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Driving While Intoxicated

Austin DWI Attorney

15+ Years of Experience

Driving While Intoxicated (DWI) cases in Texas are common. They are probably the most litigated cases in our county courts. If you have ever had anything to drink and then driven a car, you have put yourself at risk of going to jail for DWI. Due to their prevalence in our society, a criminal defense DWI attorney in Austin must be fluent in the science, terminology, and techniques related to DWI cases.

If you or a loved one has been arrested for a DWI, The Law Office of Will Mitchell is ready to protect your rights and freedom. With more than 15 years of experience, our DWI defense attorney in Austin would estimate that 75% of all misdemeanor cases he takes to trial are DWIs, which means he understands what it takes to get the best possible results on behalf of his clients and is not afraid to go to trial to do so. Do not wait to let us help you get your life back on track immediately.

Call our DWI attorney in Austin today at (512) 858-8611 and request a free case evaluation.

Texas DWI Laws

The laws in Texas that cover DWI cases are straightforward and follow some standard guidelines. A police officer will pull you over due to spotting any suspicious behavior. The officer will then be able to check for any evidence of alcohol. If they deem that there is enough evidence, then you will be tested for inebriation before being arrested.

The police can issue chemical tests for alcohol after an arrest to check if your blood alcohol level, or BAC, is above the legal limit of 0.08%. You are free to refuse the tests and encouraged to contact a legal representative as soon as possible. If arrested, then the incident goes on file at the station, which will follow you for life unless you take legal action.

Understanding the DWI Process With Our DWI Attorneys in Austin

Being charged with a DWI in Texas can be a daunting experience, but understanding the legal process can help alleviate some of the stress. From the initial traffic stop to potential trial proceedings, our experienced DWI attorney in Austin can guide you through each step and provide expert legal representation.

Some key aspects of the DWI process in Texas include:

  • Initial traffic stop and field sobriety tests
  • Breathalyzer or blood alcohol concentration (BAC) testing
  • Arrest and booking procedures
  • Court appearances and potential plea negotiations
  • Possible trial proceedings and sentencing

Our team at The Law Office of Will Mitchell is dedicated to protecting your rights and future, and we will work tirelessly to build a strong defense strategy tailored to your specific case. Don't navigate the DWI process alone - let our DWI attorneys in Austin provide the legal support and guidance you need during this challenging time.

Austin DWI Penalties

DWI conviction brings multiple-layered punishments that you will want to defend against. If you are charged with a DWI in Austin, you could face the following penalties:

First DWI Offense:

  • Up to $2,000 in fines
  • Between 3 and 180 days in jail
  • License suspension between 90 days and 1 year

Second DWI Offense:

  • Up to $4,000 in fines
  • Between 30 days and 1 year in jail
  • License suspension between 180 days and 2 years

Third DWI Offense:

  • Up to $10,000 in fines
  • Between 2 and 10 years in prison
  • License suspension between 180 days and 2 years

Effects of an Austin DWI Conviction

Reports over the years show that there is an average of 1 injury every twenty minutes in Texas due to a DWI driver. Since the rate of injury is so high in Texas, the penalties for DWI drivers work to ensure second thoughts before the crime. You will have a mark on your record, increasing the penalties you will face for any subsequent convictions. Transportation penalties after a DWI conviction include license changes, car modifications or impoundment.

Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is made up of 3 tests:

  • Horizontal Gaze Nystagmus (HGN) test - here, the officer will observe the eyes of the person as they move a pen or small object back and forth.
  • Walk-and-turn test - for this, the officer instructs the person to take about nine steps in a straight line and then return.
  • One-leg stand test - In this test, the officer instructs the person to stand with one foot in the air and hold it for about a minute until told to put it down.

During the tests, the officer is looking to see if the person is intoxicated by looking for signs such as not being able to keep their balance, slurred speech or not following the instructions properly.

Your Austin DWI Defense

You may think that there is no way to counter DWI charges, but you would be wrong. A court should know the full facts of the matter and why you do not deserve conviction. Were you pulled over for no reason, improperly tested, or under duress? Being arrested does not mean automatic conviction and defending yourself in court is your legal right.

