Austin DWI Lawyers

A DWI arrest in Austin demands immediate attention from an experienced lawyer.

As skilled Austin DWI attorneys, Gunter, Bennett & Anthes provides DWI defense for clients facing driving while intoxicated charges.

Our experienced attorneys bring over 65 years of combined criminal defense experience, including previous roles with the Travis County Attorney’s Office, giving us unique insight into Texas DWI laws.

Understanding DWI Charges in Texas

Texas law defines driving while intoxicated (DWI) under Texas Penal Code § 49.04. The statute requires three essential elements: a person must be operating a motor vehicle in a public place while intoxicated. This seemingly simple definition contains several important legal nuances that Texas courts have interpreted over time.

Intoxicated

The term “intoxicated” has two distinct legal definitions under Texas law.

1. A person is legally intoxicated if they have a blood alcohol concentration of 0.08 or more, known as “per se” intoxication.
2. A person can be considered intoxicated if they have lost the normal use of their mental or physical faculties due to the consumption of alcohol, drugs, or any other substance.

This means you can be charged with DWI even if your blood alcohol concentration is below the legal limit, as long as the state can prove you’ve lost the normal use of your mental or physical faculties.

Operating a Motor Vehicle

The concept of “operating a motor vehicle” extends beyond actually driving. Texas courts have interpreted this to mean having physical control of the vehicle, even if it isn’t in motion. For example, a person found in the driver’s seat of a parked car with the keys accessible could be charged with DWI if they’re intoxicated. The vehicle doesn’t need to be running or in motion for a DWI charge to apply.

It’s also worth noting that DWI laws apply to all types of motor vehicles, including boats and aircraft, and there’s no requirement to prove the person intended to drive while intoxicated. The law focuses on the act itself rather than the person’s intentions, making it a strict liability offense.

Public Place

A “public place” includes any location where the public or a substantial group of people has access. This obviously includes public roads and highways, but it also extends to parking lots, driveways accessible to the public, and private roads in places like apartment complexes or business parks. The broad definition of public place means that even driving while intoxicated on some private property could result in a DWI charge.

If you’re facing a DWI conviction, you need an experienced criminal defense attorney who understands the nuances of DWI cases and laws. Our team handles both first offense DWI cases and felony DWI cases with equal dedication.

DWI Penalties and Consequences

Under the Texas Penal Code, DWI offenses range from a Class B misdemeanor to a second or third degree felony. The Texas Penal Code § 49.04 establishes base penalties, while § 49.08 covers intoxication manslaughter cases where a DWI results in death.

First Offense DWI

Your first DWI charge carries the following penalties:

• Class B misdemeanor
• Up to 180 days in county jail
• Fines up to $2,000 plus court costs
• Driver’s license suspension up to one year
• Annual surcharges through the Texas Department of Public Safety
• Possible enhancement to Class A misdemeanor if BAC ≥ 0.15

Second DWI Offense

The penalties increase for your second DWI charge:

• Class A misdemeanor with enhanced DWI penalties
• Mandatory minimum of 30 days to one year in county jail
• Fines up to $4,000
• Driver’s license suspension up to two years
• Required ignition interlock device
• Enhanced penalties if serious bodily injury occurs

Third or Subsequent DWI

A third or subsequent DWI charge carries harsher penalties:

• Third-degree felony
• Mandatory 2-10 years in the Texas Department of Criminal Justice
• Fines up to $10,000
• License suspension and driving privileges revoked
• Enhanced to a second-degree felony if serious bodily injury occurs

Intoxication Manslaughter

Under Texas Penal Code § 49.08, if a DWI results in death:

• Second-degree felony classification
• 2-20 years in prison
• Fines up to $10,000
• Permanent driver’s license revocation
• Enhanced punishment if the victim was a:
  • Peace officer
  • Firefighter
  • Emergency medical personnel

Your Rights During a DWI Stop

Field Sobriety Tests

Austin police officers often request field sobriety tests during traffic stops. You have the right to refuse these tests, which can be challenged by your DWI defense attorney in court. Common field sobriety tests include:

• Horizontal gaze nystagmus
• Walk and turn
• One-leg stand

Chemical Testing

While Texas laws include implied consent, you can refuse breath or blood tests. However, refusal leads to:

• Automatic suspension of the driver’s license for 180 days
• Possible warrant for blood testing
• Evidence of refusal in DWI proceedings

It’s always a good idea to refuse a breath or blood test. Don’t let the threat of a license suspension trick you into providing a sample. It’s very easy to get an occupational license, which will allow you to drive. Getting out of a DWI can be more difficult which is why you want an experienced DWI lawyer. Don’t make your lawyer’s job more difficult by giving evidence against yourself in the form of a breath or blood test.

License Suspension and Administrative Hearings

After a DWI arrest, you have 15 days to contest your license suspension. An experienced DWI lawyer can:

• Request the Administrative License Revocation hearing
• Challenge the suspension
• Help obtain an occupational driver’s license
• Navigate Texas Department requirements
• Address other alcohol related offenses

Fighting your license suspension not only may result in allowing you to drive without an occupational license, but it’s also a good way to attack the DWI arrest. An experienced DWI lawyer knows how to use a license hearing as a tool to fight your DWI.

Why Choose Our Austin DWI Lawyers

As experienced  DWI attorneys, we bring unique qualifications to help fight DWI convictions. Our attorneys have handled hundreds (if not thousands) of DWI cases in Travis County courts. Each DWI lawyer at our firm understands both prosecution and defense strategies, allowing us to build stronger cases for DWI dismissal.

Strategic DWI Defense Approaches

Our skilled DWI lawyer team examines:

• Probable cause for stops
• Field sobriety test administration
• Blood alcohol concentration testing procedures
• Chain of custody
• Police officer conduct and training
• Medical conditions affecting testing
• Equipment calibration

First-Time DWI Offenders

We regularly help first-time DWI offenders navigate the legal system. Options for a first-time DWI offense may include:

• DWI probation programs
• Reduced charges like reckless driving
• Treatment programs
• Driver’s license suspension alternatives
• Criminal record sealing opportunities

Take Action to Protect Your Rights

Time is critical in DWI cases. Early intervention by a DWI defense attorney can:

• Preserve evidence
• Protect driving privileges
• Challenge unlawful procedures
• Identify rights violations
• Build a stronger defense
• Seek DWI charge reduction

Facing criminal charges for driving while intoxicated? Contact our Austin DWI lawyers for a free consultation. Our experienced DWI attorneys will evaluate your case and explain your options. From our offices in Travis County, we serve clients throughout the Austin area with dedicated criminal defense representation.