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Austin DWI Lawyer — Board Certified DWI Attorney

Austin DWI attorney with 700+ cases dismissed. Board Certified in Criminal Law — fewer than 10% of Texas lawyers hold this credential. Allison Tisdale prosecuted DWI cases before joining the defense — she knows how Austin prosecutions are built. Two proceedings start at arrest: the criminal case and the 15-day ALR license suspension clock. We handle both from the day you call. Call 512-599-9999.

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✓ Board Certified Criminal Law ✓ 15-Day ALR Filed Day One ✓ Former Prosecutor on Staff ✓ 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

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 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.

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.

  • ✓ Payment Plans Available
  • ✓ Austin Office — 1004 West Ave, Austin, TX 78701
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  • ✓ Award-Winning Austin DWI Attorney
Get a free, confidential Austin DWI case evaluation →

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. No deferred adjudication at any level. Every conviction is permanent and enhances any future DWI with no time limit.

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. You were intoxicated if you did not have the normal use of your mental or physical faculties by reason of alcohol or drugs. The prosecution proves this with the officer’s observations and field sobriety test results. The defense challenges whether SFST administration followed NHTSA protocol, whether the officer was properly certified, and whether non-alcohol factors explain the officer’s observations.

The critical fact every Austin DWI attorney will tell you: Texas law does not allow deferred adjudication for DWI at any charge level. A DWI plea is a permanent conviction the moment the judge accepts it. There is no probation path to dismissal. Only dismissal or acquittal protects your record.

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

DPS surcharges apply on top of criminal fines: $1,000–$2,000 per year for 3 years after conviction. A DWI conviction also permanently enhances every future DWI with no lookback period under Penal Code §49.09.

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

Most people arrested for DWI in Austin focus entirely on the criminal case and miss the second, parallel battle that starts the same day. The Administrative License Revocation process runs under Texas Transportation Code §524, completely separately from the criminal case, on its own timeline, with its own deadline that cannot be extended.

When the officer issued the DIC-25 notice at the scene of your Austin DWI arrest, you had exactly 15 days from that date to request an ALR hearing with the Texas Department of Public Safety. If you do not request the hearing within 15 days, your license is automatically suspended at day 40. For a first failed breath test: 90 days. For a first refusal: 180 days. A second offense doubles those periods.

The ALR hearing itself matters beyond just the license. At the hearing, we subpoena and cross-examine the arresting officer under oath before the criminal trial. The officer’s testimony at the ALR hearing locks in their account of the traffic stop, the field sobriety tests, and the breath or blood test procedure. That sworn testimony is available to us at the criminal trial. Weaknesses we expose at the ALR hearing become suppression arguments in the criminal case.

As your Austin DWI attorney, we file the ALR request the day you retain us — before anything else. 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

No deferred adjudication for DWI in Texas. A first conviction is permanent, cannot be sealed, and enhances every future DWI forever. The Travis County Attorney’s Office prosecutes first offense. Why dismissal is the only outcome that protects 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 → Permanent — No Sealing — No Expungement

DWI Conviction Consequences

Full penalty breakdown — criminal sentence, DPS surcharges up to $6,000, license suspension, CDL impact, no deferred adjudication, no non-disclosure, no expungement after conviction. Why every Austin DWI attorney at The Hull Firm fights for dismissal, not damage control.

DWI Conviction Consequences →
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.

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.

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.

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.

05
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.

Cost of Austin DWI lawyer — The Hull Firm DWI attorney Austin TX free consultation payment plans

How Much Does an Austin DWI Lawyer Cost? — The Real Calculation

Austin DWI attorney fees vary based on the charge level, the complexity of the evidence issues, and whether the case goes to trial. A misdemeanor DWI with a straightforward Fourth Amendment issue costs less than a felony DWI with both a suppression hearing and trial. The Hull Firm offers payment plans and a free initial consultation on every Austin DWI case.

The more important question is what a DWI conviction costs if you don’t hire an experienced Austin DWI defense attorney:

$
Criminal fines

Up to $2,000 on a first offense Class B — up to $10,000 on felony DWI.

