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Austin DWI Lawyer for Alcohol & Drug Charges — Dismissal-Focused Defense

An Austin DWI charge may involve alcohol, marijuana, prescription medication, a controlled substance, or a combination of substances. Unlike an alcohol case based on a BAC of 0.08 or higher, a drug-related DWI generally depends on whether the prosecution can prove that a substance caused the driver to lose the normal use of mental or physical faculties.

The Hull Firm defends both alcohol- and drug-related DWI charges in Travis County. We examine the traffic stop, body-camera footage, field sobriety testing, blood-draw procedures, toxicology results, and any Drug Recognition Expert evaluation used by law enforcement. Call 512-599-9999 for a free, confidential case review.

Free Case Review512-599-9999 — 24/7
✓ Former Travis County Prosecutor ✓ 15-Day ALR Filed Day One ✓ 960+ Cases Dismissed or Rejected ✓ Free Consultation 24/7
Litigator of the Year 2023 — best DWI lawyer Austin TexasMark Hull
Expertise.com Best DWI Lawyers Austin TexasMark Hull*
National Trial Lawyers Top 100 — Austin DWI attorneyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale DWI defense attorney AustinAllison Tisdale — 2022
Lawyers of Distinction — DWI defense attorney Austin TXMark Hull
Criminal Defense Top 10 — Austin DWI lawyerMark Hull

*Based on reviews and average minimum rating for criminal defense firms in Austin, TX researched by expertise.com

What Happens After a DWI Arrest in Austin

An Austin DWI attorney defends clients charged under Texas Penal Code §49.04 in Travis County courts. Two proceedings begin at arrest: the criminal case and the 15-day ALR license suspension clock. Mark Hull has defended Austin DWI cases for 20+ years. Allison Tisdale is a former Travis County DWI prosecutor. Call 512-599-9999.

A DWI arrest in Austin starts two separate clocks simultaneously. The criminal case moves through the courts — but a second proceeding, the Administrative License Revocation, runs independently on its own timeline.

The moment the officer handed you the DIC-25 notice at the scene, you had exactly 15 days to request an ALR hearing with the Texas Department of Public Safety. Miss that deadline and your license is automatically suspended at day 40. No extension exists. Every Austin DWI attorney at The Hull Firm files the ALR hearing request the same day you retain us — before any other step in the defense.

The most common question after a first arrest: will I go to jail for a first DWI in Austin? Most first-offense cases resolve without additional jail time — but a permanent conviction with no expungement path is the real risk.

The criminal case is heard at the Blackwell-Thurman Criminal Justice Center in Austin. Austin DWI cases are prosecuted by two different offices depending on charge level. The Travis County Attorney’s Office prosecutes Class B and Class A misdemeanor DWI — first and second offense. The Travis County District Attorney’s Office under DA José Garza handles felony DWI: third offense, DWI with a child passenger, and intoxication assault.

Knowing which office has your case and how each evaluates its files is specific local knowledge that only comes from years of practice in these courts. Our Austin DWI lawyers appear in both offices regularly. Read the full guide on how Travis County courts handle DWI cases — which unit has your file and how they evaluate first-offense cases.

Your DWI defense comes down to three questions: Was the traffic stop on I-35, MoPac, 6th Street, or wherever it happened legally justified? Do the field sobriety tests hold up under scrutiny? Does the BAC evidence — the Intoxilyzer 9000 breath test or the Travis County Medical Examiner blood draw — survive a technical challenge? All three are attackable on every Austin DWI case. Call 512-599-9999 today.

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DWI Case Results — Austin

Dismissal Is the Only Goal

DWI 1st — Austin / APDDismissed
DWI Open Container — TravisDismissed
Felony DWI 3rd — Travis Co.Dismissed
DWI BAC 0.15+ — AustinDismissed
DWI 2nd — Travis CountyDismissed
DWI — Reduced / Travis Co.Reduced

Past outcomes do not guarantee future results. Every case is evaluated on its individual facts.

