DUI Defense Lawyer Austin TX

DUI vs. DWI in Texas — The Legal Distinction That Changes the Defense

As an Austin DUI lawyer, the first thing we evaluate is whether the charge is a Class C DUI or an escalated DWI. Texas DUI under TABC §106.041 applies only to drivers under 21. Any detectable amount of alcohol while operating a motor vehicle in a public place is sufficient — there is no BAC threshold and no impairment requirement. The charge is a Class C misdemeanor carrying a fine up to $500, a 60-day license suspension for a first offense, an alcohol education requirement, and community service. A Class C DUI conviction, despite carrying only a fine, creates a permanent criminal record that appears on background checks, can affect FAFSA federal financial aid eligibility, and can be visible on applications for UT Austin, ACC, and every other institution in the country.

The critical escalation: a driver under 21 with a BAC of 0.08 or above, or who shows signs of impairment regardless of BAC, faces a full Class B DWI charge under Penal Code §49.04 — prosecuted as an adult by the Travis County Attorney’s Office, same as anyone else. The DWI carries a minimum 72 hours in Travis County jail, a permanent record that cannot be deferred or sealed, and all the long-term consequences a DWI conviction creates. The escalation from DUI to DWI can happen at the APD officer’s discretion based on how the roadside investigation develops. This is why acting immediately after any underage DUI arrest in Austin is critical — the difference between a Class C fine-only DUI and a full Class B DWI can depend entirely on the officer’s documentation.

Our Austin DUI attorneys defend cases from across the city. Austin’s entertainment districts — 6th Street, Rainey Street, the Red River Cultural District, and the area around Stubb’s Amphitheater — generate the highest concentration of underage DUI enforcement in the city. UT campus area, West Campus, and the Drag also see regular APD enforcement on weekend nights. Call 512-599-9999 immediately after any DUI arrest.

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

Facing a DUI Charge in Austin? Get a Free Case Review

A DUI under Texas zero-tolerance law is still defensible. The stop, the testing procedure, and the BAC result all have to be done right. Tell us what happened and an experienced criminal defense attorney will review your case at no charge.

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DUI vs. DWI in Texas — Penalties, Differences, & Which Is Worse

Both are criminal offenses. Both create permanent records. DWI is the more serious charge. Here is how they compare in Travis County.

Charge	Who It Applies To	Standard	Penalty
DUI — Class C MisdemeanorTABC §106.041 — minor in possession while driving	Drivers under 21	Any detectable alcohol — no BAC floor	Up to $500 • 60-day suspension • Alcohol ed. • Community service
DWI — Class B MisdemeanorPenal Code §49.04 — intoxication while driving	Any driver (including under 21)	BAC ≥0.08 OR loss of normal use	72 hrs–180 days jail • $2,000 • License suspension • Permanent record
Which Is Worse: DUI or DWI?Comparison	N/A	N/A	DWI is more serious. DUI is Class C fine-only. DWI is Class B with jail exposure, permanent record with no deferred adjudication option, DPS surcharges, and lifetime enhancement.
DUI 2nd OffenseTABC §106.041(e)	Under 21 with prior DUI	Any detectable alcohol	Larger fine • Extended suspension • IID possible
MIP — Minor in PossessionTABC §106.05 — alcohol possession	Under 21	Possession in any context	Class C • Fine • 30-day suspension • Alcohol education

A Class C DUI is not a traffic citation. It is a criminal conviction that creates a permanent record, appears on background checks, and can affect financial aid, campus housing, and professional licensing — until it is expunged after a dismissal.

DUI defense Austin — zero tolerance underage DUI UT campus area Travis County courts

After a DUI Arrest in Austin — Two Things Happen Immediately

The license suspension clock. A DUI conviction under TABC §106.041 triggers a 60-day license suspension for a first offense — separate from any ALR suspension. If the DUI was elevated to a full Class B DWI, the 15-day ALR deadline applies: 15 days from the DIC-25 notice to request a hearing with Texas DPS or the license is automatically suspended at day 40. We address both tracks from the first day you call.

