Austin Criminal Defense FAQ

The most-searched criminal defense questions in Austin — answered straight. Short answer here, full article one click away. Former prosecutor on staff. Over 930 dismissals or rejected cases since 2021. Free consultation 24/7 at 512-599-9999.

✓ Over 930 dismissals or rejected cases since 2021 ✓ Former Prosecutor on Staff ✓ Travis County Courts ✓ Free Consultation
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After a DWI Arrest

DWI is the #1 criminal charge in Austin. These are the first questions people search the night of an arrest.

Not necessarily. Most first-offense Travis County DWIs resolve without jail time through probation, diversion, or dismissal — but only when properly defended. The charge itself carries up to 180 days. Deferred adjudication is NOT available.

Yes — The Hull Firm has dismissed hundreds. The most common grounds are an illegal traffic stop, field sobriety test errors, or BAC evidence problems. Any one of those angles can collapse the prosecution's case.

Refusing triggers automatic license suspension consequences through the ALR process — longer than if you complied. But refusal cases are still defensible. There's no universally right answer; it depends on your specific situation.

A BAC result above 0.08 doesn't automatically mean conviction. The test still has to be valid — calibration, chain of custody, operator certification, and lab procedures can all be challenged. A 0.15+ reading elevates the charge to Class A.

The ALR hearing is a civil proceeding to fight your license suspension — separate from the criminal case. You have 15 days from arrest to request one. The hearing also lets us lock in officer testimony before the criminal case starts.

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DWI Evidence & The Stop

The most common questions about challenging DWI evidence — the area where most Austin DWI dismissals actually originate.

Not as reliable as prosecutors suggest. Texas uses the Intoxilyzer 9000. Calibration logs, operator certification, mouth alcohol contamination, and medical conditions can all produce false readings — and all are challengeable in Travis County courts.

The officer needed reasonable suspicion to stop you — a specific, articulable reason. If the stop was based on a vague hunch or pretextual reason that doesn't hold up, everything that followed can be suppressed: the FSTs, the BAC, the arrest.

Reasonable suspicion to stop (lower standard) — then probable cause to arrest (higher standard). Officers need both, in sequence. Challenging either breaks the chain. Most DWI dismissals attack the reasonable suspicion for the initial stop.

Yes — blood evidence has more attack points than breath. The warrant has to be valid. The draw has to follow proper medical procedures. The chain of custody must be documented. The lab analysis has to meet scientific standards. Any break is exploitable.

Travis County's Vehicular Crimes unit prosecutes all DWIs actively — even first offenses. They don't soft-pedal DWI. Allison Tisdale prosecuted in these courts before joining our firm. We know exactly how they build cases and where those cases break.

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General Criminal Defense

The questions people search when facing any criminal charge in Austin — from the moment of arrest through resolution.

Say: 'I am invoking my right to remain silent. I want an attorney.' Stop talking completely. Write everything down. Call us at 512-599-9999. The first 24 hours affect your case more than any period that follows.

You have the right to remain silent (beyond basic ID), the right to refuse consent to search, and the right to an attorney once arrested. Knowing and clearly invoking these rights — without being combative — is the most important thing you can do.

Probable cause is the legal standard police need to arrest you — enough specific facts to reasonably believe you committed a crime. It's higher than reasonable suspicion (needed to stop you) but lower than proof beyond a reasonable doubt.

Travis County misdemeanors: 3 to 12 months. Felonies: 6 months to 2 years. Family violence cases and DWIs with contested BAC take longer. The charge type and the DA unit both affect the timeline significantly.

Misdemeanors: Class C (fine only), Class B (up to 180 days), Class A (up to 1 year). Felonies: state jail (180 days–2 years) through first-degree (5–99 years). The class determines which court, which DA unit, and what the conviction costs you permanently.

Yes — and early intervention is where the best outcomes come from. The pre-filing window, before the DA formally charges, is the highest-leverage point in any case. Attorney involvement before charges are filed can sometimes prevent them entirely.

Yes. The Hull Firm has achieved Over 930 dismissals or rejected cases since 2021 across Travis, Williamson, and Hays County. Reductions and diversions are also real outcomes. The specific grounds depend on your charge type, evidence, and county.

An arrest shows on background checks immediately — even before conviction. A dismissed charge stays on your record until you get a court-ordered expunction. Don't assume a dismissal clears your record automatically. It doesn't.

Misdemeanors: 2 years. Most felonies: 3 years. Sexual assault, murder, and certain other serious charges have no statute of limitations. Even if the DA didn't file right away, they may still have time — which is why your record needs to be cleared after qualifying cases.

Arraignment is the formal reading of charges and plea entry. In Travis County, your attorney typically enters a not guilty plea to preserve all options. The more important hearing is magistration — the bond-setting stage that comes first.

Magistration happens within 24–48 hours of arrest. First scheduled court date typically comes within 2–6 weeks after that. From there, misdemeanor cases move through Travis County Courts at Law over 3 to 12 months.

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Hiring the Right Lawyer

The questions people search when deciding whether and who to hire — and the answers that help them make the right call.

Typically $3,500–$8,000 for a first-offense DWI with ALR representation included. Complex cases, high-BAC charges, or cases going to trial will be higher. The Hull Firm uses flat fees, free consultations, and payment plans.

Yes — without question. Deferred adjudication is not available for DWI in Texas. A first-offense conviction is permanent, on your record forever. A lawyer can pursue dismissal or diversion that a self-represented defendant will never find.

In Texas, DUI applies specifically to drivers under 21. Any detectable alcohol is a violation under zero-tolerance law. Yes — a DUI on a juvenile record has consequences for college, military, and employment. Get representation.

Technically possible. Practically, almost never. The Travis County DA's office is a professional prosecution operation. Without knowing the local court procedures, the specific evidence challenges, and the ALR process, you're unilaterally disarmed.

Local court experience. Knowledge of how the specific DA's office evaluates cases. Willingness to file suppression motions and take cases to trial. Honest case assessments — not promises. For Austin: a former Travis County prosecutor is a concrete advantage.

Yes — especially if you're innocent. Innocent people are convicted regularly when unrepresented. The prosecution builds its case regardless of actual guilt. You need someone who knows how to challenge the evidence before the narrative hardens.

Both are licensed attorneys. The difference is caseload and available time. Travis County public defenders carry hundreds of active cases simultaneously. The Hull Firm handles fewer cases specifically to allow the depth of work that produces dismissals.

It depends entirely on your evidence and your charge. The Hull Firm never recommends a plea deal without exhausting every dismissal and diversion avenue first. Trial is always an option — and the threat of a prepared defense changes what prosecutors offer.

Yes — APD's Entertainment District Unit runs dedicated DWI enforcement on Sixth Street and Red River on Thursday through Saturday nights. DPS Troopers work IH-35 and MoPac year-round. Travis County consistently generates among the highest DWI arrest volumes in Texas.

Your situation is specific. Talk to an attorney now.

These answers are educational starting points. Your charge, your evidence, and your county determine what’s actually available. Free consultation — 24 hours a day.

Facing Criminal Charges in Austin? Call The Hull Firm Now.

For DWI, the 15-day ALR window is running. For any charge, the Travis County DA is building its file. Call 512-599-9999 — 24 hours a day, 7 days a week.

Educational purposes only. Not legal advice. Contact The Hull Firm for a free, confidential consultation specific to your case.

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