Burnet DWI Lawyer

A DWI arrest in Burnet County sets off a legal process that moves on two separate tracks simultaneously, and most people don’t realize that until it’s too late to do anything about one of them. The criminal case in the Burnet County District Court or Justice Court gets all the attention, but the administrative license suspension process at the Texas Department of Public Safety runs on its own timeline with its own deadlines. Missing the administrative hearing request deadline, which comes just days after an arrest, can cost you your driving privileges before you’ve even spoken with a judge. That’s the kind of consequence that quietly changes someone’s life, and it’s the kind of thing a Burnet DWI lawyer watches for from the first phone call.

Burnet County sits at the heart of the Texas Hill Country, and its roads tell that story. Highway 281 runs straight through the county, carrying traffic between Johnson City and Lampasas. The stretch through Marble Falls is particularly active, especially on weekends when the Highland Lakes draw visitors from Austin and the surrounding metro area. Lake Lyndon B. Johnson, Inks Lake, and Lake Buchanan bring boaters, campers, and tourists, and with them comes the kind of nightlife and outdoor recreation that occasionally intersects with DWI enforcement. Law enforcement agencies in Burnet County, including the Burnet County Sheriff’s Office and local police departments in Marble Falls and Burnet, run active patrols on these corridors, particularly during summer months and holiday weekends.

The Law Offices of David C. Hardaway represents clients charged with DWI throughout Burnet County and across the broader Highland Lakes region. Our approach is direct: we examine what the officers actually did, how the evidence was gathered, what the breath or blood test results actually show, and whether the stop and arrest were constitutionally sound. From there, we build a defense that reflects the actual facts, not a generic response to a generic charge.

What DWI Charges in Burnet County Actually Look Like in Practice

Texas DWI law defines intoxication broadly. A person is legally intoxicated if they have lost the normal use of their mental or physical faculties due to alcohol, a drug, or any combination of those substances, or if their blood alcohol concentration reaches a certain threshold. That means an officer doesn’t need a breathalyzer reading to make a DWI arrest. A field sobriety test observation, an officer’s subjective assessment of driving pattern, or the smell of alcohol can provide the basis for the arrest, even if later chemical testing comes back lower than expected or is contested on reliability grounds.

Burnet County’s relatively rural geography also means that DWI arrests frequently happen on roads where dashcam footage is less consistent than in urban departments, which cuts both ways. Sometimes the absence of video evidence actually helps a defense attorney challenge the arrest narrative. In other cases, body camera footage becomes the critical record. Either way, the investigation that happens before any courtroom appearance determines how strong the defense can be. Our Burnet DWI defense attorney starts that investigation immediately.

DWI Charges Handled by Our Burnet County Defense Team

• First-Offense DWI: A standard Class B misdemeanor when the BAC is below a certain elevated threshold, but still carries potential jail time, fines, surcharges, and a license suspension that can disrupt employment and family life for months or years.
• DWI with BAC Above the Elevated Threshold: Texas law classifies DWI arrests with a blood alcohol concentration at or above a certain level as a more serious misdemeanor, which triggers enhanced penalties and complicates plea negotiations.
• DWI with a Child Passenger: When a minor under 15 is in the vehicle, the charge elevates to a state jail felony regardless of any prior record, making the stakes significantly higher for families facing this allegation.
• Felony DWI (Third or Subsequent Offense): A third DWI becomes a third-degree felony under Texas law, which means the case is handled in Burnet County District Court and carries the possibility of substantial prison time and permanent record consequences.
• Boating While Intoxicated: The Highland Lakes make Burnet County one of the more active areas in Texas for BWI enforcement. BWI charges follow a similar legal framework to DWI but involve Texas Parks and Wildlife officers and different evidence collection procedures.
• Intoxication Assault and Intoxication Manslaughter: When a DWI incident causes serious bodily injury or death, the charges shift into felony territory with much more severe consequences, and the investigation becomes far more complex from a defense standpoint.
• Commercial Driver DWI: CDL holders face a lower BAC threshold and licensing consequences that can permanently end a commercial driving career, making defense strategy particularly consequential for this group.
• Drug-Related DWI: Alcohol isn’t the only basis for a DWI charge in Texas. Prescription medication, marijuana, or any controlled substance that impairs normal faculties can form the basis of an arrest, and these cases often involve blood testing with its own reliability questions.

The Two-Front Battle: Criminal Court and the ALR Hearing

When someone is arrested for DWI in Texas, the officer typically confiscates the driver’s license and issues a temporary driving permit. From that moment, a strict deadline runs on requesting an administrative license revocation (ALR) hearing with the Texas Department of Public Safety. Missing that deadline results in automatic suspension of driving privileges regardless of how the criminal case resolves. The ALR process is entirely separate from the Burnet County District Attorney’s office and the courts, and it proceeds on a completely different schedule.

