DWI Lawyer Near You in Austin, TX

What is the difference between DUI and DWI?

In Texas, the difference between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) lies primarily in the driver’s age but also involves the level of intoxication.

DWI (Driving While Intoxicated):

A DWI applies to drivers aged 21 or older who operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or show clear signs of impairment, regardless of BAC. DWI is a more serious offense with harsher penalties, including fines, license suspension, and possible jail time.

DUI (Driving Under the Influence):

A DUI is specific to drivers under the age of 21. Texas has a zero-tolerance law, meaning any detectable amount of alcohol in an underage driver’s system can result in a DUI charge. Even a BAC below 0.08% can lead to consequences like fines, mandatory education programs, and license suspension.

In summary, DWI focuses on adult impairment, while DUI targets underage alcohol use.

Who Gets Arrested For DWI In Texas?

Driving While Intoxicated (DWI) arrests in Texas largely fall into two categories. First, most frequently, you have police arresting ordinary citizens who may have had a few drinks but have not lost the normal use of their mental or physical faculties. Second, you have people who are legitimately intoxicated and have made the unfortunate mistake of getting behind the wheel. In either case, all counties in Texas take DWI cases extremely seriously. You need to be prepared to mount an aggressive defense to protect your criminal record and your freedom. Which is why having an aggressive DWI lawyer behind you is important.

What is Driving While Intoxicated (DWI) in Texas?

A person commits the offense of DWI in Texas if they operate a vehicle in a public place while intoxicated. When defining intoxicated, the Texas Penal Code gives two separate definitions. Either (1) not having the “normal” use of your mental or physical faculties because of the introduction of alcohol or drugs, or (2) having a blood alcohol concentration of 0.08 or more.

If you are facing a DWI charge, call The Law Office of Eric Harron today at (512) 963-8855 and schedule your free consultation. We are committed to providing our clients with aggressive legal representation.

Know your Rights

When you are stopped after drinking

As an Austin DWI lawyer, I get asked all the time what to do if you get stopped by the cops after drinking. Here are some things to do to protect your rights and increase your chances of beating a DWI:

  • Be Polite and Respectful: Stay calm, nice and cooperative with the officer. Being mean or belligerent will only make things worse.
  • Do Not Admit to Drinking: Do not admit to drinking or going to bars. You can simply say, “My lawyer told me not to answer these questions.” Anything you say will be included in the officer’s report and used against you at your trial.
  • Refuse All Sobriety Tests: This includes the Horizontal Gaze Nystagmus (Eye Test), Walk-and-Turn Test, and One-Leg Stand Test. These tests are highly subjective and can be misinterpreted even if you are sober.
  • Do Not Consent to a Breath or Blood Test: While refusing these tests will result in a license suspension, we would advise against taking them. Breathalyzers and blood tests are prone to errors and can give false readings. If your BAC is .08 or higher, your license will be suspended, and the results will be used against you in court.
  • Call an Experienced DWI Lawyer Now: If you get arrested, call Eric Harron at 512-963-8855 right away. We answer phones 24/7, nights, weekends, and holidays to get all the details while it’s still fresh in your mind. This helps us build your case.

When you are charged with a DWI

When you get a DWI, you need to know your rights to protect yourself:

  • Right to Remain Silent: You don’t have to answer questions about where you’ve been or how much you’ve drank. Just politely say no and decline to answer questions without a lawyer present.
  • Right to Refuse Field Sobriety Tests: Field sobriety tests such as walking a straight line can be refused. These tests are subjective and will be used against you.
  • Right to an Attorney: You have the right to an attorney. Call DWI Defense attorney Eric Harron at 512 963 8855 immediately to get help with this.
  • Implied Consent Law: You can refuse a breath or blood test, but your license can be suspended under Texas’s implied consent law. But this can be contested later in court.

