Austin DWI Lawyer & DUI Defense Attorney

Expert Articles to Help You Navigate Texas DWI and DUI Law

Stay informed with practical, attorney-written guidance on every stage of a DWI or DUI case. Our blog covers topics like choosing the best DWI attorney in Austin, understanding first-time DWI defenses, and protecting your driver’s license after an arrest. Each post is designed to answer real client questions, highlight recent changes in Texas law, and give you actionable steps if you or a loved one has been charged.

Whether you need tips on license reinstatement, insight into breath and blood test challenges, or advice on avoiding common legal pitfalls, these resources put trustworthy information at your fingertips—direct from The Hull Firm’s experienced DWI attorneys.

DWI in Texas

Texas Penal Code §49.04 defines DWI as operating a motor vehicle in a public place while intoxicated. Intoxication typically means a blood alcohol concentration (BAC) of 0.08% or higher or loss of normal mental or physical faculties due to alcohol or drugs.

DUI for Drivers Under 21

While DWI applies to drivers of all ages, DUI is specific to those under 21. Texas enforces a zero-tolerance policy for underage drinking and driving. If a minor operates a motor vehicle with any detectable amount of alcohol—even well below the 0.08% threshold—they can face a DUI charge.
For detailed penalties, license consequences, and proven defense strategies tailored to minors, visit our dedicated Austin DUI Defense page. There we explain how our attorneys defend underage drivers and work to keep their records clean.

Why the Difference Matters

Knowing the difference between DWI and DUI is essential. Adults can face DWI charges even without a measurable BAC if drugs or prescription medications impair driving. Drivers under 21 can face DUI charges for a BAC as low as 0.01%. Both carry lasting consequences, so early and experienced defense is critical.

Texas DWI laws underwent significant changes effective January 1, 2026, and September 1, 2025. If you’ve been arrested for DWI in Austin, understanding these new penalties is critical to building your defense. The Hull Firm stays current on all legislative changes affecting our clients’ cases.

Enhanced Penalties Now in Effect

• Stricter First-Time DWI Penalties: Standard first-time DWI offenses now carry enhanced minimum jail sentences, with some jurisdictions enforcing mandatory 72-hour minimums for certain circumstances.
• DWI with High BAC (0.15% or higher): Now classified as a state jail felony in many cases, rather than a Class A misdemeanor. This means longer potential sentences and more severe long-term consequences.
• Repeat Offender Consequences: Second DWI offenses face enhanced penalties with longer mandatory jail time, extended license suspensions up to two years, and increased fines up to $4,000.
• Intoxication Manslaughter (Multiple Victims): Cases involving the death of more than one person are now elevated to first-degree felonies, carrying sentences of 5 to 99 years in prison.
• DWI with Child Passenger: Remains a state jail felony with enhanced scrutiny from prosecutors and judges, carrying 180 days to 2 years in state jail plus fines up to $10,000.
• School Zone DWI: Enhanced penalties for DWI offenses in school zones or during pick-up/drop-off times, recognizing the heightened danger to children.
• Expanded Blood Warrant Authority: Law enforcement now has broader authority to obtain blood warrants in certain DWI cases, making it even more critical to have an attorney who can challenge the warrant process.

Why These Changes Matter for Your Defense

With stricter enforcement and harsher penalties, the stakes for a DWI conviction in Austin have never been higher. These changes mean:

• Prosecutors are taking a harder line in plea negotiations
• Judges may impose mandatory minimum sentences where they previously had discretion
• License suspensions are longer and harder to contest
  Collateral consequences—job loss, insurance rates, professional licenses—are more severe
• Early intervention with an experienced DWI attorney is more critical than ever

The Hull Firm monitors all changes to Texas DWI laws and adapts our defense strategies accordingly. We know how to challenge these enhanced charges and protect your rights under the new legal framework.

First Offense

• Up to 180 days in jail
• Fines up to $2,000
• License suspension from 90 days to one year

Second Offense

• Up to 1 year in jail
• Fines up to $4,000
• License suspension up to 2 years

Felony DWI

A third DWI, or a case involving serious injury, a child passenger, or a fatal accident, may be charged as a felony, carrying possible multi-year prison terms and substantial fines.

Challenging the Stop and Arrest

We examine whether the police had reasonable suspicion to initiate the stop and probable cause to arrest you.

Questioning Field Sobriety and Chemical Tests

We look at whether officers administered tests properly and whether breath or blood tests were correctly calibrated and processed.

Negotiating for Dismissal or Reduction

We work to secure pretrial diversion, deferred adjudication, or reduced charges when appropriate, often preventing a conviction entirely.

Preparing for Trial

If a fair agreement isn’t possible, we are ready to take your case to trial. Our history of hundreds of case dismissals and favorable verdicts demonstrates our commitment to protecting your rights.

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Former Prosecutors on Your Side – Insider Perspective is InvaluableI

• How prosecutors evaluate evidence and decide which cases to pursue
• Common weaknesses in DWI cases that can be exploited for dismissal
• Which Travis County, Williamson County, and Hays
• County judges are toughest on DWI charges
• The difference between a case the DA will dismiss and one they’ll take to trial
• How to present your case in the best possible light during negotiations

Deep Local Court Knowledge – We practice in Travis County, Williamson County, and Hays County courts every day.

• We know the prosecutors handling your case personally
• We understand each judge’s tendencies and preferences in DWI cases
• We’re familiar with local law enforcement practices and can spot procedural errors
• We have established relationships that can benefit negotiations
• We know which experts and witnesses carry weight in Central Texas courtroomse

24/7 Emergency Response – DWI arrests don’t happen on a schedule.

• Immediate jail release assistance—we can often get you out within hours
• Critical early advice about ALR hearings (you have only 15 days to request one)
• Protection of your rights from the moment of arrest
• Weekend and holiday availability when you need us most

Proven Trial Experience – While we resolve many cases through negotiation, we’re always prepared to take your case to trial if that’s what it takes.

• Hundreds of hours of courtroom experience
• Specialized training in DWI defense techniques
• Success at every stage—pretrial motions, suppression hearings, and jury trials
• Relationships with expert witnesses who can challenge blood draws, breath tests, and field sobriety evidence

If you refused a chemical test or registered a BAC over the legal limit, the state may attempt to suspend your driver’s license through an Administrative License Revocation (ALR) hearing. We represent clients in these hearings, challenging evidence and protecting your ability to drive.