and explain the available options.

Can I continue driving while my DWI case is pending?

Often, yes, depending on the status of the driver’s license and any bond conditions.

The filing of a criminal DWI charge does not necessarily mean the person’s license is immediately suspended. If an administrative suspension takes effect, an eligible driver may be able to seek an Occupational Driver License.

A DWI arrest can feel like one bad night has placed the rest of your life in jeopardy.

It does not decide what happens next.

The traffic stop can be challenged. The officer’s account can be compared with the video. Field sobriety tests can be evaluated. Breath and blood evidence can be scrutinized. Driver’s license options can be explored. Most importantly, the State still bears the burden of proving the accusation.

BRCK Criminal Defense Attorneys represents people facing DWI charges in Austin and throughout Travis, Hays, and Williamson Counties. We investigate what happened, identify what can be challenged, and fight for the strongest resolution available under the circumstances.