DWI Investigation

NHTSA has a training program every peace officer takes in their academy. Attorney Will Mitchell has taken it 3 times. It splits DWI investigations into 3 different portions 1) Vehicle in Motion; 2) Personal Contact; and 3) Pre-Arrest Screening. You are being evaluated for different “signs” of DWI in each one.

Vehicle in Motion

In the first stage, the police are looking for 20 some odd driving cues that they believe are consistent with drunk driving. Things like swerving, weaving, taking a wide right turn, are all listed as cues. Speeding is not listed as a driving cue.

Personal Contact

This phase is where the officer is trained to use his senses to detect any signs of intoxication. His sight for open alcohol containers, blood shot and glassy eyes, soiled clothing, etc. His hearing for slurred speech, how many drinks you had. His smell for odor of alcohol. The officer will use the first two phases to determine if phase 3 is necessary. It is a very minimum threshold. For example, if he doesn’t see anything in phase 1 but smells alcohol, get ready to do field sobriety testing in phase 3.

Pre-Arrest Screening

This phase is the one most think about during a DWI investigation. It involves an interview of the person and then field sobriety tests.

There are 3 “standardized” field sobriety tests (FSTs) that are part of the NHTSA training, and a handful of other tests they recommend in the event the FSTs aren’t appropriate for whatever reason, but those tests have no real standardization or reliability (I would also argue the same about the standardized FSTs).

The first FST is the Horizontal Gaze Nystagmus (HGN), aka the “pen” test. Officers will take about 90 seconds waving their magic wand in front of your eyes and claim to see something that shows you’re intoxicated. Further, the officer will claim he can approximate your blood alcohol content from this test (my eyes are rolling, and it's not from nystagmus).

The next test is the Walk and Turn, you know it as the walk the line. There are complex instructions, and 8 clues involved here. You don’t get to know what they are. If you show 2 of them, then you have “failed.

Finally, the One Leg Stand is the final FST. This is where you must stand on one leg for 30 seconds without putting your foot down, raising your arms from your side, swaying, or hopping. If you do 2 of those 4, then you’re out of here.

After the 3 phases, the officer makes an arrest decision. If he believes he has probable cause (another low threshold for a decision), then you go to jail.

Once you are placed under arrest, only then do you get a chance to provide a specimen of breath or blood. You should do neither. However, if you do, and you’re under the legal limit of .08, guess what? You still will spend the night in jail, be charged with DWI, and must bond out and get a lawyer.

If you find yourself or a family member in this situation, please give The Law Office of Will Mitchell a call. Our Austin DWI Defense lawyer has the essential tools to fight your case and the advanced training to counter the officers involved. Save your license, save your job, and save your freedom.

Let Our Austin DWI Lawyer Protect Your Rights & Future

After getting arrested in Austin, TX, one of the most important steps you can take is to hire a DUI attorney in Austin. A skilled and experienced lawyer can help you understand your legal options, navigate the court system, build an effective defense strategy, challenge evidence against you, negotiate more favorable plea deals with prosecutors and protect your driving privilege. 

DWI attorneys are knowledgeable about all aspects of DWI law – including the legal limits for blood alcohol content, laws governing license suspension and revocation, and what constitutes reasonable suspicion or probable cause for a DWI arrest. This means they can identify any potential mistakes by police officers that could lead to the dismissal of your charges.

In addition to their expertise in the law, DWI lawyers are also experienced negotiators who know how to work with prosecutors or insurance companies to get you the best possible outcome in your case. They may be able to negotiate reduced fines, alternative sentencing options, or even avoid jail time altogether, depending on the circumstances of your case. 

Being brought in on DWI charges means that you will need to speak to an attorney as soon as possible. Our firm focuses on DWI law and delivering you the legal you will need in court. Work with us to bring your case together and build up your legal defense.

DUI, DWI & Drunk Driving Charges: What’s the Difference in Texas?

Many Texans use the terms DUI, DWI, and drunk driving interchangeably, but state law makes clear distinctions. DWI—Driving While Intoxicated—applies to any adult who operates a vehicle while impaired by alcohol or drugs, typically with a BAC of 0.08% or higher, or when showing signs of impairment, regardless of the actual BAC. Texas law uses “DUI”—Driving Under the Influence—for drivers under age 21 who have any detectable amount of alcohol in their system, even if their BAC is below the legal limit for adults.