There is genuine tactical value in the ALR hearing beyond simply fighting to keep your license. The hearing creates an opportunity to cross-examine the arresting officer under oath before the criminal case goes to trial, which means a skilled DWI attorney in Burnet can learn how the officer will testify, what they observed, how they conducted the stop, and what inconsistencies might exist between their memory and the written reports. That testimony is on the record. Its value in the criminal case that follows can be substantial.

After the ALR process, the criminal case moves through either a justice court for Class C matters or the county court or district court in Burnet, depending on the offense level. Burnet County’s courts are located in the county seat of Burnet. For anyone traveling from Marble Falls, Llano, or Lampasas, those courthouses are the venues where the criminal proceedings unfold. Arraignment, pretrial motions, and any trial would be handled there. Our team is familiar with the procedural expectations in these courts and prepares accordingly.

Why Clients Choose The Law Offices of David C. Hardaway for DWI Defense

The Law Offices of David C. Hardaway serves clients throughout Central Texas from offices in San Marcos, with additional coverage extending into Fredericksburg and Brenham, which positions the firm to represent clients across the Hill Country and the Highland Lakes region effectively. The firm’s practice covers the full range of criminal defense, including DWI at every offense level, from first arrests to felony enhancements, and extends to related charges including boating while intoxicated and drug-related impairment cases.

Clients who have worked with the firm consistently describe the same experience in their own words: responsive communication, direct and honest assessment of what they’re actually facing, and attorneys who treat each case as something that genuinely matters. One client noted that David was always available when needed and that his staff were sensitive to the circumstances. Another described a complex case where Hardaway achieved the outcome they were hoping for. A third mentioned that his team’s attention to detail and willingness to fully investigate the facts made the difference between a conviction and a dismissal. That pattern, substantive investigation followed by strategic advocacy and clear communication, reflects how the firm approaches every DWI case.

Working with a DWI attorney in Burnet County who handles cases across multiple jurisdictions including Hays, Comal, Caldwell, Guadalupe, Llano, and Gillespie Counties means familiarity with the broader regional court system and the prosecutors and procedures that shape outcomes. That regional depth matters when cases are negotiated or tried.

Questions People Ask About DWI Cases in Burnet County

What happens at my first court appearance after a DWI arrest in Burnet County?

Your first appearance is typically an arraignment where you are formally informed of the charge and asked to enter a plea. It is almost always advisable to enter a not guilty plea at this stage regardless of the circumstances. Entering any other plea before your attorney has reviewed the evidence, pulled the police reports, requested dashcam and body camera footage, and assessed the strength of the case gives up negotiating leverage that may never be recovered. The arraignment is not the place to resolve the case. It is the beginning of the process.

Can the result of my field sobriety test be challenged?

Yes, and this is one of the more productive areas of DWI defense. Standardized field sobriety tests like the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand must be administered according to specific protocols developed by the National Highway Traffic Safety Administration. When officers deviate from those protocols, the reliability of the test results is legitimately questioned. Additionally, many conditions unrelated to alcohol or drug use can affect how a person performs on these tests, including physical injuries, neurological conditions, fatigue, anxiety, and even footwear. These factors all matter when evaluating whether the field sobriety evidence supports the arrest.

What are the license suspension consequences of a DWI arrest in Texas?

Texas imposes two separate potential suspensions. The administrative suspension through the ALR process can take effect before the criminal case resolves, based solely on the arrest. The criminal conviction itself triggers an additional suspension period that varies depending on offense history and the specific charge. Requesting the ALR hearing promptly is the only way to contest the administrative suspension, and the deadline is short. Missing it is one of the most common and most avoidable mistakes people make after a DWI arrest in Texas.

Will a DWI conviction affect my ability to own firearms in Texas?

A misdemeanor DWI conviction generally does not result in a federal firearms disability under current law. However, a felony DWI conviction, which applies to a third offense or cases involving serious bodily injury or death, does result in the loss of firearm rights under federal law. This is one of many reasons the distinction between misdemeanor and felony DWI has consequences that go well beyond the sentence itself.

I was arrested for DWI after leaving a restaurant on the Marble Falls strip. Does where I was matter to my defense?