DWI Penalties in Texas

Texas imposes harsh penalties for DWI offenses. These penalties increase with the number of offenses or if aggravating factors, such as accidents or high blood alcohol content (BAC), are involved:

1. First DWI Offense

  • Fines: Up to $2,000
  • Jail Time: 3–180 days
  • License Suspension: Up to 1 year
  • Additional: Alcohol education programs, community service

2. Second DWI Offense

  • Fines: Up to $4,000
  • Jail Time: 1 month–1 year
  • License Suspension: Up to 2 years
  • Additional: Mandatory ignition interlock device (IID)

3. Third DWI Offense

  • Fines: Up to $10,000
  • Jail Time: 2–10 years
  • License Suspension: Up to 2 years
  • Additional: Felony conviction, increased penalties

Aggravating factors, such as driving with a minor or causing injury, can lead to additional penalties, including extended jail time and higher fines. For more details, read: Texas DWI Penalties and How to Fight Back.

What to Expect on a DWI Charge?

First DWI

If it’s your first DWI, it can get quickly overwhelming. Here’s what you need to know:

  • What Happens After Arrest?
    You’ll appear in front of a magistrate where your bond will be set. Ultimately you will be allowed to post the bond or you will be issued a personal recognizance bond and you will be released. Your lawyer will then prepare your defense.
  • Penalties:
    You can face probation, jail time, fines, license suspension and education programs.
  • Defense:
    Your lawyer may challenge the stop, BAC tests or procedural errors. Read more in this guide: What to Expect as a First Time DWI Offender.

Second and Third DWI

Repeat DWI’s have bigger penalties:

  • Second DWI:
    More jail time and mandatory IID and longer license suspension.
  • Third DWI:
    A felony or a third DWI can mean years in prison, big fines, and a permanent criminal record.

If you have multiple charges call Attorney Eric Harron now on 512-963-8855 now to build your defense.

DWI Defense for College Students

DWI’s can devastate college students’ future, their scholarships, financial aid and even enrollment. Underage drinking charges add another layer of legal trouble.

Lawyers can negotiate reduced charges or alternative sentencing like education programs to minimize the impact on a student’s future.

Underage DUI/DWI in Texas

In Texas if you are under 21 you are considered a minor and face stricter DWI/DUI laws. Zero tolerance means you can be arrested for any detectable amount of alcohol in your system even below the adult BAC of 0.08. If you are a minor and your BAC is 0.08 or higher you will face the same charges and penalties as an adult.

First time offenders can face up to a 1 year license suspension, $500 fine, community service hours and mandatory alcohol education. Repeat offenders face harsher penalties including jail time, higher fines and longer community service hours.

Underage DWI’s can ruin your future, education, career and car insurance rates. Get an experienced Austin DWI lawyer to minimize the damage. Call Eric Harron 512-963-8855 for a free case evaluation and a fighting chance.

Choosing the right DWI lawyer is crucial for a strong defense.

Here are four essential tips to identify the best attorney for your case:

  1. Experience: Ensure the lawyer routinely accepts DWI cases and has extensive experience handling similar cases. Familiarity with Texas DWI laws is critical for effective representation.
  2. Local Knowledge: A local attorney understands the courts, judges, and prosecutors in your area, providing an advantage in crafting your defense strategy.
  3. Client Reviews and Reputation: Check online reviews, testimonials, and peer recommendations to assess the lawyer’s reputation and track record of success.
  4. Clear Communication: A good attorney is responsive, explains legal processes clearly, and keeps you informed at every stage of your case.

Attorney Eric Harron’s Proven Track Record for DWI Defense

The Law Office of Eric Harron has over 15 years of experience and is well versed in DWI law and DWI defense. Read more about our successful case results.

State v. O. U.

Client was charged with a DWI second. He performed poorly on all the field sobriety tests. He was asked to count as well as say part of the alphabet where he mistakenly repeated numbers and letters. After he was arrested an empty bag containing cocaine residue was found in his possession.

Result: Not Guilty.

State v. F. M.

Client was charged with DWI. Client performed poorly on field sobriety tests. After his arrest the client proceeded to scream obscenities and insults at the officer the entire way back to jail.

Result: Not Guilty.

State v. C. D.

Client was charged with DWI. Client had a strong odor of alcohol coming from his breath. He was wearing disheveled and stained clothes and was wearing a wrist band indicating he had been at a dance club.

Result: Not guilty.

Read more of our DWI case results and success here.

Areas We Serve for DWI Defense in Texas

We serve the Bell, Hays, Travis, and Williamson counties of Texas and have locations in three cities. Learn more specific information about DWI cases and the law in the Austin, Temple, Cedar Park, and surrounding areas. At The Law Office of Eric Haron, we want to help you achieve the best outcome. Eric is passionate about every case he takes and can help you discuss your specific situation. Contact us and schedule your free consultation today to review your case today.

