Austin Criminal Defense FAQ

Not necessarily. A standard first-offense DWI is generally a Class B misdemeanor with a statutory minimum confinement term of 72 hours and a maximum of 180 days. Actual outcomes vary based on the facts and disposition. Some qualifying first-offense DWI cases may be eligible for deferred adjudication.

It can be dismissed in some cases, but no dismissal can be guaranteed. Issues involving the traffic stop, field sobriety testing, video evidence, breath testing, blood testing, warrants, or other evidence can affect the strength or admissibility of the prosecution's case. Whether dismissal is available depends on the facts and remaining evidence.<

Refusing a requested breath or blood specimen can trigger separate ALR consequences, including a longer first-offense suspension than a qualifying test failure. The legal and practical consequences depend on the type of test, the circumstances, and the notice provided. Refusal cases can still be defended. There is no universally right answer; it depends on your specific situation.<

A BAC result above 0.08 does not automatically establish guilt. The defense can evaluate calibration, testing procedures, chain of custody, operator qualifications, laboratory procedures, timing, and other issues to determine whether a factual, scientific, or legal challenge exists. A result of 0.15 or higher can elevate the charge to a Class A misdemeanor.<

The ALR hearing is a civil proceeding involving the driver's license and is separate from the criminal case. Texas DPS generally requires a hearing request within 15 days after the suspension notice is served. In some cases, an ALR hearing may also provide an opportunity to obtain testimony or information relevant to the related DWI defense.<

Clearly say that you are invoking your right to remain silent and that you want an attorney, then stop answering questions. Write down what you remember. Call us at 512-599-9999. The period immediately after an arrest can be important for protecting your rights, preserving evidence, addressing bond conditions, and meeting any applicable driver's license deadlines.<

During a lawful traffic stop, a driver must comply with applicable license and vehicle-document requirements. A person may generally decline to consent to a search, and the right to remain silent may apply to investigative questioning. The right to counsel and Miranda rules depend on custody and interrogation. Invoking your rights calmly, without being combative, can help protect you.<

Probable cause is the legal standard police generally need to arrest you: facts and circumstances sufficient to support a reasonable belief that an offense has been or is being committed and that the person to be arrested committed it. It is higher than reasonable suspicion (needed to stop you) but lower than proof beyond a reasonable doubt.<

Timelines vary significantly. Some Travis County misdemeanors resolve within several months, while others take a year or longer. Felony cases can take substantially longer. Complexity, discovery, laboratory testing, motions, court scheduling, negotiations, and trial settings all affect timing.<

Misdemeanors: Class C (fine only), Class B (up to 180 days), Class A (up to 1 year). Felonies: state jail (180 days to 2 years) through first-degree (5 to 99 years or life). The class affects potential punishment, court jurisdiction, record consequences, and collateral effects.<

Sometimes. Early intervention can sometimes create opportunities to present information before a charging decision is finalized. Attorney involvement before charges are filed can sometimes influence whether or how charges are filed, but prosecutors are not required to follow a defense presentation.<

Sometimes. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Reductions and diversions are also possible outcomes. The firm evaluates dismissal, reduction, diversion, suppression, trial, and other available options based on the evidence and the client's circumstances. Past results do not guarantee or predict a similar outcome.<

An arrest can appear on background checks even before a case is resolved. A dismissed charge may remain visible until a court grants an expunction, if the case qualifies. Some qualifying convictions and deferred-adjudication dispositions may be eligible for nondisclosure instead. A dismissal does not clear a record automatically.<

Many Texas misdemeanors have a two-year limitation period, and many felonies have a three-year limitation period, but numerous offenses have longer periods or no limitation period. Sexual offenses, offenses involving children, murder, and other serious offenses have offense-specific rules.<

Arraignment is the formal reading of charges and plea entry. In Travis County, a defense attorney may enter a not guilty plea to preserve the defendant's options, depending on the case and court procedure. Magistration, where bond is set, generally comes first.<

Texas law imposes prompt-magistration requirements, and timing depends on the circumstances of the arrest and offense. A first scheduled court setting may occur within several weeks, but actual timing varies by court, filing status, custody status, and docket.<