DWI Laws in Texas — What the Charge Actually Means

Texas Penal Code §49.04 governs DWI. Our Texas DWI laws page covers every charge level and the ALR process in full depth. Two definitions of intoxication apply to both alcohol and drug allegations. Deferred adjudication may be available in limited first-offense circumstances, but a conviction is otherwise permanent and can enhance any future DWI with no time limit. Understanding what probable cause is required for a DWI stop in Texas is equally critical — officers need reasonable suspicion to pull you over and separate probable cause to arrest. Challenging either one breaks the chain.

Definition 1 — Per Se (BAC). You were intoxicated if your blood alcohol concentration was 0.08 or above while operating a motor vehicle in a public place. The prosecution proves this with a breath or blood test. The defense challenges whether the Intoxilyzer 9000 was properly maintained, whether the blood draw had an unbroken chain of custody through the Travis County ME’s lab, and whether the result actually reflects BAC at the time of driving versus the time of testing.

Definition 2 — Impairment. A person may be considered intoxicated if the person does not have the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or another substance covered by Texas law. Drug-related DWI allegations may involve marijuana or THC, prescription medication, illegal drugs, over-the-counter medication, or drugs combined with alcohol. Unlike the 0.08 per-se standard for alcohol, Texas does not establish one equivalent numerical impairment threshold for marijuana or most other drugs. The prosecution must connect the substance evidence to an alleged loss of normal faculties while the person was operating the vehicle.

An important fact every Austin DWI attorney should explain: Deferred adjudication may be available in certain first-offense DWI cases under Texas Code of Criminal Procedure Art. 42A.102, but eligibility depends on the charge, BAC allegation, driving status, prior history, and other statutory factors. An attorney must evaluate the specific case. Because a DWI conviction carries lasting consequences, our goal remains dismissal or acquittal whenever possible.

ChargeLevelPenalty RangeProsecuted By
DWI — First OffensePenal Code §49.04 — BAC ≥0.08 or impairedClass B Misd.72 hrs–180 days • $2,000 fineTravis County Attorney’s Office
DWI — First Offense BAC ≥0.15Penal Code §49.04(d) — enhanced BACClass A Misd.Up to 1 yr • $4,000 • Mandatory IIDTravis County Attorney’s Office
DWI — Second OffensePenal Code §49.09(a) — prior conviction requiredClass A Misd.30 days–1 yr (30 mandatory) • $4,000Travis County Attorney’s Office
DWI — Third Offense (Felony)Penal Code §49.09(b) — two prior convictions3rd Degree Felony2–10 yrs TDCJ • $10,000Travis County DA — José Garza
DWI with Child PassengerPenal Code §49.045 — child under 15 in vehicleState Jail Felony180 days–2 yrs • $10,000Travis County DA — José Garza
Intoxication AssaultPenal Code §49.07 — serious bodily injury — I-35/MoPac crashes3rd Degree Felony2–10 yrs TDCJ • $10,000Travis County DA — José Garza
DUI — Under 21 / Zero ToleranceTABC §106.041 — any detectable alcoholClass C Misd.Fine • 60-day license suspensionTravis County Justice of the Peace

A final DWI conviction may carry an additional state traffic fine of $3,000, $4,500, or $6,000, depending on the circumstances; Texas law provides for a waiver when the court finds the person indigent. A DWI conviction also permanently enhances every future DWI with no lookback period under Penal Code §49.09.

Drug DWI Charges in Austin, Texas

Texas does not limit DWI charges to alcohol. A person may be accused of DWI based on marijuana or THC, prescription medication, an illegal drug, over-the-counter medication, or a combination of drugs and alcohol.

Substances commonly alleged in drug-related DWI cases may include:

  • Marijuana and THC products
  • Benzodiazepines and anti-anxiety medication
  • Opioids and prescription pain medication
  • Sleep medication and sedatives
  • Stimulants, including amphetamines
  • Cocaine, methamphetamine, and other controlled substances
  • Over-the-counter medications that may cause drowsiness
  • Combinations of medication, drugs, and alcohol

A valid prescription does not automatically prevent a DWI charge. However, finding a drug in a person’s system is not necessarily the same as proving that the drug impaired that person while driving. Drug levels do not correspond to impairment as predictably as alcohol concentration, and some substances or metabolites may remain detectable after their impairing effects have ended.

