How Do Travis County Courts Handle DWI Cases?

Two Prosecution Offices — One Courthouse

Travis County is unique in Texas: DWI prosecution is split between two offices. The Travis County Attorney’s Office prosecutes Class B and Class A misdemeanor DWI — first and second offense — in the Travis County Courts at Law. The Travis County District Attorney’s Office under DA José Garza handles felony DWI: third offense, DWI with a child passenger, and intoxication assault. Both offices are located at the Blackwell-Thurman Criminal Justice Center at 509 W. 11th Street. Knowing which office has your file, how that office evaluates its DWI cases, and what arguments each responds to is specific local knowledge that produces different outcomes.

The Travis County Attorney’s Office

The County Attorney has a Vehicular Crimes unit that actively prosecutes first and second offense DWI cases. The unit pursues cases through trial when defendants are unrepresented. With experienced representation, documented Fourth Amendment challenges and BAC evidence problems create real leverage toward dismissal. Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how the County Attorney’s office evaluates its files and where the leverage is.

DA José Garza’s Felony DWI Unit

Felony DWI cases — third offense, DWI with a child passenger under 15, and intoxication assault — are prosecuted by the Travis County DA’s office. These cases carry significantly higher stakes: a third-offense DWI is a third-degree felony with a 2-to-10 year TDCJ sentence range. Intoxication assault cases from I-35 and MoPac crashes frequently generate multiple counts. defense representation is essential at this level.

The ALR Proceeding Runs Separately

The Administrative License Revocation proceeding before the State Office of Administrative Hearings runs completely separately from both prosecution offices on its own timeline. The 15-day ALR deadline is the same regardless of which office has the criminal file. We file the ALR request the day you retain us on every Travis County DWI case.

How Cases Move Through Travis County Courts

After magistration at the Travis County Jail, the case is assigned to one of the Travis County Courts at Law (misdemeanor) or District Courts (felony) at Blackwell-Thurman. Misdemeanor cases typically see a first docket setting within 2 to 6 weeks of arrest. Felony cases move to a grand jury for indictment before proceeding in District Court. Most first-offense misdemeanor DWI cases with experienced representation resolve in 3 to 9 months. Cases with contested suppression hearings or trial take longer.