The academic and financial consequences. As the DWI lawyer Austin students call after a DUI arrest: for students at UT Austin, ACC, St. Edward’s University, Huston-Tillotson, or any other Austin institution, a DUI or DWI conviction creates immediate risks beyond the criminal case. FAFSA federal financial aid eligibility is affected by certain drug and alcohol convictions. UT Austin campus housing and certain academic programs conduct background checks. Professional programs in nursing, education, law enforcement, and social work all conduct background checks that a DUI conviction will appear on. We evaluate all of these consequences at the first consultation for student clients in Travis County.

DUI defense attorneys Austin — Mark Hull and Allison Tisdale defending underage DUI in Travis County courts

How We Defend DUI Cases — Austin DWI Lawyer & DUI Attorney

DUI and underage DWI defense requires the same systematic analysis as adult DWI — starting with the stop and working through every piece of evidence.

01

Evaluate the traffic stop for Fourth Amendment violations

DUI and DWI arrests begin with a traffic stop that must be legally justified. If the stop lacks reasonable articulable suspicion, everything discovered after it is suppressible — including the breath test result and the officer’s observations.

02

Challenge ‘any detectable amount’ on a DUI charge

For Class C DUI charges, the prosecution must prove any detectable amount of alcohol. This is typically done with a preliminary breath test at the roadside or a certified breath test back at the station. We challenge the device calibration, operator certification, and whether the testing was properly conducted.

03

Challenge DUI escalation to DWI where it occurred

If the DUI was elevated to a full DWI charge based on the officer’s impairment determination, we examine whether the SFST administration followed NHTSA protocol, whether the video supports the impairment claim, and whether any non-alcohol factors explain the observed clues.

04

Evaluate dismissal options that protect the academic record

For first-time DUI charges in Travis County, we evaluate every available path to dismissal. A dismissed DUI followed by expungement under Texas Chapter 55 is the only outcome that fully protects the student’s background check.

05

Address FAFSA, campus housing, and professional licensing

Student clients get a specific evaluation of non-criminal consequences at the first consultation. UT Austin financial aid, campus housing conditions, professional program background check requirements, and military service eligibility are all evaluated alongside the criminal defense strategy.

DUI Defense in Travis County — 20+ Years and Experience With Student Cases

Mark Hull has defended underage DUI and DWI cases in Travis County Courts at Law for over 20 years. The non-criminal consequences of a DUI conviction — financial aid, campus housing, professional licensing — are often more pressing for young clients than the criminal sentence. We address both simultaneously.

Allison Tisdale prosecuted DUI and DWI cases as a Texas state prosecutor before joining the defense. She knows how the Travis County Attorney’s Office handles underage cases and what arguments move them toward dismissal. We carry a 5.0 rating across 363 Google reviews and Over 930 dismissals or rejected cases since 2021.

◆ 20+ Years Austin Criminal Defense

Mark Hull has defended Travis County criminal cases for over two decades. Over 930 dismissals or rejected cases since 2021.

◆ Former State Prosecutors on Staff

Mark Hull and Allison Tisdale both prosecuted DWI cases before joining the defense. They know how Travis County builds DWI prosecutions — and exactly where they fall apart.

◆ 20+ Years in Travis County Courts

Regular appearances at the Blackwell-Thurman Criminal Justice Center. We know the County Attorney prosecutors, the DA’s DWI unit, and how the Travis County docket moves.

◆ Over 930 dismissals or rejected cases since 2021

Travis County, Williamson County, Hays County, and surrounding Central Texas courts.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Travis County Courts

Austin DUI Lawyer FAQ — Underage DWI & DUI Defense in Travis County

Questions people ask Austin DUI attorneys after an underage DUI or DWI arrest.

Which is worse: DUI or DWI in Texas?+

DWI is significantly more serious. A DUI under TABC §106.041 is a Class C misdemeanor — fine only, up to $500, no jail exposure. A DWI under Penal Code §49.04 is a minimum Class B misdemeanor: 72 hours to 180 days jail, $2,000 fine, permanent record with no deferred adjudication option, DPS surcharges up to $6,000, and lifetime enhancement for any future DWI. Both create permanent records that appear on background checks. Both require an Austin DWI attorney or DUI attorney. DWI has far more serious long-term consequences.