Our Austin drug-DWI lawyers examine whether the prosecution can connect the toxicology result to actual impairment at the time the vehicle was operated. That analysis may include the traffic stop, recorded driving, field sobriety testing, officer observations, blood-draw procedures, laboratory records, prescription history, and any Drug Recognition Expert evaluation.

Austin DWI lawyer — 15-day ALR hearing deadline license suspension defense Austin Texas

The 15-Day ALR Hearing — Protecting Your License After an Austin DWI

A DWI arrest in Austin triggers a second, separate case — not against you, but against your driver license. The Administrative License Revocation process runs under Texas Transportation Code §524, on its own timeline, apart from the criminal charge. You have exactly 15 days from the arrest to request an ALR hearing with the Texas Department of Public Safety. Miss that window and your license is automatically suspended at day 40.

As your Austin DWI attorney, we file the ALR request the day you retain us — before anything else. Our full guide explains how the Austin ALR hearing works — the civil standard, how officer testimony creates suppression leverage in the criminal case, and the occupational license option during any suspension. Call 512-599-9999 today.

Austin DWI Defense — Every Charge Level & Issue Covered

Each page covers a specific DWI issue in depth — the Texas law, the Austin-specific court details, and the full defense strategy.

Class B Misd. — Permanent Record

First-Time DWI Defense

Deferred adjudication may be available in certain first-offense DWI cases, but eligibility depends on the charge, BAC allegation, and other statutory factors. A conviction is otherwise permanent, generally cannot be sealed, and can enhance every future DWI. The Travis County Attorney’s Office Vehicular Crimes Unit prosecutes first offense. Why dismissal remains the strongest outcome for your record.

First-Time DWI Defense → Under 21 — Zero Tolerance

DUI Lawyer Austin (Under 21)

Any detectable alcohol while driving under 21 is a Class C DUI in Texas. UT Austin, ACC, and St. Edward’s student cases. FAFSA consequences. When DUI escalates to a full DWI charge and what a felony DUI lawyer Austin means.

DUI Defense Austin → Intoxilyzer 9000 & Blood Draw

BAC & Breath Test Defense

What is the legal BAC limit in Texas? 0.08 — but the machine must be maintained, the blood draw chain of custody must be unbroken, and the result must reflect BAC at the time of driving. Technical challenges the best Austin DWI attorney should evaluate on every case.

BAC Defense →

Common question: what actually happens if you fail a breath or blood test in Texas? A number above 0.08 is evidence — the test must still meet specific validity requirements to be admissible.

Conviction Consequences — Limited Relief

DWI Conviction Consequences

Full penalty breakdown — criminal sentence, a state traffic fine up to $6,000, license suspension, CDL impact, and limited record-relief options after conviction. Why every Austin DWI attorney at The Hull Firm fights for dismissal, not damage control.

DWI Conviction Consequences → Class A Misd. — Enhanced Exposure

DWI Conviction Consequences

A second DWI in Texas is a Class A misdemeanor — up to one year in jail, $4,000 fine, mandatory ignition interlock, and a prior conviction that enhances every future arrest. Deferred adjudication eligibility is limited and depends on the specific facts.

DWI Conviction → 3rd Offense / Intox. Assault

Texas DWI Laws & Charge Levels

A third DWI or intoxication assault in Texas is a felony. Third-offense DWI: 2–10 years TDCJ. Intoxication assault causing serious bodily injury: 2–20 years. These cases require immediate, aggressive defense from day one.

Texas DWI Laws →
How to beat a DWI in Austin — defense strategies Austin DWI defense attorney steps

How to Beat a DWI in Austin — Defense Strategies That Work

Beating a DWI in Austin requires attacking each layer of the prosecution’s case separately. A skilled Austin DWI defense attorney does not treat the case as a single narrative — they break it into components and test every link. Here is where Austin DWI cases are won. The most-searched question after a Travis County DWI: can a DWI be dismissed in Texas? Yes — and the specific grounds below determine which challenge applies.

01
Challenge the Traffic Stop

The stop requires reasonable articulable suspicion. Under Rodriguez v. United States (575 U.S. 348, 2015), the stop cannot be extended past its traffic purpose without independent criminal suspicion. APD officers frequently extend stops on I-35 and MoPac past the original traffic basis.

