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San Marcos Criminal Defense Lawyer / Lee County DWI Lawyer

Lee County DWI Lawyer

A DWI arrest in Lee County sets off a chain of events that moves quickly. The Texas Department of Public Safety begins its own administrative process against your driver’s license within days of your arrest, completely separate from whatever the criminal court in Giddings is doing with your case. Most people who call us after a Lee County DWI are dealing with both tracks at once, and they have questions that need real answers, not reassurances. That is where The Law Offices of David C. Hardaway comes in.

When you search for a Lee County DWI lawyer, you are looking for someone who will actually dig into your case. What did the officer observe, and does it hold up against the dashcam? Was the field sobriety testing administered correctly? Was the breath or blood sample collected, stored, and analyzed according to proper protocol? These are the questions that determine whether a DWI conviction happens, and they are the questions we ask at the start of every case.

Lee County is a rural county east of Austin on US 290, with Giddings as the county seat. Traffic enforcement along US 290, State Highway 77, and FM roads throughout the county generates DWI arrests year-round. The distances between towns, the limited public transportation options, and law enforcement’s active patrol presence on those corridors means a single late-night drive can result in an arrest that follows someone for years. That does not have to be the outcome.

What Happens to Your License After a Lee County DWI Arrest

Texas law gives you a narrow window, typically fifteen days from the date of your arrest, to request an Administrative License Revocation hearing with DPS. If you miss that deadline, your license suspension takes effect automatically. This ALR process runs in parallel with your criminal case and has its own procedures, its own burden of proof, and its own stakes. Winning at the ALR hearing can preserve your driving privileges while the criminal case is still pending. It can also be an early opportunity to examine the arresting officer under oath and develop information that helps in the criminal court.

A first DWI conviction in Texas carries a potential license suspension, fines, surcharges, and the possibility of an ignition interlock requirement depending on your blood alcohol result. But the consequences do not stop there. A DWI on your record affects employment background checks, professional licensing in fields like nursing, teaching, and commercial driving, and insurance rates for years afterward. For someone living in a rural area where driving is not optional, a license suspension is not just inconvenient. It is disruptive in a way that urban drivers rarely appreciate.

DWI Charges We Handle for Lee County Clients

  • First-Offense DWI: A Class B misdemeanor under Texas Penal Code, punishable by confinement in a county jail and fines, along with license consequences through DPS. Many first-time cases involve strong defenses related to the stop itself or the reliability of the BAC evidence.
  • DWI with a Blood Alcohol Concentration of 0.15 or Higher: Texas law elevates this to a Class A misdemeanor, which carries a higher maximum jail sentence and almost certainly triggers an ignition interlock requirement as a condition of any bond or probation.
  • Second and Subsequent DWI: Repeat offenses escalate in severity and can result in felony charges depending on the defendant’s prior record. The consequences for a second or third DWI are substantially more serious and often require more intensive litigation strategy.
  • Felony DWI with Child Passenger: Transporting a passenger under fifteen years old while intoxicated is a state jail felony in Texas. This charge carries significant collateral consequences beyond the criminal sentence itself.
  • Intoxication Assault: When a DWI results in serious bodily injury to another person, the charge becomes a third-degree felony with a potential prison sentence measured in years, not months.
  • Intoxication Manslaughter: A second-degree felony when a DWI causes another person’s death. These cases require intensive investigation, expert witness involvement, and courtroom experience at a level that demands a defense attorney who has handled serious cases before.
  • Commercial Driver DWI: CDL holders face a lower legal limit under federal and Texas law, and a DWI can end a commercial driving career. These cases require understanding both the criminal and regulatory consequences.
  • Drug-Related DWI: Texas law covers intoxication by any substance, not just alcohol. DWI charges involving prescription medications, marijuana, or other substances present different evidentiary challenges than alcohol-based cases.

Why The Law Offices of David C. Hardaway for Your Lee County DWI Defense

David Hardaway and his team represent clients facing DWI charges across Central Texas and into the surrounding counties, including Lee County. Client feedback consistently highlights what sets this firm apart: availability when it matters, straight talk about what the case actually looks like, and genuine investment in the outcome. Clients have described cases where their charges were dismissed, where the result they were hoping for was actually achieved, and where complex situations were resolved in ways that changed the trajectory of their lives.

