First-Time DWI Austin | Austin DWI Lawyer & Attorney

Q: What is the penalty for a first DWI in Austin?

A standard first-offense DWI under Texas Penal Code Section 49.04 is generally a Class B misdemeanor, with a statutory minimum confinement term of 72 hours. A BAC allegation of 0.15 or higher can increase the offense to a Class A misdemeanor. Other consequences may include fines, court costs, probation conditions, driver's license consequences, required education or treatment, ignition-interlock requirements in some cases, insurance consequences, and other collateral effects. The exact outcome depends on the facts and disposition.

First-Time DWI in Travis County: What You’re Actually Facing

A first-offense DWI in Austin can involve both a criminal case and a separate driver's license proceeding. An Austin DWI attorney can review the arrest, evidence, ALR deadline, and available defense options. First-offense cases are prosecuted by the Travis County Attorney’s Office at the Blackwell-Thurman Criminal Justice Center. Under Texas Penal Code §49.04, a standard first-offense DWI is generally a Class B misdemeanor, with a statutory minimum confinement term of 72 hours. A BAC allegation of 0.15 or higher can increase the charge to a Class A misdemeanor. A first DWI can also involve fines, court costs, probation conditions, driver's license consequences, insurance costs, education requirements, and other collateral effects. The exact consequences depend on the facts, the charge, the disposition, and current Texas law.

Texas law allows deferred adjudication in some qualifying DWI cases, but it is not available in every case. Eligibility can be affected by factors including the charge level, prior DWI history, whether the driver held a commercial driver's license or commercial learner's permit, and whether the alleged alcohol concentration was 0.15 or higher. For some qualifying first-offense DWI cases, deferred adjudication may be available under Texas Code of Criminal Procedure Article 42A.102. Other DWI cases remain ineligible. The effect of a DWI plea depends on the type of disposition entered by the court. A conviction, deferred-adjudication disposition, dismissal, acquittal, and reduction can have different long-term consequences. An Austin DWI attorney should evaluate the specific disposition and its effect on future record-clearing options before a plea is entered.

A prior qualifying DWI conviction can affect the charge level and punishment range of a future intoxication offense under Texas law. Texas enhancement rules should be evaluated based on the exact prior disposition and the offense charged. Call 512-599-9999 as soon as possible after the arrest.

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A dismissal or acquittal may provide the strongest record-clearing options in many cases, but Texas law also provides other dispositions that can have different long-term consequences. The appropriate strategy depends on the evidence, charge level, criminal history, and the client's goals.

DWI 1st, Austin / APDDismissed

DWI 1st, I-35 Travis Co.Dismissed

DWI 1st, 6th Street AustinDismissed

DWI 1st BAC 0.15+, AustinDismissed

DWI 1st, MoPac StopDismissed

DWI 1st, Reduced to PleaReduced

Past results do not guarantee or predict a similar outcome. Every case is different and must be evaluated on its individual facts, evidence, and applicable law.

First DWI Arrest in Austin? Get a Free Case Review Now

A first DWI can create long-term criminal-record and driver's license consequences. Some qualifying cases may later be eligible for nondisclosure, while dismissed or otherwise qualifying cases may have different record-clearing options. The ALR hearing deadline can also arrive quickly after an arrest. Tell us what happened and an Austin DWI attorney will review the case at no charge.

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Why There Is No Such Thing as "Just a First DWI" in Texas

The criminal sentence is one part of the picture. Here is what a first-offense DWI can mean in Travis County.

Consequence	What It Can Mean
Criminal Charge	A standard first DWI is generally a Class B misdemeanor under Texas Penal Code §49.04.
BAC 0.15+	A BAC allegation of 0.15 or higher can increase the offense to a Class A misdemeanor.
Driver's License	A separate ALR suspension may apply after a qualifying test failure or refusal.
Deferred Adjudication	May be available in some qualifying DWI cases, subject to statutory exclusions.
Record Consequences	Some qualifying first-offense Class B DWI convictions may later qualify for nondisclosure.
Future DWI Exposure	A prior qualifying DWI conviction can affect future intoxication charges and punishment ranges.
Employment / Licensing	Background checks and professional licensing issues depend on the disposition and the policies involved.
Insurance	A DWI arrest or conviction may affect insurance rates and coverage.

