Marble Falls DWI Lawyer

The stretch of U.S. Highway 281 running through Burnet County into Marble Falls sees consistent traffic from residents, tourists visiting the Highland Lakes, and travelers passing through the Hill Country. Law enforcement is active along this corridor, and DWI arrests happen on these roads regularly, often at checkpoints or during routine traffic stops that escalate quickly. A Marble Falls DWI lawyer who knows how these cases are built, and how they come apart, can make a meaningful difference in what happens next.

A DWI arrest in Marble Falls does not automatically lead to a conviction. The outcome depends heavily on what happened during the stop, how evidence was collected, and whether law enforcement followed proper procedure. From the moment blue lights appear in your rearview mirror to the moment a blood or breath sample is taken, there are layers of legal requirements that police must satisfy. When those requirements are not met, the evidence may be challenged or suppressed entirely. That is where a careful defense begins.

The Law Offices of David C. Hardaway represents people facing DWI charges in Burnet County and throughout the Highland Lakes region. Whether your case involves a standard first offense or carries additional complications like a high blood alcohol reading, a child passenger, or a prior conviction, the approach here is the same: understand the specific facts of your case, find the weakest points in the prosecution’s case, and build a defense around them.

What Makes a DWI Charge More Complicated Than It Looks

On the surface, a DWI case seems simple. The officer says you were driving, and the officer says you were intoxicated. But the actual legal picture is considerably more layered. Texas law defines intoxication as either a blood alcohol concentration of 0.08 or higher, or a loss of normal use of mental or physical faculties due to alcohol, a controlled substance, or any combination. That second definition is especially important: it means a person can be charged even if their BAC falls below 0.08, based solely on an officer’s observations.

That gives defense attorneys real room to work. Officer observations are subjective. Field sobriety tests are imperfect by design. Breathalyzers require proper calibration and maintenance. Blood draws must follow strict protocols. In Burnet County cases, we look at every one of these variables, because a weakness in any one of them can shift the entire case.

The administrative side of a DWI arrest adds another layer of urgency that many people do not expect. When you are arrested for DWI in Texas and either refuse a breath or blood test, or provide a sample that returns above the legal limit, the Department of Public Safety initiates a process to suspend your driver’s license automatically. There is a narrow window to request an Administrative License Revocation hearing and contest that suspension. Missing that window means losing your driving privileges before your criminal case has even progressed. An attorney in Marble Falls handling DWI defense needs to be tracking both the administrative and criminal tracks from day one.

DWI Charges Our Firm Handles in the Marble Falls Area

• First-Offense DWI: A first DWI in Texas is typically a Class B misdemeanor, but that does not mean consequences are minor. Convictions carry potential jail time, fines, surcharges, and a criminal record that follows you into employment and housing decisions.
• DWI with a High BAC: When a breath or blood test returns at 0.15 or higher, the charge is elevated to a Class A misdemeanor under Texas law. Higher penalties apply, and prosecutors tend to push harder on these cases.
• Felony DWI: A third DWI charge, or a DWI involving serious bodily injury or death, can be prosecuted as a felony. These cases carry potential prison sentences and demand the most thorough and aggressive defense strategy available.
• DWI with a Child Passenger: Texas law treats the presence of a passenger under 15 as a separate, felony-level offense regardless of the driver’s prior record. This charge carries serious consequences and often invites additional scrutiny from child protective services.
• Drug-Related DWI: Impairment does not have to involve alcohol. People are charged with DWI in Marble Falls based on prescription medications, marijuana, and other substances. Drug recognition evaluations have their own procedural requirements, and those evaluations are challengeable.
• Commercial Driver DWI: CDL holders face a lower legal limit of 0.04 and far higher professional stakes. A DWI conviction can end a commercial driving career, and the defense strategy must account for both the criminal case and the licensing consequences.
• Boating While Intoxicated: The Highland Lakes, including Lake Marble Falls, Lake LBJ, and Inks Lake, draw boaters year-round. BWI charges follow similar rules as DWI but involve different enforcement agencies and procedural considerations.

Why David Hardaway for DWI Defense Near Marble Falls

The Law Offices of David C. Hardaway is based in downtown San Marcos and represents clients across the broader Central Texas and Hill Country region, including Burnet County and the Marble Falls area. Clients from Llano and the Highland Lakes have been part of this firm’s caseload, and the firm’s geographic reach through the Hill Country is deliberate, not incidental.