The firm handles DWI cases across the full spectrum, from first-time arrests to felony intoxication charges, and brings the same level of investigation and preparation to every case. That means reviewing every piece of evidence, from the officer’s report to the maintenance records on the breath test machine, challenging any procedural failures in how the stop was conducted or how evidence was gathered, and preparing for trial if that is what the case requires. The firm serves Lee County clients from offices in the region and has a thorough understanding of how the district and county courts across Central Texas operate, including the courts in Giddings that handle Lee County criminal matters.

Clients regularly describe the experience of working with this firm as one where they could always get someone on the phone, where they felt heard rather than processed, and where the attorney genuinely believed in them. That matters in a DWI case, where the process can feel impersonal and the outcome can affect everything from employment to family to the ability to simply get to work.

What to Do After a DWI Arrest in Lee County

The first priority after a DWI arrest is preserving your right to contest the license suspension. As noted above, you have a short deadline to request an ALR hearing with DPS. Contact a DWI attorney before that deadline passes, not after. Missing it means an automatic suspension regardless of how strong your criminal defense may be.

Lee County criminal cases are handled in the County Court at Law and the 21st Judicial District Court, depending on the level of the offense. Misdemeanor DWI cases generally proceed through the county court, while felony DWI charges, including intoxication assault and intoxication manslaughter, are handled at the district court level. Both courts are located at the Lee County Courthouse in Giddings. Understanding how these courts operate, their local procedures, and the prosecutors who handle DWI cases in this jurisdiction is something an attorney with regional experience brings to the table from day one.

After your arrest, preserve everything. Do not discuss your case on social media or with anyone other than your attorney. Gather any documentation you have, including receipts, photos, or any other information relevant to where you were and what you were doing before the stop. If there were witnesses present at the time of the traffic stop, their names and contact information can be valuable. Do not contact witnesses yourself; let your attorney handle that.

One common mistake is waiting to call an attorney until after arraignment or after speaking with a public defender. The earlier a defense attorney is involved, the more options are available. Evidence can be lost, witnesses become harder to locate, and deadlines pass. The first call should be to a DWI attorney, not a follow-up action after the case has already started moving without you.

Questions Lee County DWI Clients Ask Us

What is the legal blood alcohol limit for a DWI in Texas?

For most drivers, the legal limit is 0.08. For commercial drivers, it is 0.04. For drivers under 21, Texas has a zero-tolerance law, meaning any detectable amount of alcohol in the blood is enough to support a charge. Importantly, you can also be charged with DWI even below these limits if the officer concludes your mental or physical faculties were impaired by alcohol or another substance.

Can I refuse a breath or blood test in Lee County?

Yes, but refusal carries its own consequences under Texas implied consent law. Refusing a breath or blood test typically results in a longer automatic license suspension than a failed test would, and the prosecution can use your refusal as evidence in the criminal case. In certain circumstances, officers can obtain a warrant to draw blood without your consent. Knowing your options at the moment of the stop is difficult. Understanding the consequences afterward is something your attorney can walk through with you.

How long does a DWI case typically take in Lee County courts?

A misdemeanor DWI in Lee County can take anywhere from a few months to over a year to resolve, depending on whether the case goes to trial, the complexity of the evidence, and the court’s docket. Felony DWI cases generally take longer. Cases that require expert witnesses, blood test challenges, or extensive pretrial motions take more time. Rushing a DWI case rarely produces good results. A thorough defense takes the time it takes.

Will a DWI conviction stay on my record permanently in Texas?

In Texas, DWI convictions are difficult to expunge. Unlike some other offenses, a DWI conviction generally cannot be removed from your criminal record through expunction. There is a non-disclosure option available in limited circumstances for first-offense DWIs where probation was successfully completed, but eligibility requirements are specific. This is one reason why the outcome of the case itself matters so much. An attorney who negotiates a reduction or achieves a dismissal creates options that a conviction forecloses.

What happens if I had a prior DWI from another state?