FAQs about DWI Charge in Texas

Who Gets Arrested For DWI In Texas?

Driving While Intoxicated (DWI) arrests in Texas largely fall into two categories. First, and in my opinion, most frequently, you have police arresting innocent citizens who may have had a few drinks but have not lost the normal use of their mental or physical faculties. Second, you have people who are legitimately intoxicated and have made the unfortunate mistake of getting behind the wheel. In either case, all counties in Texas take DWI cases extremely seriously. You need to be prepared to mount an aggressive defense to protect your criminal record and your freedom. Which is why having an aggressive DWI lawyer behind you is important.

I Have Been Charged DWI. What Am I Looking At?

When you are charged with DWI in Texas you technically have two cases pending against you. One case is criminal and the other is civil. The criminal case is prosecuted by the County Attorney’s Office if it is a misdemeanor (a first or second DWI offense) and the District Attorney’s Office if it is a felony (DWI third and up or DWI with a child passenger). The civil case is called an Administrative License Revocation Hearing (or ALR hearing). This hearing pertains to your driver’s license and is prosecuted by the Texas Department of Public Safety. You have 15 days after your arrest to request an ALR Hearing or it is waived. Be sure to request this hearing or retain a Texas DWI lawyer to do it for you within the 15 day time period or you will forfeit your right to contest your pending driver’s license suspension! Also, when interviewing an attorney make sure they will handle this hearing for you as well as the underlying DWI charge.

Find out what you should expect as a first time DWI offender.

If you are facing a charge, don’t wait to act. Contact Eric Harron today and speak with an experienced Texas DWI lawyer about your case.

I Submitted to a Breath Test. Do I Still Have A Defense To My Case?

Absolutely. The breath test machine used by virtually all counties in the state is the Intoxilyzer 5000. It is a machine designed in the early 1980s utilizing technology designed in the 1970s. There are often errors with individual breath test machines that you, the suspect, are unaware of at the time of the test. As a practice, I have a discovery order on the particular breath test machine my client was tested on in order to search for possible errors. Further, you have 4th amendment defenses that may be employed to suppress evidenc,e such as your breath test and the traffic stop that led to your arrest. When interviewing a DWI lawyer, you need to make sure they will thoroughly evaluate all the evidence leading up to the breath test as well as the breath test machine itself.

The Police Took My Blood. Why Were They Able To Do That?

If you were arrested for a misdemeanor and did not consent to a blood draw, the police likely obtained a warrant for your blood. Just like a search warrant can be obtained and executed on a house where police are looking for drugs, police can obtain and execute a search warrant on your body looking for alcohol. This is becoming common in Texas on “No Refusal Weekends.” On a No Refusal Weekend, the Police Department keeps a magistrate judge on duty 24 hours. They also set up a station with a phlebotomist (a person trained to draw blood). Warrants are issued and blood is drawn in a very streamlined process. If it is a felony arrest (DWI third and up or DWI with a child passenger), officers will almost always seek a blood warrant. As your DWI lawyer I will make sure that the blood draw was properly executed, the blood was properly stored and properly tested. There are MANY moving parts in a blood draw case where the police and laboratories can make mistakes. It’s those mistakes that I leverage to get blood evidence thrown out of court.

What Should I Look For In A DWI Attorney to Handle My Case?

The most important thing is your confidence and comfort in the choice of a DWI attorney. This confidence and comfort will come from someone who has a good reputation with the prosecutors handling your case as well as with the judge who will hear it. It will come from someone who frequently takes DWI cases to trial.

It will not come from someone who is pressuring you for your business and to sign a contract on the first meeting. It will not come from someone who is only willing to take part of your case (only willing to handle your DWI charge and not other charges arising out of the same incident). I encourage you to take a look at my previous DWI case results and set up a consultation with me as well as other lawyers before making your decision to hire someone. I’ve found that people will frequently hire me after shopping around and meeting with many attorneys. I invite you to do the same and give me a chance to be your DWI attorney. Don’t hesitate to contact our office today at (512) 963-8855 and schedule your free consultation.