Drunk driving is a general term used locally and statewide. If you face a DWI in Austin, adults deal with criminal prosecution, possible license suspension, and criminal records. Minors face license suspension, fines, alcohol education, and community service assignments through juvenile court. Understanding these differences ensures you know what to expect as your case moves through the Travis County process.

Contact us now for free consultation on your DWI case today.

Frequently Asked Questions

What Happens if I Refuse a Breath or Blood Test in Austin?

If you decline a breath or blood test, Texas law allows your driver’s license to be suspended through the ALR process. Austin officers may also obtain a warrant to require a sample, especially during "No Refusal" weekends or local enforcement campaigns.

How Soon After My Arrest Should I Hire a Defense Attorney?

Contacting a DWI attorney in Austin shortly after your arrest, ideally within a few days, helps you meet crucial deadlines for license hearings and criminal proceedings. Early legal guidance provides the best chance to protect your rights with Travis County agencies and the court.

Can a DWI Conviction Affect Job Opportunities in Austin?

A DWI conviction appears on background checks and can limit opportunities for jobs, especially those involving driving or positions that require security clearance. Employers throughout Austin and the surrounding region often review criminal records before making hiring decisions, and a DWI offense may limit your prospects in certain careers.

If you're involved with a DWI case in Texas, we urge you to call us at (512) 858-8611 and schedule a consultation with our legal team.

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  • "Will is a fantastic lawyer."
    Will is a fantastic lawyer. He is detail-oriented, organized, responsive, knows the law well, and is very connected in Texas. His office support is top-notch as well. I would hire him again in a heartbeat, although I hope that's never needed.
    Former Client
  • "The man knows how to right a wrong."

    Mr. Mitchell worked on having my charges dropped and my clean record reinstated. The man knows how to right a wrong.

    Sam G.
  • "He helped me take care of my case and I could not be happier."
    I had charges filed on me and had no idea what I was going to do. I contacted Will Mitchell’s law office and immediately felt better. Will talked to me on the phone and told me what to expect for the next 4 months. Everything he said was on point. He helped me take care of my case and I could not be happier. I highly recommend Will and his team.
    T.H. on Google
  • "I would recommend him to everyone!"

    Will is awesome!!! Great lawyer!! Super friendly, knowledgeable, and hands down the best lawyer to have on your case! Will and Olivia (his assistant) were always there to answer any questions I had about anything! He helped me with a payment plan, and he just really made the whole process way less stressful! I would recommend him to everyone! Thanks again, Will!!

    Whitney C.
  • "He explained what he could do to help my case and he did exactly that."
    I would personally like to thank Mitchell for his professional work with my case. He explained what he could do to help my case and he did exactly that. If I or anybody needed a lawyer I would strongly recommend him.
    M.L.
  • "He’s amazing, choose him."
    Will was the BEST choice that I could’ve made after my DWI. I was so scared, it was my first arrest and I felt extremely overwhelmed when it came to finding a lawyer. I met with large corporations thinking maybe with the resources they would be a better option. At the end of every conversation, I felt that Will had my best interest and was very honest. He is also a very friendly guy, I never felt judged, I was more of his friend. At the end of the day, all the warm feels are nice. But, he also got my case COMPLETELY dropped. No probation & no travel restrictions. He changed my life in a way that no Google review can capture. He’s amazing, choose him.
    Alissa H.
  • "Best law firm hands down."
    Best law firm hands down. Super patient. Super professional. I live in Dallas, TX and Mr. Will Mitchell took care of everything for me without having to travel! Highly recommend his services!
    Catie
  • "You are in good hands with Will Mitchell."
    Will Mitchell handled my case swiftly, intelligently and was very diligent about getting it resolved in a professional manner. I was very upfront about the circumstances and what he thought I should expect and I appreciated his no BS approach. Candor is imperative when you are dealing with a potentially life changing situation. I would recommend him and have to everyone I know. You are in good hands with Will Mitchell.
    Ross