If the stop was not legally justified, everything discovered after it — including the breath test result — is suppressible under Texas Code of Criminal Procedure Art. 38.23. Full breakdown: what can invalidate a DWI stop in Texas — including the most common APD stop vulnerabilities on I-35 and MoPac.

02
Challenge the Field Sobriety Tests

HGN, Walk and Turn, and One Leg Stand must follow NHTSA protocol exactly. We pull the officer’s SFST certification records and compare every clue observed against the video. Austin street conditions — cracked 6th Street pavement, I-35 shoulder noise and traffic, uneven surfaces near MoPac — are documented as factors affecting test validity. Medical conditions, fatigue, and footwear also affect performance independent of alcohol.

03
Challenge the Intoxilyzer 9000 Breath Test

The Intoxilyzer 9000 used by APD has a specific maintenance log, calibration record, and error log — all obtainable through open records. The APD operator must hold a current certification. The 15-minute continuous observation period must be documented.

Any gap in maintenance records, a lapsed operator certification, or a deviation from testing protocol supports a challenge to the result’s reliability. See our full analysis of how accurate breathalyzer tests are in Texas — including the partition ratio problem, mouth alcohol contamination, and documented Intoxilyzer 9000 failure patterns.

04
Challenge the Blood Draw Evidence

Blood draws in Austin DWI cases are analyzed at the Travis County Medical Examiner’s toxicology laboratory. The chain of custody from the venipuncture through the lab analyst must be unbroken and documented at every link. Improperly preserved samples can ferment post-collection, producing additional ethanol not present at the time of the draw.

We request the complete lab file — not just the summary result — on every blood draw case. Full guide: can a blood test be challenged in court? — warrant validity, phlebotomist qualifications, chain of custody gaps, and in-vitro fermentation from improper preservation.

05
Challenge Drug Recognition and Toxicology Evidence

Drug-related DWI cases frequently rely on officer observations, a Drug Recognition Expert evaluation, and blood or urine toxicology. Each category of evidence must be examined independently.

The defense may evaluate:

  • Whether the officer had legal grounds for the initial stop
  • Whether the recorded driving actually indicated impairment
  • Whether field sobriety tests were administered and interpreted correctly
  • Whether medical conditions, fatigue, anxiety, or prescribed treatment explain the observed symptoms
  • Whether a Drug Recognition Expert followed the applicable evaluation protocol
  • Whether the DRE’s conclusions match the body-camera footage and toxicology findings
  • Whether the blood draw was supported by valid consent or a lawful warrant
  • Whether collection, storage, testing, and chain-of-custody procedures were followed
  • Whether the laboratory identified an active drug, a metabolite, or both
  • Whether the amount detected can reliably establish impairment at the time of driving
  • Whether multiple substances were alleged and how their combined effects were evaluated

A toxicology report can be important evidence, but a positive result does not automatically answer when the substance was consumed, what effect it had, or whether it caused a loss of normal faculties while driving.

06
Engage the Prosecution With Documented Arguments

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how the Travis County Attorney’s Office evaluates its files, where the DWI unit considers its cases vulnerable, and what documented Fourth Amendment and BAC challenge arguments move cases toward dismissal before trial.

Austin DWI Courts — Travis County Specifics

Where your case goes in Travis County depends on the charge level. Knowing the court is the first step in knowing your defense options.

Misdemeanor DWI — Travis County Attorney

First and second offense DWI cases in Austin are prosecuted by the Travis County Attorney’s Office Vehicular Crimes Unit, located at 314 W 11th St. The unit handles Class B and Class A misdemeanor DWI cases through the County Courts at Law. They receive APD dashcam footage, Intoxilyzer 9000 records, and blood draw results from the Travis County Medical Examiner.

The unit evaluates cases for diversion eligibility, plea posture, and trial scheduling. Understanding how individual prosecutors within the Vehicular Crimes Unit evaluate evidence is specific local knowledge that directly affects defense strategy and negotiation.

