Our Case Results
#1 Goal Is A Dismissal
Texas DWI Laws – Know Your Rights & Penalties
What Are the DWI Laws in Texas?
#1 Goal Is A Dismissal
Payment Plans
No Money Down
Local Law Firm
Affordable Fees
Award Winning Firm
Home – Austin DWI Lawyer – Texas DWI Laws
#1 Goal Is Dismissal
If you’ve been arrested for DWI in Texas, you’re not alone — and you probably have questions. Texas has some of the strictest drunk driving laws in the country, with harsh penalties that can include fines, license suspension, and jail time — even for first-time offenders.
Understanding how Texas defines “Driving While Intoxicated” is the first step toward protecting your record and your future. At The Hull Firm, our experienced Austin DWI lawyers help clients all across Travis County navigate these laws, fight unfair charges, and get back to their lives.
Under Texas Penal Code § 49.04, you can be charged with DWI if:
- You operate a motor vehicle in a public place
- And you have a Blood Alcohol Concentration (BAC) of 0.08% or higher
- Or you do not have the normal use of your mental or physical faculties due to alcohol or drugs
Remember — it doesn’t take a failed breath test to get arrested. A police officer’s observations alone can lead to charges. That’s why your best defense starts with knowing your rights and having the right defense lawyer by your side.
Learn more about how we fight BAC evidence
- ✅ Over 700 Criminal Cases Dismissed
- ⚖️ Experienced Former Prosecutors on Your Side
- ⏱️ 24/7 Jail Release & Emergency Legal Help
- 📍 Deep Knowledge of Austin & Travis County Courts
- 💬 Free Confidential Consultations
- 💳 Flexible Payment Plans Available to Fit Your Budget
- 🕰️ Over 15 Years of Criminal Defense Experience
- 🧾 Proven Record of Charge Reductions & Case Dismissals
Complete The Form Below To Schedule A Free Case Evaluation
Complete The Form Below To Schedule A Free Case Evaluation
Arrested for DWI? Don’t Risk Maximum Fines & Jail Time
-
- Our Attorneys have Extensive Experience Prosecuting DWI Cases.
- We KNOW the legal system inside & out.
- We KNOW HOW the legal system builds DWI cases in Travis, Williamson & Hays County.
- That means we KNOW WHAT it takes to get you the best possible outcome for your specific DWI Case.
- If you have been arrested for a DWI in Travis, Williamson or Hays County – You NEED An Experienced DWI Legal Team to Protect Your Future.
- Get your Free Case Review & Quote in minutes. Payment Plans Available!
Don’t Waste Anymore Time Worrying. Every Day Counts.
We Will Start Building Your DWI Defense On Day 1!
Our Case Results
#1 Goal Is A Dismissal
What’s the Difference Between DWI and DUI in Texas?
Many people use the terms DWI and DUI interchangeably, but they mean different things in Texas. DWI (Driving While Intoxicated) is the term used for adults 21 and older who are over the legal BAC limit or impaired.
DUI (Driving Under the Influence) generally applies to minors under age 21 who have any detectable amount of alcohol in their system — Texas has a strict zero-tolerance policy for underage drivers.
A DUI might sound less serious, but it can still lead to license suspension, fines, and a permanent record that affects scholarships and job prospects. That’s why we take underage DWI and DUI cases just as seriously as any adult charge.
Want a deeper breakdown? Read our DWI vs. DUI Guide
Penalties for DWI in Texas
Texas DWI penalties can be harsh — and they get worse if you have prior convictions, a high BAC, or special circumstances like a child passenger. Here’s what you need to know:
- First Offense: Up to $2,000 fine, 3–180 days in jail, license suspension up to 1 year, annual surcharge fees, possible ignition interlock.
- Second Offense: Up to $4,000 fine, 30 days–1 year in jail, up to 2-year license suspension.
- Third Offense (Felony DWI): Up to $10,000 fine, 2–10 years in prison, permanent felony on your record, license suspension.
