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DWI Lawyer in Austin, TX


Hire An Attorney With DWI Law Experience


Emergency Notice: You only have 15 days after a DWI arrest in Austin to request a hearing or your license will be automatically suspended. Don’t wait. Call our office now to protect your license, your record, and your future. 


When you’re charged with DWI, the attorneys at the Law Offices Of RRK offer aggressive representation to help you achieve the best outcome possible. A plea bargain can help you get your charge reduced. Reach out to a talented DWI attorney in Austin, TX today to learn more about your options.

What Could You Be Facing When You’re Charged With DWI?

If you are facing DWI (Driving While Intoxicated) charges, it is important to find the right law firm for your defense. Hiring a qualified defense attorney is essential to ensure that you can protect yourself from the long-term consequences of DWI convictions.


DWI offenses can range from minor class B misdemeanors to major felonies depending on the circumstances of the charge, and each carries its own potential consequences. The most common type of DWI offense is driving while intoxicated with a blood alcohol concentration (BAC) at or above the legal limit, but other offenses related to impaired driving may also be prosecuted. Regardless of the nature of the charge, finding a reliable law firm with experienced criminal defense attorneys is key to defending your rights and protecting your future.


Many law firms offer free consultations where individuals can discuss their situation in more detail and learn more about working with a lawyer. During this initial meeting with an attorney, they will be able to get an understanding of both state and federal laws, as well as any applicable defenses that may apply in their case. During this consultation period, individuals should be sure to ask questions about the attorney's experience in DWI cases, as well as ask for any special offers or payment plans that may be available through specific law firms.


In Texas, individuals have only 15 days from the date of their arrest or notice from DPS regarding license suspension to request a hearing with DPS regarding license suspension or revocation due to DWI charges. Failing to take action within these 15 days could result in automatic license suspension for up to 90 days or longer, depending on circumstances and prior convictions. Many attorneys offer emergency services so that those facing DWI charges can take immediate action and begin building their defense in their criminal case before their court date arrives. 


The penalties associated with DWI convictions can vary greatly based on several factors including prior convictions, the severity of intoxication at the time of the offense, and any other related criminal behaviors such as property damage or injuries caused by impaired driving. Depending on these factors, punishments for those convicted of DWI can include fines ranging from hundreds to thousands of dollars, along with jail or prison time ranging from months to years in length. Of course, all convictions will remain part of an individual's criminal record, which could lead to issues finding employment or housing down the line if not addressed properly. 

What Are the DWI Penalties in Austin, TX?

Texas DWI Charges Range from First-Offense Misdemeanors to Felony Manslaughter.

In Texas, DWI charges can range from a Class B misdemeanor to a second-degree felony, depending on the facts of your case. Penalties increase sharply if you have prior convictions, cause injury or death, or have a child passenger in the vehicle.

Here’s how Texas DWI charges typically escalate:

  • First-Offense DWI (Class B Misdemeanor)
    Up to 180 days in jail, $2,000 fine, and 1-year license suspension
    ➤ Learn more
     
  • Second-Offense DWI (Class A Misdemeanor)
    Up to 1 year in jail, $4,000 fine, and longer license suspension
     
  • Third DWI or More (Third-Degree Felony)
    2–10 years in prison and a $10,000 fine
    ➤ May also trigger habitual offender enhancements
     
  • DWI with Child Passenger (State Jail Felony)
    See below for full breakdown
     
  • Intoxication Assault (Third-Degree Felony)
    Causing serious bodily injury while driving intoxicated
    ➤ Often charged after major auto accidents
     
  • Intoxication Manslaughter (Second-Degree Felony)
    Causing death while intoxicated – 2 to 20 years in prison
    ➤ Frequently tied to fatal crash cases
     

No matter the charge, even a first-time arrest can lead to jail, loss of license, and a permanent criminal record. If another person was injured or killed, the stakes are even higher — and the prosecution will move fast.


DWI with a Child Passenger in Texas

Driving while intoxicated with a child age 15 or younger in your vehicle is a State Jail Felony under Texas Penal Code § 49.045. You can be charged with child endangerment even on a first offense.

Penalties include:

  • Up to 2 years in a state jail
     
  • A $10,000 fine
     
  • Mandatory 180-day license suspension
     

Beyond criminal penalties, this charge can seriously impact your child custody rights or ongoing divorce proceedings. Family court judges often treat a DWI with a child as evidence of unfitness to parent — especially if your case also involves domestic violence allegations or a history of drug charges.


Facing More Than Just a DWI?

Many DWI arrests trigger a chain reaction of related charges and consequences. We frequently handle:

  • Assault charges from altercations during the stop or after an accident
     
  • Drug possession when substances are found in the car
     
  • ALR license hearings to prevent automatic suspension
     
  • Custody or visitation disputes triggered by the arrest
     
  • Protective orders filed post-arrest
     
  • Divorce filings where criminal charges shift leverage
     

At the Law Office of Robert Kiesling, we manage both criminal defense and family law under one roof — so your defense is consistent, strategic, and fully informed across every court you’re facing. 

Texas DWI Laws: The Legal Limit for Blood Alcohol Content (BAC) and What You Need to Know


Most states, including Texas, have specific laws regarding driving while intoxicated (DWI) and the legal limit for blood alcohol concentration (BAC). 


DWI is also referred to as drunk driving, impaired driving, or driving while under the influence of alcohol. In Texas, a BAC of 0.08% or higher is considered legally intoxicated; drivers who are found to have a BAC above this level can be charged with a DWI.


The term "blood alcohol content" (BAC) refers to the amount of alcohol in an individual's bloodstream at any given time – the higher the BAC, the more impaired a driver is potentially considered when operating a motor vehicle. 


Law enforcement officers will usually conduct sobriety tests if they suspect a driver is impaired from drinking, they may also request a breathalyzer test to measure their blood alcohol content. If you refuse, it could be grounds for the law enforcement officer to request a warrant to get a blood draw, which is well within the rights of the law enforcement officer to request, and in most cases, they will get approval to issue a warrant on a breathalyzer refusal to test your blood. 


If your blood alcohol level registers at or above 0.08%, the individual can face serious consequences such as having their Texas driver's license revoked or suspended and even jail time. 


Although 0.08% is the legal limit for DWI in Texas, it's important to note that even lower levels of intoxication can still impair an individual's ability to safely operate a vehicle. 


A person with a BAC between 0.05%-0.079% isn't necessarily breaking any laws, but could still be arrested and charged with DUI (driving under the influence), which carries its own set of penalties if found guilty in court. 


It's critical that all Texas drivers understand the dangers of drinking and driving, as well as what constitutes DWI in their state, so they can avoid making poor decisions behind the wheel that could cost them their lives or someone else’s life if something were to go wrong on the road. 


Although there are many states that impose strict punishments for drunk driving offenses, no amount of legal ramifications should deter motorists from staying sober while operating a motor vehicle – it’s simply not worth risking your safety or anyone else’s safety by getting behind the wheel after consuming too much alcohol.


PRIVACY NOTICE - TEXAS AI COMPLIANT: This firm uses secure, encrypted systems for internal legal analysis only. Client documents are handled with strict confidentiality and are never stored externally, shared with unauthorized parties, or used beyond the scope of legal representation. 


Copyright © 2025 RRK Law Office - All Rights Reserved. 

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