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What to Expect After a DWI Arrest in Travis County

Home » What to Expect After a DWI Arrest in Travis County
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.
For more than 30 years, we have had one mission: providing outstanding criminal defense to those who have entrusted us with their representation. If you’ve been arrested and need an experienced criminal defense attorney, contact the law office of Gunter, Bennett, and Anthes today.

What to Expect After a DWI Arrest in Travis CountyA DWI arrest in Travis County unfolds rapidly, from a traffic stop to field sobriety tests and custody. The aftermath brings confusion about your license, job, and future. At Gunter, Bennett, & Anthes, we bring decades of combined experience defending DWI cases throughout Travis County. Call (512) 476-2494 or contact us online for a free consultation to discuss your Travis County DWI case.

The Arrest and Immediate Process

The Arrest and Immediate ProcessFollowing arrest by Austin police or Travis County deputies, you will be processed at a booking facility where you will be photographed, fingerprinted, and asked to provide a breath sample using Travis County’s Intoxilyzer 9000. If you refuse testing, officers may obtain a warrant for a blood draw.

Understanding Chemical Test Refusals

Texas’s “implied consent” law means refusing testing triggers automatic license suspension through an Administrative License Revocation (ALR) hearing. While refusal means less direct evidence for prosecutors, it also brings immediate license consequences that an experienced Travis County DWI attorney can help you navigate.

Your Driver’s License and the ALR Process

You have only 15 days after arrest to request an ALR hearing to challenge license suspension. Missing this deadline means an automatic suspension:

  • 90 days for the first offense with a failed test
  • 180 days for refusal

Our Travis County criminal defense lawyers can represent you at ALR hearings and help secure occupational licenses for essential driving needs.

The Criminal Court Process

Your DWI case will be prosecuted by the Travis County District Attorney’s Office or the Travis County Attorney’s Office, depending on whether it’s charged as a misdemeanor or felony.

DWI Classifications in Texas include:

  • First offense DWI: Class B misdemeanor (up to 180 days in jail, $2,000 fine)
  • Second offense DWI: Class A misdemeanor (up to one year in jail, $4,000 fine)
  • Third or subsequent DWI: Third-degree felony (2-10 years in prison, $10,000 fine)
  • DWI with BAC .15 or higher: Enhanced penalties
  • Intoxication assault: Third-degree felony (causing serious bodily injury while intoxicated)
  • Intoxication manslaughter: Second-degree felony (causing death while intoxicated)

You will have several court appearances, starting with an arraignment where you enter your plea. From there, your Travis County criminal defense attorney from Gunter, Bennett, & Anthes will work on your case through pre-trial negotiations, motion hearings, and potentially a trial.

Possible Defenses in Travis County DWI Cases

Not every DWI arrest leads to a conviction. We will examine every aspect of your case, including potential defenses such as:

  • Legality of the traffic stop
  • Proper administration of field sobriety tests
  • Breathalyzer calibration and maintenance
  • Blood test protocol compliance
  • Rising BAC defense arguments

Potential Penalties Beyond Court

A DWI conviction in Texas carries consequences beyond the criminal penalties:

  • License suspension (6 months-2 years)
  • Annual surcharges ($1,000 to $2,000 per year for three years)
  • Insurance rate increases
  • Employment and professional licensing impacts

Time is Critical: Call Our Travis County DWI Defense Lawyers Now

The 15-day ALR deadline is critical. Early attorney involvement preserves evidence while memories and footage remain fresh. Our attorneys’ experience as former Travis County prosecutors provides unique insight into local DWI defense strategies.

Facing Travis County DWI charges? Call Gunter, Bennett, & Anthes at (512) 476-2494 or contact us online immediately for a free consultation. Our Travis County criminal defense lawyers are available 24/7. Remember, you have only 15 days to request your ALR hearing.

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