Austin DUI Attorney

Charged with a DUI in Austin? With more than 65 years of collective experience fighting DUI charges, Gunter, Bennett, & Anthes will deliver the best possible outcome for your case.

Call (512) 476-2494 to schedule a free consultation with a trusted Austin DUI attorney to start building your defense today.

Trusting Gunter, Bennett, & Anthes to Handle Your DUI

Our Austin DUI attorneys have been serving residents of the greater Austin, TX metro area for over 30 years.

Fighting for individuals accused of criminal offenses is what drives us every day.

We remain steadfast in defending constitutional rights, safeguarding personal freedoms, and upholding the integrity of our justice system’s adversarial process.

Differentiating Between DUI and DWI in Texas

Texas law distinguishes between DUI and DWI offenses based primarily on the driver’s age and intoxication level. Understanding these distinctions helps you recognize what charges you may face and how we can defend your case.

Driving Under the Influence (DUI)

DUI charges in Texas only apply to drivers under 21 years of age who operate motor vehicles with any detectable amount of alcohol in their system. The Texas Penal Code Section 106.041 prohibits minors from driving with any measurable alcohol concentration, regardless of whether impairment can be demonstrated.

Driving While Intoxicated (DWI)

DWI laws apply to all drivers, as well as minors who meet the intoxication criteria defined in Texas Penal Code Section 49.01. The statute prohibits operating a motor vehicle while intoxicated, meaning a person has lost the normal use of their mental or physical faculties due to alcohol or drug consumption, or has a blood alcohol concentration of 0.08% or higher.

Penalties for DUI in Texas

Minors convicted of DUI face penalties that can impact their education, job prospects, and driving privileges. Consequences can include fines of up to $500, mandatory alcohol awareness courses, community service, and a driver’s license suspension lasting from 60 days to one year, depending on the severity of prior offenses.

Penalties for DWI in Texas

DWI convictions carry progressively harsher sanctions with each subsequent offense. At Gunter, Bennett, & Anthes, we scrutinize every element of the state’s case to identify weaknesses and protect your rights throughout the legal process.

First Offense

A first-time DWI conviction is classified as a Class B misdemeanor. However, it elevates to Class A if your BAC is measured 0.15% or higher. Consequences include:

• Fines reaching $2,000 (or $4,000 for elevated BAC).
• Driver’s license suspension lasting 90 days to one year.
• Driver’s license “superfines” of up to $6,000 depending on the punishment and BAC level.
• Mandatory installation of ignition interlock devices in certain circumstances.
• Required completion of DWI education programs.
• Jail time ranging from 72 hours to 180 days (or up to one year for elevated BAC).
• Special insurance requirements and expenses if convicted.

Second Offense

Your second DWI becomes a Class A misdemeanor with substantially increased penalties. Courts impose stricter sentences to deter repeat behavior:

• Incarceration from 30 days to one year in county jail.
• Fines up to $4,000.
• License suspension extending from 180 days to two years.
• Driver’s license “superfines” of up to $6,000 depending on the punishment and BAC level.
• Mandatory ignition interlock device installation.
• Community supervision requirements and alcohol treatment programs.
• Having an open container of alcohol will increase your mandatory minimum jail sentence.

Third Offense

A third DWI escalates to a third-degree felony charge. Felony convictions create permanent criminal records affecting employment, housing, and civil rights:

• State prison sentences, ranging from two to ten years.
• Fines of up to $10,000.
• Driver’s license suspension from 180 days to two years.
• Permanent felony record affecting voting rights and firearm ownership.
• Mandatory ignition interlock device installation upon license reinstatement.
• Long-term collateral effects on professional licensing and educational opportunities.

Defense Strategies for DUI/DWI Dismissals

We prioritize getting a dismissal so you don’t suffer any of these consequences by thoroughly investigating every aspect of your case. Our Austin DUI lawyers employ proven defense strategies designed to expose weaknesses in the prosecution’s case and protect your constitutional rights.

Challenging Police and Legal Processes

Law enforcement officials must adhere to strict protocols when conducting traffic stops and making arrests. We examine procedural compliance to identify violations that can invalidate your charges:

• Lack of reasonable suspicion or probable cause.
• Failure to properly advise you of your Miranda rights.
• Improper arrest procedures or documentation errors.
• Chain of custody problems with evidence collection and storage.
• Missing or inadequate officer training certifications.
• Violations of your Fourth Amendment protections against unreasonable searches.

Challenging Chemical Tests

Breath, blood, and urine tests must meet rigorous scientific standards to produce reliable results. We investigate testing procedures to uncover errors that compromise accuracy:

• Improperly calibrated or maintained breathalyzers.
• Failure to follow the required waiting periods.
• Contaminated or mishandled blood samples.
• Medical issues or medications that cause false positives.
• Violations of Texas Transportation Code §724.012, which governs testing procedures and consent laws.
• Unqualified personnel performing or analyzing tests.

Challenging Field Sobriety Tests (FSTs)

Field sobriety tests rely on subjective officer observations and are inherently unreliable. The Austin criminal defense attorneys at Gunter, Bennett, & Anthes challenges these assessments by highlighting factors that undermine their validity:

• Failure to follow NHTSA field sobriety test standards.
• Physical limitations or injuries affecting performance.
• Poor conditions, such as uneven ground or bad lighting.
• Inaccurate instructions or demonstrations by officers.
• Age, weight, or footwear impacting balance.
• Officer bias, influencing test interpretation.

Early Intervention With an Austin DUI Attorney Is Critical

Contacting our firm immediately after your arrest provides significant advantages in building your defense. Time-sensitive opportunities exist that disappear quickly without prompt legal action. Our Austin DUI lawyers:

• Secure evidence and witness statements before they’re lost.
• Request an Administrative License Revocation (ALR) hearing within 15 days to protect your driver’s license.
• Identify Fourth Amendment and procedural violations.
• Challenge constitutional rights violations to suppress evidence.
• Build a strong defense through a detailed case review.
• Seek charge reductions through early negotiations.

Don’t Let a DUI Define Your Future. Contact an Austin DUI Attorney Now

Your best interests are our top priority when we represent you in cases involving DUI or DWI charges. Don’t plead guilty without first exploring all available defenses with our experienced legal representation. We have a proven track record of securing dismissals against DUI and DWI charges.

Call Gunter, Bennett, & Anthes at (512) 476-2494 or reach out online to schedule a free consultation with a reputable DUI attorney in Austin, TX. Start building your defense today and take the first step toward protecting your rights, your freedom, and your future.