What is the difference between DUI and DWI in Texas?+

Texas DUI under TABC §106.041 applies only to drivers under 21: any detectable alcohol while driving triggers the charge — no 0.08 BAC threshold, no impairment required. DWI under Penal Code §49.04 applies to all drivers including those under 21: BAC of 0.08 or above, or loss of normal use of faculties. A driver under 21 with a BAC of 0.08 or above faces an adult DWI charge, not just a DUI. The decision of which charge to file often depends on how the APD officer documents the investigation — which is why calling an Austin DUI lawyer immediately is critical.

What is a felony DUI lawyer Austin — when does DUI become a felony?+

A standard DUI under TABC §106.041 is a Class C misdemeanor. It becomes a DWI felony when the driver under 21 has a BAC of 0.08 or above and is charged under Penal Code §49.09 for a third offense, under §49.045 if a child under 15 was in the vehicle, or under §49.07 if an accident caused serious bodily injury. When these escalation factors exist, you need a DWI felony attorney, not just a DUI lawyer. An Austin DWI attorney at The Hull Firm handles all charge levels.

Can an Austin DUI attorney get my charge dismissed?+

Yes. A Class C DUI in Travis County is subject to the same Fourth Amendment analysis as any criminal charge: was the stop legally justified? Was the breath test properly administered? Was the officer certified? A successful challenge dismisses the case. A dismissed DUI followed by expungement under Texas Chapter 55 fully protects your record. Call an Austin DUI lawyer at 512-599-9999 the day of the arrest.

Can a DUI affect FAFSA financial aid for UT Austin students?+

A DUI conviction may affect federal financial aid eligibility under the Higher Education Act, particularly for drug-related convictions (alcohol-only DUIs have a more nuanced analysis). More immediately, UT Austin, ACC, and most Austin-area institutions conduct background checks for campus housing and certain academic programs where a DUI conviction will appear. Professional programs in nursing, education, and law enforcement are particularly likely to conduct these checks. Our Austin DUI attorneys evaluate these non-criminal consequences at the first consultation.

Does the Travis County Attorney prosecute DUI cases in Austin?+

Class C DUI cases go to Travis County Justice of the Peace courts. Class B misdemeanor DWI cases (first and second offense) are prosecuted by the Travis County Attorney’s Office in the Travis County Courts at Law at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street. Felony DWI cases go to the Travis County DA’s Office under DA José Garza.

My college student was arrested for DUI near UT Austin. What should we do?+

Call 512-599-9999 the same day. The student should not make statements to APD about how much they had to drink. The stop, the breath test evidence, and the specific sequence of events all need to be documented before the Travis County Attorney’s Office builds its file. For UT students, a DUI also triggers a UT Austin student conduct process that runs separately from the criminal case on its own timeline. An Austin DUI attorney at The Hull Firm evaluates both the criminal case and the student conduct process at the first consultation.

What happens to my license after a DUI arrest in Austin?+

A first DUI conviction under TABC §106.041 triggers a 60-day license suspension. If the DUI was elevated to a full DWI, the 15-day ALR deadline applies: 15 days from the DIC-25 notice to request an ALR hearing with Texas DPS, or the license is automatically suspended at day 40. We file the ALR request the day you retain us. An Austin DUI lawyer at The Hull Firm addresses both the DUI conviction suspension and the DWI ALR suspension simultaneously.

Austin DWI Attorney Resources

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

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Travis County, Hays County, Williamson County, and Central Texas.

512-599-9999

Austin DUI Lawyer & DUI Attorney — Underage DUI Defense

DUI vs. DWI in Texas — The Legal Distinction That Changes the Defense

Zero Tolerance Doesn’t Mean Zero Defense

DUI vs. DWI in Texas — Penalties, Differences, & Which Is Worse

After a DUI Arrest in Austin — Two Things Happen Immediately

How We Defend DUI Cases — Austin DWI Lawyer & DUI Attorney

DUI Defense in Travis County — 20+ Years and Experience With Student Cases

Austin DUI Lawyer FAQ — Underage DWI & DUI Defense in Travis County

Austin DWI Attorney Resources

Austin DWI Lawyer

First-Time DWI Defense

BAC & Breath Test Defense

DWI Conviction Consequences

DUI Defense (Under 21)

Texas DWI Laws

DUI vs. DWI in Texas

Austin Criminal Defense

What Our Clients Say

DUI Arrest in Austin? Call Us Today.