Felony DWI — Travis County District Attorney

Third offense DWI, intoxication assault, and intoxication manslaughter are prosecuted by the Travis County District Attorney’s Office at the Travis County Courthouse, 509 W 11th St. These cases go through Travis County District Courts and are handled by experienced felony prosecutors.

Pre-indictment intervention before the grand jury is the highest-leverage window in any felony DWI case. Once an indictment issues, negotiation posture changes significantly. Early defense is critical.

DWI Diversion Court — Travis County

Travis County operates a DWI Diversion Court for qualifying first-time offenders. Allison Tisdale served as the DA’s representative to the DWI Diversion Court as a former Travis County prosecutor — she understands its eligibility criteria, requirements, and how it affects long-term record outcomes better than any outside defense attorney in Austin.

Diversion is not available in every case. Evaluation begins with the facts of the stop, the BAC result, and the client’s background. We assess diversion eligibility on every qualifying first-offense case.

What an Austin DWI Lawyer Actually Costs

The cost of hiring an experienced Austin DWI attorney is almost always smaller than the cost of a conviction — fines, DPS surcharges, insurance increases, and a permanent record. The Hull Firm offers payment plans and a free initial consultation on every case.

Why Hire The Hull Firm as Your Austin DWI Attorney

When looking for the best DWI lawyer in Austin, the credentials that matter are prosecutorial experience, local court presence, and a documented track record of dismissals in the specific courts where your case will be heard. The Hull Firm checks every one of these.

Mark Hull has been defending DWI cases in Austin for over 20 years — a track record fewer than 10% of Texas attorneys hold. Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows exactly how the Travis County Attorney’s Office builds its misdemeanor DWI files and where the evidence typically has problems.

We have appeared regularly in the Austin courts for over 20 years and have achieved 960+ dismissals or rejected cases since 2021 across Austin and Central Texas.

◆ 20+ Years Austin DWI Defense

Mark Hull has appeared in Travis County DWI courts every week for over two decades. Fewer than 10% of Texas attorneys. The most meaningful credential for DWI defense. Mark Hull.

◆ Former Prosecutor on Staff

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows exactly how Austin DWI prosecutions are built — and where they fall apart under a prepared defense attorney.

◆ 20+ Years in Austin Courts

Regular appearances in the Travis County Courts at Law and District Courts. We know the DWI prosecutors, the judges, and how the docket moves at Blackwell-Thurman.

◆ 960+ Cases Dismissed or Rejected — 5.0 Google Rating

363 verified Google reviews. The best Austin DWI attorney is the one with documented results in the courts where your case will be heard — not the one with the biggest advertising budget.

How to Choose the Best DWI Attorney in Austin

Prosecutorial experience, documented Travis County court presence, and honest evaluation matter far more than advertising budget. See what actually predicts a good outcome — and what to ignore.

960+Cases Dismissed or Rejected
5.0Google Rating (363 Reviews)
20+Years Defending Austin DWI Cases

Austin DWI Lawyer FAQ — Questions People Ask Most

Honest answers to the questions people search after a DWI arrest in Austin — from our Austin DWI attorneys.

You need an Austin DWI attorney. A DWI conviction in Texas is permanent, generally cannot be sealed or expunged after conviction, and enhances every future DWI you face for the rest of your life with no time limit.

The Travis County Attorney’s Office DWI unit handles these cases daily with experienced prosecutors. An Austin DWI defense attorney who appears in these courts regularly knows the specific prosecutors, what arguments work, and how to navigate the ALR proceeding simultaneously with the criminal case.

Texas DWI is governed by Penal Code §49.04. A person commits DWI by operating a motor vehicle in a public place while intoxicated. Texas defines intoxication two ways: (1) BAC of 0.08 or above — the per se standard — or (2) not having normal use of mental or physical faculties by reason of alcohol or drugs.

A first offense is a Class B misdemeanor. A second is a Class A misdemeanor. A third is a third-degree felony. Deferred adjudication may be available in certain first-offense cases under Texas Code of Criminal Procedure Art. 42A.102, but a plea otherwise results in a permanent conviction.

Yes — and we have dismissed DWI cases in Austin through Fourth Amendment suppression motions, SFST administration challenges, Intoxilyzer 9000 maintenance challenges, and Travis County ME blood draw chain of custody problems.