- DWI with Child Passenger: Automatic state jail felony with additional fines and penalties.
- High BAC (.15% or above): Possible mandatory ignition interlock device.
These are the maximum penalties, not a guarantee. The right DWI defense lawyer can help you reduce or even avoid them entirely.
Want to know exactly what happens if convicted? Check our DWI Conviction in Texas guide.
License Suspension & ALR Hearings
One thing that surprises people is that losing your license doesn’t come from the judge at trial — it often happens through an Administrative License Revocation (ALR) hearing. If you fail or refuse a breath or blood test, Texas DPS will try to suspend your license automatically.
You have 15 days from the date of your arrest to request an ALR hearing to challenge this. Miss it, and your license could be gone before you even go to court.
At The Hull Firm, we handle these hearings for you — questioning the arresting officer’s testimony, finding holes in the evidence, and helping you apply for an occupational license so you can keep driving to work or school.
Learn more about how we fight for your license in our DWI FAQ.
Special Situations – Underage DWI, CDL Drivers & Out-of-State Visitors
Texas DWI laws come down even harder in certain cases:
- Underage DWI/DUI: Minors face automatic license suspension and potential impacts on college admissions and financial aid.
- Commercial Drivers: CDL holders face stricter BAC limits (0.04%) and can lose their livelihoods with just one conviction.
- Visitors & Tourists: Out-of-state drivers arrested for DWI in Texas can face license problems back home if they don’t handle the case properly.
If you or your child is facing a zero-tolerance charge, visit our Underage DWI Defense page.
How We Use Texas DWI Laws to Build Your Defense
Our job isn’t just to explain the law — it’s to use it to your advantage. Our Austin DWI defense team challenges:
- Illegal traffic stops
- Improper field sobriety tests
- Faulty BAC breath tests and blood draws
- Officer testimony that doesn’t add up
- Violations of your constitutional rights
A single error can be enough to weaken or even dismiss the state’s case. That’s why our local insight and courtroom experience matter so much.
Want to see how we approach first offenses? Visit our First-Time DWI Defense.
FAQs About Texas DWI Laws
What is the legal BAC limit in Texas?
For adults 21+, it’s 0.08%. For CDL holders, it’s 0.04%. For drivers under 21, any detectable alcohol can lead to a DUI.
Can I refuse a breath test in Texas?
Yes, but refusing comes with automatic license suspension through the ALR process.
Is a DWI in Texas a felony?
Usually, a first or second DWI is a misdemeanor. A third DWI or certain circumstances (child passenger, serious injury) can elevate it to a felony.
How long will a DWI stay on my record?
Unless dismissed or expunged, a DWI conviction stays on your record permanently.
Read our full DWI FAQ for more.
Get Answers – Talk to an Austin DWI Lawyer Today
Texas DWI laws are tough — but they’re not unbeatable. If you’ve been arrested for DWI anywhere in Travis County or Central Texas, get the facts about your rights and your options before you plead guilty.
The Hull Firm’s experienced Austin DWI attorneys will help you understand exactly how the law applies to you — and build the strongest possible defense.
Call 512-599-9999 or Request a Free Consultation now.
Get the Defense You Deserve – Call 512-599-9999 Today
Areas We Serve
Our legal team proudly serves clients throughout Central Texas. DWI charges aren’t just limited to Austin, and we regularly represent clients in surrounding cities and counties. We know the local courts, judges, and prosecutors in these areas, giving our clients a distinct advantage. Whether you're in downtown Austin or a rural area outside of Travis County, we’re ready to fight for you. Each jurisdiction has unique court procedures and local practices. We tailor our defense strategies to meet those regional expectations while protecting your legal rights with aggressive representation.
Austin Criminal Defense Lawyer
We are a highly-rated Defense Attorney on Google!
Get the Defense You Deserve – Call 512-599-9999 Today
The Hull Firm
We’re Here 24/7 to Help
Phone: 512.599.9999
Email: info@thehullfirm.com
1004 West Ave Austin, TX, 78701
Get Directions