First-time DWI defense Austin, 15-day ALR deadline and Travis County Attorney misdemeanor prosecution

After a First DWI Arrest in Austin: Two Separate Clocks Running Simultaneously

The ALR clock. Texas provides a short deadline to request an Administrative License Revocation hearing after certain DWI arrests. For a first ALR action, DPS currently lists a 90-day suspension for a qualifying test failure and a 180-day suspension for a qualifying refusal. The exact deadline and suspension terms should be confirmed from the DIC-25 notice and current DPS rules. When representation includes the ALR proceeding, The Hull Firm acts promptly to request the hearing before the applicable deadline.

The criminal case clock. Your first DWI appearance in the Travis County Courts at Law at Blackwell-Thurman, where your Austin DWI lawyer can appear on your behalf, typically happens within a few weeks of arrest. The Travis County Attorney’s Office will have the APD incident report and any breath test results from the outset. Earlier retention generally allows more time to obtain and review the dashcam footage, the bodycam footage, the Intoxilyzer 9000 maintenance records, and the officer’s SFST training history.

Both proceedings run at the same time, and both deserve attention early. Call 512-599-9999 today.

First-time DWI defense attorneys Austin, Mark Hull and Allison Tisdale, first offense DWI in Travis County

How We Defend a First-Time DWI in Travis County | Austin DWI Attorney Steps

The firm uses a structured evidence-review process tailored to the facts and charge level in each DWI case. A first DWI disposition can affect how future intoxication charges are handled.

01

Address the ALR deadline promptly

The ALR deadline is an early priority in cases where an administrative license suspension applies. When representation includes the ALR proceeding, the firm works to submit the hearing request before the applicable deadline while the criminal case proceeds on a separate track.

02

Request and review video evidence

APD dashcam and bodycam footage can be subject to retention periods, so the firm works to request preservation promptly. Differences between an officer's written report and available video may become important when evaluating the legality of the stop, detention, arrest, or field sobriety investigation.

03

Evaluate the stop or police contact for constitutional issues

Many first-time DWI cases in Austin begin with a traffic stop, while others may arise from a crash investigation, parked vehicle encounter, checkpoint-related contact where lawful, or another police interaction. The firm examines the basis alleged for the contact, available video of the driving behavior, and whether any extension of a stop past its traffic purpose was legally justified under Rodriguez v. United States (2015).

04

Review the SFST administration

APD officers may administer the HGN, Walk and Turn, and One Leg Stand. The firm can review the officer’s SFST training records and compare the documented clues against NHTSA protocol. Austin street and parking conditions, such as uneven pavement on 6th Street, surfaces near I-35 overpasses, and passing traffic on MoPac, may affect test performance.

05

Review the breath or blood evidence

Intoxilyzer 9000 maintenance records, calibration logs, operator certification, and the observation period can be requested and reviewed. Blood draw cases can involve review of the chain of custody from collection through the Travis County Medical Examiner’s toxicology lab.

06

Engage the Travis County Attorney’s Office with documented arguments

Allison Tisdale's prior prosecutorial experience provides firsthand perspective on how DWI evidence may be evaluated. The defense team uses that experience when reviewing traffic-stop issues, field sobriety testing, body-camera footage, breath or blood evidence, and other facts that may support a legal or evidentiary challenge.

Texas DWI Law: What Penal Code §49.04 Actually Says

Texas DWI law Penal Code 49.04 intoxication definition, first offense defense Austin Travis County

Definition 1: Per se BAC of 0.08 or higher. Texas law defines intoxication in part as having an alcohol concentration of 0.08 or higher. In a DWI case, the defense may examine when the specimen was collected, how the test was administered, equipment or laboratory procedures, chain of custody, maintenance records, and whether the result reliably relates to the time of driving.

Definition 2: Impairment. Texas law also defines intoxication as not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination. The defense may review the officer's observations, video, field sobriety procedures, medical conditions, fatigue, medications, footwear, roadway conditions, and other explanations for the observations documented in the case.