The traffic stop is the starting point. Under Rodriguez v. United States (2015), a stop cannot be extended past its traffic purpose without independent suspicion. If the stop was not legally justified, the entire DWI investigation is suppressible. Call an Austin DWI defense attorney at 512-599-9999 the day of the arrest.

Most misdemeanor DWI cases in Austin resolve in 90 to 180 days. Felony DWI cases typically take 6 to 12 months. Cases with suppression hearings or that go to trial take longer. The ALR proceeding with Texas DPS runs on a completely separate timeline. Your Austin DWI attorney will give you a realistic case timeline after reviewing the specific evidence, the court assignment, and the prosecutor’s file on your case.

When the officer issued the DIC-25 notice at your Austin DWI arrest, the Administrative License Revocation clock started. You have exactly 15 days from that date to request an ALR hearing with the Texas DPS. Miss the deadline and your license is automatically suspended at day 40 — 90 days for a first failed breath test, 180 days for a refusal. No extension exists. Our Austin DWI attorneys file the ALR request the same day you retain us on every case.

The minimum jail time for a first DWI in Texas is 72 hours. The Travis County Attorney’s Office frequently seeks the minimum or probation with no additional jail on first-offense cases without aggravating factors. If your BAC was 0.15 or above, you face a Class A misdemeanor with greater exposure.

However, the correct goal for any Austin DWI defense attorney is not minimizing jail time — it is getting the case dismissed so no conviction, no surcharges, and no permanent record enter at all.

Deferred adjudication may be available in certain first-offense DWI cases, but eligibility depends on the charge, BAC allegation, driving status, prior history, and other statutory factors under Texas Code of Criminal Procedure Art. 42A.102. Some high-BAC, CDL, enhanced, and other cases are excluded by statute.

An attorney must evaluate the specific case to determine eligibility. Because a DWI conviction carries lasting consequences, dismissal or acquittal remains the strongest outcome whenever it is available.

DUI under TABC §106.041 applies only to drivers under 21 — any detectable alcohol while driving triggers the charge, no 0.08 BAC threshold required. DWI under Penal Code §49.04 applies to all drivers: BAC of 0.08 or above, or loss of normal use of faculties.

A driver under 21 with a BAC at or above 0.08 faces a full adult DWI charge, not just a DUI. Both create permanent records. DWI is significantly more serious: it carries jail exposure, DPS surcharges, and lifetime enhancement for future DWI charges.

A DWI is worse than a DUI in Texas. DUI under TABC §106.041 is a Class C misdemeanor — a fine up to $500, no jail time, and no permanent criminal conviction if handled correctly. DWI under Penal Code §49.04 is a minimum Class B misdemeanor with 72 hours to 180 days in jail, generally a permanent record with limited deferred adjudication availability, a state traffic fine up to $6,000 over three years, and a lifetime enhancement on any future DWI charge.

Both create a permanent criminal record on background checks. The key distinction: DUI applies only to drivers under 21 with any detectable alcohol. DWI applies to any driver with a BAC of 0.08 or above, or with loss of normal mental or physical faculties — regardless of age. If you are under 21 and blew 0.08 or higher, the charge is a full DWI, not a DUI.

Austin is unique: the Travis County Attorney’s Office prosecutes misdemeanor DWI (first and second offense), while DA José Garza’s office handles felony DWI only. Most Texas counties have one DA handling everything.

Additionally, the ALR hearing testimony subpoena process can be used more aggressively in Travis County given the volume of DWI cases and the frequency with which officers appear. Local knowledge of how each office evaluates its DWI files is what separates an effective Austin DWI defense attorney from a general criminal defense lawyer.

A DWI conviction in Texas does not automatically fall off your criminal record and will enhance any future DWI charge with no time limit — a conviction today means a DWI arrest 25 years from now is automatically elevated. There is no Texas lookback period for enhancement purposes.

Some DWI records may qualify for an order of nondisclosure under limited circumstances, depending on the disposition, criminal history, facts of the offense, waiting period, and other statutory requirements. Full expungement under Texas Chapter 55 generally requires dismissal or acquittal. This is why every Austin DWI attorney at The Hull Firm pursues dismissal as the primary goal.