$
DPS surcharges

$1,000–$2,000 per year for 3 years ($3,000–$6,000 total) just to keep your license.

$
SR-22 insurance increase

Insurance premiums increase significantly after a DWI conviction and stay elevated for years.

$
Permanent record consequences

Employment background checks, CDL loss, professional licensing review — these last a lifetime and cannot be removed after a conviction.

The cost of an experienced Austin DWI attorney is almost always less than the combined cost of a conviction. Call 512-599-9999 for a free consultation today.

Why Hire The Hull Firm as Your Austin DWI Attorney

When looking for the best DWI lawyer in Austin, the credentials that matter are Board Certification, 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 is Board Certified in Criminal Law by the Texas Board of Legal Specialization — a credential 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 700+ dismissals across Austin and Central Texas.

◆ Board Certified — Criminal Law

Texas Board of Legal Specialization. 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.

◆ 700+ Cases Dismissed — 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.

700+Cases Dismissed
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, cannot be sealed, cannot be 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. Texas has no deferred adjudication for DWI at any level — every plea is 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.

The cost of a DWI lawyer in Austin varies by charge level and case complexity. The Hull Firm offers payment plans and a free initial consultation. The more important calculation is what a DWI conviction costs: up to $6,000 in DPS surcharges over three years, SR-22 insurance increases that last for years, potential CDL loss, and a permanent record on every background check for life. Most people who compare the full cost of a conviction against the cost of experienced representation choose representation. Call 512-599-9999 for a free, no-obligation case evaluation.

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.

No. Texas Code of Criminal Procedure Art. 42A.102 explicitly prohibits deferred adjudication for DWI at any charge level. For virtually every other criminal charge in Texas, deferred adjudication lets defendants complete probation and have the charge dismissed without a conviction. For DWI, that option does not exist. A DWI plea in Austin is a permanent conviction immediately. The only path to a clean record is dismissal or acquittal.

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.

DWI is more serious. A DUI is a Class C misdemeanor — fine only, up to $500, no jail. A DWI is a minimum Class B misdemeanor with 72 hours to 180 days jail exposure, permanent record with no deferred adjudication option, DPS surcharges up to $6,000, and lifetime enhancement for any future DWI charge. Both offenses create permanent criminal records that appear on background checks. An Austin DWI attorney or Austin DUI lawyer at The Hull Firm handles both charge types.

Look for Board Certification in Criminal Law (fewer than 10% of Texas attorneys hold this), former prosecutor on staff (Allison Tisdale prosecuted DWI cases before joining the defense, giving direct insight into how Austin cases are built), consistent local court presence at the Blackwell-Thurman Criminal Justice Center, and verifiable dismissal results in the courts where your case will be heard. Avoid attorneys who promise outcomes before reviewing your specific facts. Call 512-599-9999 for a free, honest case evaluation from Board Certified Austin DWI attorney Mark Hull.

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.

Permanently. A DWI conviction in Texas never falls off your criminal record. It appears on background checks for life 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, no automatic sealing, and no non-disclosure option after a DWI conviction. Only dismissal followed by expungement under Texas Chapter 55 removes the record entirely. This is why every Austin DWI attorney at The Hull Firm pursues dismissal as the primary goal.

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.

First-Time DWI Defense

First offense in Austin — no deferred adjudication, permanent record, 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.

What Our Clients Say

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

RL
Ronnicka Lopez
★★★★★
Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS
Blake Shires
★★★★★
Google

“My case was dismissed. Mark Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

JM
James M.
★★★★★
Google

“DWI case dismissed. Mark Hull knew the Austin courts inside and out. He challenged the stop, the field sobriety tests, and had the case dismissed before it ever got to trial. Cannot recommend enough.”

Arrested for DWI in Austin? Call an Austin DWI Attorney Now.

The 15-day ALR deadline starts at arrest. APD dashcam footage has a retention window. The Travis County Attorney’s Office starts building its file the day of arrest. Call an Austin DWI defense attorney at 512-599-9999 — 24 hours a day, 7 days a week. Free consultation.

Free Consultation512-599-9999

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

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