Client feedback about this firm is consistent on a few points: accessibility, straight talk, and follow-through. Clients describe David Hardaway as someone who returns calls, explains what is actually happening in plain terms, and stays engaged with a case rather than delegating and disappearing. One client described getting their case dismissed after a thorough investigation, while another noted that the firm handled a complex matter with detail and genuine belief in their client. These are not marketing abstractions. They reflect a working style that matters particularly in DWI cases, where the timeline moves fast and the decisions you make in the first days after an arrest can shape the entire trajectory of your case.

For someone facing DWI charges in Marble Falls or elsewhere in Burnet County, that combination of Hill Country familiarity, courtroom preparation, and responsive communication is exactly what the situation calls for. DWI defense is not a one-size outcome. How your case resolves depends on how it is handled from the beginning.

What to Do After a DWI Arrest in Burnet County

The first decision point comes almost immediately. After a DWI arrest in Texas, you have a limited number of days to request an ALR hearing with the Department of Public Safety to contest your license suspension. That deadline is firm. If you miss it, the suspension takes effect automatically. This is the most common and most consequential mistake people make after a DWI arrest: waiting too long to contact an attorney. By the time they get around to it, the ALR window has closed.

While you are focused on contacting an attorney, try to preserve everything you remember about the stop. Where were you driving? What time of day? How did the officer initiate contact? What did you say, and what were you asked to do? What tests did the officer conduct, and in what order? These details fade quickly, and your attorney will want them. Write them down as soon as possible, and keep that document private.

Your criminal case will be handled through Burnet County. The Burnet County Courthouse is located in Burnet, and that is where DWI cases from Marble Falls and surrounding Burnet County communities are processed. The district attorney’s office in Burnet handles felony DWI prosecutions, while misdemeanor cases are handled at the county court level. Knowing the local courthouse and the local procedures matters for anyone representing clients in this jurisdiction.

Do not post anything about your arrest or the circumstances around it on social media. Do not discuss the details with friends in settings where others could overhear. Statements made outside of attorney-client privilege can end up in a prosecutor’s hands. The disciplined response in the days after a DWI arrest is to say very little publicly and communicate directly with your attorney.

How DWI Cases Actually Get Resolved

People often assume a DWI case either goes to trial or results in a guilty plea. The reality is more nuanced. Many DWI cases are resolved through negotiations that result in a reduction of charges, or through pre-trial motions that challenge the admissibility of key evidence. If the stop itself was unlawful, everything that followed may be suppressible. If the breath test device was not properly maintained, the reading may not be admissible. If the blood draw did not comply with proper medical protocols, that result may be challenged as well.

Texas has a first-offender program called deferred adjudication in some contexts, but DWI has historically been excluded from standard deferred adjudication eligibility. There are other options available depending on the charge level and county, including pretrial diversion programs in some jurisdictions. Whether these options are available and worth pursuing in your specific Burnet County case is a conversation that should happen with a DWI attorney in Marble Falls who understands the local landscape.

If a case does go to trial, preparation is everything. How the arresting officer is cross-examined, how the breath or blood evidence is challenged, and how the jury is selected in a Burnet County courtroom all require specific local knowledge. This firm’s approach to trial preparation, described by clients as thorough and detail-driven, applies to every DWI case that reaches that stage.

Questions People Ask About DWI Defense in Marble Falls

Can a DWI charge in Texas be dismissed?

Yes, DWI charges can be dismissed, though it is not guaranteed. Dismissals often result from successful suppression of evidence, problems with the traffic stop itself, or procedural errors by law enforcement. Some cases are also dismissed by prosecutors when they evaluate the strength of their evidence and determine it is insufficient for conviction. The likelihood of dismissal in your case depends on the specific facts and the quality of your defense.

What happens to my driver’s license after a DWI arrest in Texas?

A DWI arrest triggers an automatic process to suspend your license, separate from your criminal case. You have a limited window after the arrest to request an Administrative License Revocation hearing and contest the suspension. If you do not request a hearing in time, your license will be suspended automatically. An attorney can request this hearing on your behalf and, in some cases, use the hearing itself to gather useful information about the prosecution’s evidence.

What is the difference between a DWI and a DUI in Texas?

In Texas, DWI (Driving While Intoxicated) applies to adults and is the primary charge used for alcohol and drug-impaired driving. DUI in Texas typically applies to minors under the age of 21 and involves a different and lower standard, any detectable amount of alcohol. The two charges carry different penalties and proceed through different legal tracks.