It can. The location of where you were before the stop is sometimes relevant to understanding the officer’s basis for initiating contact and whether witness testimony from bar or restaurant staff might be useful to the defense. More directly relevant is where the traffic stop occurred, what the officer claims to have observed, and what specific behaviors prompted the stop. An unlawful traffic stop can render all evidence gathered from it inadmissible, which can result in dismissal of the charge entirely. The physical geography of where an arrest happens in Burnet County matters most in that context.

What happens if I refused a breath or blood test after my Burnet County DWI arrest?

Refusal triggers an automatic ALR suspension that is longer than the suspension for a test that returned results above the legal limit. Texas operates under implied consent, meaning that by driving on Texas roads, you have agreed to provide a specimen when lawfully arrested for DWI. Refusal does not prevent the prosecution from proceeding, and in some cases officers can obtain a warrant for a mandatory blood draw. However, the absence of a chemical test result also removes one piece of evidence from the prosecution’s case, which has its own strategic implications depending on the other facts involved.

Can a DWI affect my professional license in Texas?

Yes, depending on your field. Many licensed professions in Texas, including healthcare workers, teachers, attorneys, commercial drivers, and licensed contractors, have reporting obligations and licensing consequences associated with criminal charges or convictions. A DWI conviction can trigger license review, mandatory reporting to a licensing board, suspension of practice privileges, or additional conditions of licensure. If you hold a professional license, the implications of a DWI conviction extend well beyond the criminal case itself, and that consideration should inform how aggressively you pursue your defense.

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

Cases vary significantly depending on the offense level, the volume of evidence to be gathered and reviewed, whether lab testing was involved, and whether the case proceeds to trial. A straightforward misdemeanor DWI resolved through negotiation might conclude in several months. A case involving contested blood evidence, suppression motions, or a felony charge can take considerably longer as the litigation unfolds. The courts in Burnet County, like most rural Texas counties, operate with their own docket rhythms, and those realities factor into realistic timeline expectations.

Is it possible to get a DWI dismissed rather than just reduced?

Dismissal is a real outcome in Texas DWI cases, though it requires the defense to identify a meaningful legal or factual defect in the government’s case. Common grounds include an unlawful stop, improperly administered field sobriety tests, problems with the chain of custody for blood samples, or unreliable breathalyzer calibration and maintenance records. Jason K., a client of the firm, noted that their case was dismissed rather than settled for a conviction, specifically crediting the team’s willingness to investigate thoroughly and believe in the facts. Not every case supports a dismissal, but pursuing that outcome aggressively from the start is what creates the conditions for it.

What should I do in the first 24 hours after a DWI arrest in Burnet County?

Write down everything you remember about the stop, the officer’s stated reasons for pulling you over, what questions were asked, what you said, how the field sobriety tests were conducted, and whether you were offered or refused a breath or blood test. Memory fades quickly and accurate details matter to the defense. Do not post about the arrest on social media. Contact a DWI defense attorney as soon as possible so the ALR deadline can be identified and an immediate hearing request can be filed. Early action on the administrative side runs parallel to early case investigation on the criminal side, and both matter.

Representing DWI Clients Across Burnet County and the Highland Lakes Region

The Law Offices of David C. Hardaway represents DWI clients throughout Burnet County and the surrounding Hill Country communities. In Burnet County itself, we handle cases arising in Marble Falls, Burnet, Granite Shoals, Horseshoe Bay, Cottonwood Shores, Kingsland, Meadowlakes, and Highland Haven. The Highland Lakes corridor, including areas around Lake LBJ, Inks Lake, and Lake Buchanan, generates a meaningful share of the DWI and BWI arrests we defend each year, particularly during the warmer months when lake traffic is heaviest. Our representation also extends into neighboring Llano County, covering Llano and the surrounding communities where the firm’s Fredericksburg office serves clients across the Hill Country. Clients from Lampasas, San Saba, and Mason who face DWI charges and need representation in Burnet County courts also regularly work with our team. We serve the full stretch of Highway 281 from the Burnet County line through Marble Falls and into the communities that sit along and around the Highland Lakes chain. Whether an arrest happened on a rural FM road, a state highway corridor, or at the lake, our Burnet County DWI defense representation covers the geography.

Contact a Burnet DWI Attorney at The Law Offices of David C. Hardaway

A DWI arrest in Burnet County comes with a short window to take the right steps, and that window doesn’t pause while you figure out what to do next. The Law Offices of David C. Hardaway offers direct, substantive consultations for people facing DWI charges in Burnet County and throughout the Hill Country. As your Burnet DWI attorney, David Hardaway will review the facts of your arrest, identify the deadlines that apply, explain what your actual options are, and start building a defense that accounts for everything the prosecution will bring to bear. Reach out to the firm today to schedule a confidential consultation.