A second DWI in Texas is a Class A misdemeanor carrying 30 days to one year in county jail, a fine up to $4,000, license suspension up to two years, and a mandatory ignition interlock device.

Deferred adjudication eligibility for a second DWI is limited under Texas Code of Criminal Procedure Art. 42A.102 and depends on the specific facts and prior history. The Travis County Attorney’s Office Vehicular Crimes Unit typically takes a harder stance on second-offense cases. Early intervention by an experienced Austin DWI attorney is critical.

An Austin DWI attorney handles both the criminal case and the Administrative License Revocation (ALR) proceeding that begins 15 days after arrest. On the criminal side, they evaluate the traffic stop for probable cause, challenge breathalyzer or blood test evidence, file suppression motions, and negotiate with the Travis County Attorney’s Office or prepare for trial.

On the ALR side, they file the hearing request with Texas DPS before the 15-day deadline, subpoena the arresting officer, and challenge the license suspension. A DWI attorney who only works the criminal case and misses the ALR deadline is giving the prosecution an advantage from day one.

Yes. Texas DWI law can apply to prescription and over-the-counter medication if the prosecution alleges that the medication caused a loss of normal mental or physical faculties while the person was operating a vehicle. Having a lawful prescription does not automatically resolve the case, but the State must still prove intoxication and connect it to the medication.

Texas uses a 0.08 per-se threshold for alcohol, but its DWI statute does not establish an equivalent numerical impairment threshold for marijuana or most other drugs. Drug-DWI cases generally focus on driving behavior, officer observations, field testing, toxicology, and whether the substance caused a loss of normal faculties.

Not by itself. A positive result may show that a drug or metabolite was present, but presence and impairment are different questions. The timing of consumption, specimen collection, type of substance, laboratory procedures, concentration, medical history, and observed behavior may all affect what the result proves.

Prosecutors may rely on dash-camera and body-camera footage, field sobriety testing, statements made during the stop, a Drug Recognition Expert evaluation, medication or substances found in the vehicle, and blood or urine toxicology. A defense attorney should evaluate each category of evidence and whether it reliably shows impairment while driving.

Austin DWI Attorney Resources

Deep-dive pages on every Austin DWI charge type, defense strategy, and consequence — from your Austin DWI lawyer.

Austin DWI Lawyer

DWI defense hub — Austin courts, ALR deadline, and full defense strategy.

Best DWI Attorney in Austin

What actually predicts a good outcome — and what to ignore.

How Much Does a DWI Lawyer Cost?

Fee variables, payment plans, and what a DWI conviction actually costs.

First-Time DWI Defense

First offense in Austin — limited deferred adjudication, permanent-record risk, full defense.

BAC & Breath Test Defense

Intoxilyzer 9000 maintenance records and Travis County ME blood draw chain of custody.

DWI Conviction Consequences

Penalties, DPS surcharges, CDL impact, no expungement after conviction.

DUI Defense (Under 21)

Zero tolerance DUI — any detectable alcohol. UT Austin area. FAFSA consequences.

Texas DWI Laws

Penal Code §49.04, charge levels, ALR process and sentencing in Texas.

DUI vs. DWI in Texas

The legal difference between DUI and DWI — penalties, BAC thresholds, and record consequences.

Austin Criminal Defense

Full criminal defense hub for all charge types in Austin.

The Hull Firm has secured over 960 dismissals or rejected cases since 2021; however, every case is unique and past results do not predict future outcomes.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Austin, Williamson, Hays, and surrounding Central Texas counties.

Arrested for an Alcohol- or Drug-Related DWI in Austin?

Drug-DWI cases require a different evidence review than alcohol cases. Breath testing may play little or no role; instead, the case may depend on officer observations, blood toxicology, prescription records, laboratory procedures, and a Drug Recognition Expert’s opinion.

The Hull Firm defends Austin DWI allegations involving alcohol, marijuana, prescription medication, controlled substances, and combinations of drugs and alcohol. Call 512-599-9999 for a free, confidential case review.

Free Case Review512-599-9999

For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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