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

Under current Texas law, DWI convictions generally cannot be expunged. However, a DWI charge that did not result in a conviction may be eligible for expunction, depending on the circumstances. If your charge is dismissed, you may have options to clear your record. This is one reason why the outcome of the criminal case, not just avoiding jail, matters so much for your long-term situation.

Can I refuse a breath or blood test during a DWI stop in Texas?

You can refuse, but there are consequences. Texas has implied consent laws, meaning that by driving on Texas roads, you have impliedly agreed to submit to chemical testing when lawfully requested. Refusing can trigger an automatic longer license suspension through the ALR process. In some circumstances, officers can obtain a warrant for a blood draw even after a refusal. The decision of whether to refuse is one where the specific circumstances matter, and it is worth discussing with an attorney what typically happens in Burnet County cases.

How does a DWI arrest affect a CDL in Texas?

For commercial drivers, a DWI arrest is a career-level event. The legal limit for CDL holders while operating a commercial vehicle is 0.04, half of the standard limit. A first DWI conviction typically results in a CDL disqualification period, and a second conviction can mean lifetime disqualification. The stakes for commercial drivers are higher than for regular license holders, and the defense needs to account for both the criminal exposure and the licensing consequences from the start.

What happens at a DWI arraignment in Burnet County?

An arraignment is the proceeding where you formally hear the charges and enter a plea. In Burnet County, misdemeanor arraignments are handled at the county court level, while felony arraignments go through district court. At this stage, bail conditions may also be reviewed. Having an attorney by the time of your arraignment ensures that your plea and any bail negotiations are handled strategically rather than under the pressure of appearing alone in an unfamiliar courtroom.

Are Highland Lakes boating DWI cases handled differently than regular DWI cases?

Boating While Intoxicated is a separate offense under Texas law but carries similar intoxication standards and penalty structures to DWI. On the Highland Lakes, enforcement is typically handled by Texas Parks and Wildlife wardens and sometimes county sheriff’s deputies. The investigation process differs because field sobriety testing on a boat has different standards and reliability questions than roadside testing. These differences can be significant in building a defense.

What if there was no breathalyzer and I only submitted to a blood test?

Blood test results in DWI cases are not automatically bulletproof. Chain of custody, sample handling, laboratory procedures, and the qualifications of the person who drew the blood all matter. If any part of that process was flawed, the result may be challengeable. Blood test defenses require working with the actual records from the testing facility and sometimes consulting experts in forensic toxicology.

How long does a DWI case in Burnet County typically take to resolve?

There is no fixed timeline. A straightforward first-offense misdemeanor might resolve in several months. A felony DWI or a case involving contested evidence could take a year or more, particularly if it goes to trial. Factors that affect timeline include the county’s court docket, how quickly the prosecution provides discovery, whether lab results are delayed, and whether pretrial motions are filed. Your attorney should be able to give you a realistic sense of timeline once they have reviewed the specifics of your case.

Representing DWI Clients Across the Highland Lakes and Surrounding Hill Country

The Law Offices of David C. Hardaway represents clients facing DWI and other criminal charges throughout the Marble Falls area and the broader Highland Lakes region. This includes residents and visitors throughout Burnet County, from Marble Falls, Granite Shoals, and Horseshoe Bay to Burnet, Lampasas, and Bertram. We also represent clients in Llano County, including Llano and Kingsland, and extend our Hill Country practice into Mason, Junction, and the surrounding communities. To the south, our representation reaches Fredericksburg and Gillespie County, and east toward Lampasas and San Saba. Clients from Blanco County, including Blanco and Johnson City, are also part of our regular caseload. For those traveling in from the Austin metro side of the Highland Lakes, we represent clients in Lago Vista, Point Venture, and the communities along Lake Travis as well. Whether you were stopped on Highway 281 heading into Marble Falls, on RR 1431 along Lake LBJ, or anywhere else on these Hill Country roads, this firm handles DWI defense in your area.

Talk to a Marble Falls DWI Attorney Before Making Any Decisions

The choices you make in the days immediately following a DWI arrest in Marble Falls will shape your entire case. Whether to contest your license suspension, how to handle communications with prosecutors, and how to build your defense all require legal guidance specific to your situation. Waiting has real costs. Reaching out to a Marble Falls DWI attorney as early as possible preserves your options and puts your defense on solid footing from the start. Contact The Law Offices of David C. Hardaway to schedule a confidential consultation and get a clear picture of where you stand and what can be done.