The prosecution can charge both theories at the same time. Both theories should be evaluated to determine whether the facts and evidence support a legal, factual, scientific, or procedural challenge.

First-Time DWI Defense in Travis County | Why the First Case Matters

Mark Hull has defended first-offense DWI cases in the Travis County Courts at Law for over 20 years. A first DWI disposition can affect future intoxication cases, record consequences, licensing issues, and other long-term concerns. Careful review of the evidence and available options is important before resolving the case.

Allison Tisdale's prior prosecutorial experience gives the defense team perspective on how DWI evidence can be evaluated and challenged. The firm reviews constitutional issues, officer observations, field sobriety testing, breath or blood evidence, and other case-specific factors when building a defense. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases.

◆ 20+ Years Austin Criminal Defense

Mark Hull has defended criminal cases in Austin and Central Texas for more than 20 years. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases.

◆ Former Prosecutor on Staff

The firm's verified prosecutorial experience provides perspective on how criminal cases are investigated, evaluated, and prosecuted. That experience informs the defense team's review of police procedures, scientific evidence, witness observations, and legal issues.

◆ 20+ Years in Travis County Courts

The firm's attorneys regularly practice in Travis County courts and are familiar with local procedures, court scheduling, prosecuting offices, and the practical steps involved in moving a DWI case through the system.

◆ 960+ Dismissals or Rejected Cases Since 2021

Travis County, Williamson County, Hays County, and surrounding Central Texas courts. Past results do not guarantee or predict a similar outcome.

960+Dismissals or Rejected Cases Since 2021

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20+Years in Travis County Courts

Austin DWI Attorney FAQ: First-Time DWI in Travis County

What people ask our Austin DWI attorneys most often after a first DWI arrest.

Will I go to jail for a first DWI in Austin?+

For a first-offense Class B DWI, the statutory minimum confinement term under Texas law is 72 hours. If your BAC was 0.15 or above, the charge is a Class A misdemeanor with more serious exposure. The appropriate defense goal depends on the evidence, the charge, the client's history, and the available options. Dismissal or acquittal may be possible in some cases, while other cases may involve negotiation, deferred adjudication where legally available, probation, reduction, or another resolution.

What happens after a DWI arrest in Austin, Texas?+

A DWI arrest can start both a criminal case and a separate Administrative License Revocation process. The criminal case moves through the applicable Travis County court, while the ALR process has its own deadlines and procedures. An Austin DWI attorney can review the DIC-25 notice, preserve evidence, request relevant records, and evaluate the traffic stop, detention, arrest, field sobriety testing, and chemical-test evidence.

Can I refuse a field sobriety test in Austin?+

Field sobriety testing and chemical testing involve different legal rules and consequences. If you were asked to perform roadside tests or provide a breath or blood specimen, an attorney can review what was requested, whether you consented or refused, and how the officer handled the investigation. The legal effect of a refusal depends on the type of test and the circumstances.

What is the penalty for a first DWI in Austin?+

A standard first-offense DWI under Texas Penal Code §49.04 is generally a Class B misdemeanor, with a statutory minimum confinement term of 72 hours. A BAC allegation of 0.15 or higher can increase the offense to a Class A misdemeanor. Other consequences may include fines, court costs, probation conditions, driver's license consequences, required education or treatment, ignition-interlock requirements in some cases, insurance consequences, and other collateral effects. The exact outcome depends on the facts and disposition.

Is there deferred adjudication for a first DWI in Texas?+

Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102. It is not available in every case. Statutory exclusions include certain cases involving a commercial driver's license or commercial learner's permit, an alcohol concentration of 0.15 or higher, repeat-offense enhancement, and specified intoxication offenses. Eligibility should be evaluated from the actual charge and evidence.

Can a first-time DWI in Travis County be dismissed?+

A first-time DWI can be dismissed in some cases, but no dismissal can be guaranteed. Potential issues may include the legality of the stop or detention, probable cause, field sobriety testing, video evidence, breath or blood testing, chain of custody, laboratory procedures, and other case-specific facts. The firm has obtained dismissals in prior DWI cases, but past results do not predict a future outcome. Call our Austin DWI attorneys at 512-599-9999.