Texas prosecutors can use out-of-state DWI convictions to enhance your current charge. If you have a prior DWI from another jurisdiction and are arrested in Lee County, that prior conviction may elevate your current charge from a misdemeanor to a felony. The specifics depend on how the prior conviction is documented and how the Texas enhancement statutes apply to that prior offense. This is a fact-intensive analysis that your attorney needs to conduct early.

Can a DWI charge affect my professional license in Texas?

Yes. Texas licensing boards for nurses, teachers, physicians, pharmacists, attorneys, and other regulated professions have independent authority to sanction or revoke a license based on a criminal conviction. The impact depends on the licensing board’s rules, the nature of the offense, and whether a conviction occurs. In some cases, even an arrest without a conviction can trigger a reporting obligation or board inquiry. This is a consequence that many people do not think about at the time of arrest but that can have a significant long-term impact on their career.

Is it possible to get a DWI charge reduced to a lesser offense?

In some cases, yes. Whether a reduction is available depends on the specific facts, the strength of the evidence, the jurisdiction, and the prosecutor. Texas prosecutors are generally not as willing to reduce DWI charges as prosecutors in some other states, but defense attorneys can identify weaknesses in the State’s case that create leverage for negotiation. Successful suppression motions, challenges to field sobriety testing, or problems with blood draw procedures can all affect a prosecutor’s willingness to negotiate.

What is an ignition interlock device and will I have to use one?

An ignition interlock device is a breath test unit installed in your vehicle that requires a passing breath sample before the car will start. Texas law requires ignition interlock as a condition of bond in certain DWI cases, including those where the BAC was 0.15 or higher. It may also be required as a condition of probation following conviction. The cost of installation and monthly monitoring is the defendant’s responsibility, and violations can result in additional legal consequences.

Can I still drive after a DWI arrest in Lee County while my case is pending?

If you request an ALR hearing within the required window, your license is typically not suspended during the pendency of that hearing. If the hearing is lost or not requested, the suspension takes effect on a scheduled date. In some situations, you may be eligible for an occupational license, which allows limited driving for work, school, and essential household duties during a suspension period. An attorney can help you understand whether you qualify and how to apply.

What if I was stopped at a DWI checkpoint in Lee County?

Texas law does not authorize suspicionless sobriety checkpoints in the same way some other states do. Law enforcement in Texas must generally have reasonable suspicion to initiate a traffic stop. If you were stopped at what was described as a checkpoint or roadblock, the circumstances of that stop deserve close legal scrutiny. Contact a DWI attorney to evaluate whether the stop was constitutionally valid.

Lee County DWI Defense and the Surrounding Region We Serve

The Law Offices of David C. Hardaway represents DWI clients throughout Lee County, including the communities of Giddings, Lexington, Dime Box, Serbin, Lincoln, Fedor, Sayers, and the rural areas along US 290 and State Highway 77 that see regular enforcement activity. Our representation extends well beyond Lee County’s borders. We handle DWI and intoxication offense cases throughout Central Texas, serving clients in neighboring Bastrop County including Bastrop, Elgin, and Smithville; Burleson County including Caldwell and Somerville; Washington County including Brenham, Burton, and Chappell Hill; and Madison County including Madisonville and North Zulch.

We also represent clients in Williamson County in Georgetown, Round Rock, Cedar Park, and Taylor; in Hays County in San Marcos, Kyle, and Buda; in Caldwell County in Lockhart and Luling; and in Guadalupe County in Seguin, Schertz, and Cibolo. Our offices in San Marcos and Fredericksburg allow us to serve clients from across the I-35 corridor, the Hill Country, and into the agricultural counties east of Austin. Wherever you were arrested in this region, we can help you understand your options and build a defense.

Talk to a Lee County DWI Attorney About Your Case

A DWI arrest does not end your case. It starts it. And how that case is handled from the first day forward determines what happens next. The Law Offices of David C. Hardaway has helped clients across Central Texas, including Lee County, achieve outcomes they were not sure were possible when they first called. Whether your case is a first-time misdemeanor or a serious felony charge, a Lee County DWI attorney from this firm will review the evidence, identify your options, and give you a clear picture of where you stand. Call to schedule a confidential consultation and find out what a focused, experienced defense can do for your case.