How long will a first DWI stay on my record in Texas?+

A DWI conviction can remain part of a person's criminal history, but Texas law provides an order-of-nondisclosure process for some qualifying first-offense Class B DWI convictions. Eligibility generally depends on factors including the offense level, BAC, prior criminal history, completion of community supervision, waiting period, and other statutory requirements. A dismissed or otherwise qualifying case may have different record-clearing options.

Does a first DWI affect my CDL or professional license in Texas?+

A DWI can create serious consequences for commercial drivers and may also trigger review by professional licensing boards. The effect depends on the driver's license class, the circumstances of the offense, the disposition, and the rules of the licensing authority involved.

Does the Travis County Attorney or the DA handle first DWI cases in Austin?+

The Travis County Attorney’s Office prosecutes Class B and Class A misdemeanor DWI, including first and second offense. The Travis County DA’s Office under DA José Garza handles felony DWI, including third offense, DWI with a child passenger, and intoxication assault. Familiarity with Travis County court procedures and the prosecuting office handling the case can help an attorney explain what to expect and identify the practical steps involved in the defense.

Austin DWI Attorney Resources

In-depth pages on Austin DWI charge types, defense issues, and consequences from your Austin DWI lawyer.

What Our Clients Say

Read reviews from clients across Travis County, Hays County, Williamson County, and Central Texas who have worked with The Hull Firm.

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   Angel Jacuinde 
 
 
 
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 Trustindex verifies that the original source of the review is Google. These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you're facing criminal charges, you want them on your side.
  
 
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   Yiwei DU 
 
 
 
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   Ronnicka Lopez 
 
 
 
 Trustindex verifies that the original source of the review is Google. I hired this firm two years ago for my husband. The case was a very bad one with what he was accused of. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect and what they truly thought about everything. I'm so glad to say after 2 years (no court) because the evidence was not there and I let them know from the start it was all a lie and a case of jealousy and people being in their feelings because I told the truth. They seem that and presented everything I had evidence of to the DA and as on May 15th 2025 CASE DISMISSED AND DROPPED!!! This could not have come at a greater time being we are expecting our baby girl in a week. Mrs. Allison is such an amazing and sweet lady! She has been such a great support, the WHOLE TEAM! I see exactly why they received multiple awards for best law firm in the state!   Thankyou thankyou HULL FIRM!
  
 
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   Blake Shires 
 
 
 
 Trustindex verifies that the original source of the review is Google. I couldn’t be more thankful for the outcome Mr. Hull achieved — my  case was dismissed! From start to finish, he was patient, attentive, and consistently communicative. He took the time to explain every step, answered all my questions, and made sure I felt supported throughout. If you’re looking for an attorney who delivers results and genuinely listens, I highly recommend Mark Hull and The Hull Firm!
  
 
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   Ashley Nicole 
 
 
 
 Trustindex verifies that the original source of the review is Google. They gathered evidence, challenged the arrest process, and got the charge dropped. The relief I felt was indescribable!
  
 
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   Felicia 
 
 
 
 Trustindex verifies that the original source of the review is Google. Watching them stand up to the system's intimidation tactics was inspiring.
  
 
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   Michael White 
 
 
 
 Trustindex verifies that the original source of the review is Google. When the prosecution tried changing their story, my team had receipts to prove otherwise. Meticulous record-keeping won my case.
  
 
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   Toni Ballard 
 
 
 
 Trustindex verifies that the original source of the review is Google. This firm stepped in and didn’t stop fighting until my name was cleared. I owe them big time.
  
 
  
  
 
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512-599-9999

First-Time DWI in Austin | Austin DWI Lawyer

First-Time DWI in Travis County: What You’re Actually Facing

Why the Case Outcome Matters

Why There Is No Such Thing as "Just a First DWI" in Texas

After a First DWI Arrest in Austin: Two Separate Clocks Running Simultaneously

How We Defend a First-Time DWI in Travis County | Austin DWI Attorney Steps

Texas DWI Law: What Penal Code §49.04 Actually Says

First-Time DWI Defense in Travis County | Why the First Case Matters

Austin DWI Attorney FAQ: First-Time DWI 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

First DWI in Austin? The Time to Act Is Now.

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