Travis County DWI Lawyer

A DWI arrest in Travis County sets off a legal process that moves quickly and along two separate tracks simultaneously. The criminal case in county court will determine whether you face fines, probation, or jail time. At the same time, the Texas Department of Public Safety begins an administrative license revocation process that can strip your driving privileges within days of your arrest, well before any judge enters a verdict. Anyone searching for a Travis County DWI lawyer needs to understand that both tracks require immediate attention, and letting either one slide while you focus on the other is one of the most common and costly mistakes people make after a DWI stop.

Travis County handles a substantial volume of DWI cases across its courts, from the Austin Municipal Court for Class B misdemeanors to the Travis County District Courts for felony-level charges. The local prosecutors handling these cases are experienced, and the evidence they rely upon, breath test results, blood draw data, field sobriety evaluations, and dashcam footage, is not always as straightforward as it appears. That evidence can be challenged, sometimes successfully, when it is examined by a defense attorney who understands exactly how it was collected, stored, and analyzed under Texas law.

The Law Offices of David C. Hardaway represents people facing DWI charges throughout Travis County and the surrounding Central Texas region. The firm has built its practice on a direct communication model: clients are told what the evidence actually shows, what realistic outcomes look like given the specific facts of their case, and what the defense strategy will be at every stage. No vague reassurances, no runaround. If you have been arrested for DWI in Austin or anywhere else in Travis County, the time to start building your defense is now.

What Makes a Travis County DWI Case More Complicated Than It Looks

A first-time DWI in Texas may look like a routine legal problem to someone on the outside. It rarely is. Texas DWI law layers penalties, enhancements, and collateral consequences in ways that surprise people who assume they are dealing with a minor traffic matter. A blood alcohol concentration at or above 0.08 is the threshold most people know, but Texas also permits prosecution based on impairment from alcohol, drugs, or a combination of substances even when the BAC is below that level. This opens the door to DWI charges following prescription drug use, marijuana consumption, or the interaction of substances that individually would not cause impairment.

The circumstances of a single DWI stop can dramatically change the severity of the charge. A child passenger under 15 in the vehicle converts a misdemeanor into a state jail felony under Texas law. An accident causing serious bodily injury elevates the offense to intoxication assault, a third-degree felony. A fatality results in intoxication manslaughter, a second-degree felony carrying years of potential prison time. Even without those aggravating facts, a second or third DWI offense triggers enhanced penalties that can mean mandatory minimum jail time and felony classification. Every one of these distinctions matters enormously for how a Travis County DWI attorney approaches the case.

DWI Charges Handled in Travis County Courts

• First-Offense DWI: Charged as a Class B misdemeanor in Texas when the BAC is below 0.15, carrying potential fines, a license suspension, and jail time of up to 180 days, though probation and diversion may be available for qualified defendants in Travis County courts.
• DWI with BAC of 0.15 or Higher: This single fact elevates the charge to a Class A misdemeanor under Texas law, significantly increasing potential jail exposure and making plea negotiations more difficult with Travis County prosecutors.
• Second-Offense DWI: A prior DWI conviction anywhere in Texas triggers a Class A misdemeanor charge with mandatory minimum confinement requirements and a longer license suspension period under the administrative revocation process.
• Felony DWI (Third or More): Three or more DWI convictions result in a third-degree felony charge, bringing the possibility of two to ten years in the Texas Department of Criminal Justice and fines up to $10,000.
• DWI with Child Passenger: Transporting a passenger under 15 years old while intoxicated is charged as a state jail felony regardless of the defendant’s prior record, with incarceration in a state jail facility rather than county jail.
• Intoxication Assault: When a DWI incident causes serious bodily injury to another person, this third-degree felony charge applies and carries substantial prison exposure along with restitution obligations.
• Boating While Intoxicated: Travis County’s proximity to Lake Travis and Lake Austin means BWI charges arise with some regularity; the offense carries penalties that mirror Texas DWI law and is handled in the same courts.
• Drug-Related DWI: Charges based on impairment from controlled substances, prescription medications, or cannabis involve different evidentiary issues than alcohol-based cases, including Drug Recognition Evaluator testimony and toxicology results from blood draws.

Why David Hardaway’s Firm Handles Travis County DWI Defense Effectively

The Law Offices of David C. Hardaway was built specifically to handle the kind of serious criminal cases where a generic defense approach is not enough. The firm serves clients across an exceptionally wide geographic footprint in Central Texas, which means it has developed genuine familiarity with the courts, prosecutors, and procedures in Travis County and in Hays, Comal, Guadalupe, Caldwell, and Williamson Counties as well. That regional depth matters for DWI defense because the way cases are prosecuted and the options available for resolution vary by jurisdiction.

Clients who have worked with the firm describe consistent themes in their reviews: the attorneys communicate directly and stay accessible, they investigate cases thoroughly rather than pushing clients toward quick plea deals, and they approach each case as a distinct factual problem rather than a category of offense. Jason K., one former client, noted that the firm’s attention to detail and willingness to investigate ultimately led to his case being dismissed rather than resolved by conviction. That kind of outcome does not happen by accident. It reflects a defense process that starts with a serious review of every piece of evidence, from the initial traffic stop through breath or blood testing, and challenges every link in the prosecution’s chain where a legitimate challenge exists.

For someone facing a Travis County DWI charge, the firm’s combination of broad Central Texas court experience, a stated commitment to thorough investigation, and a track record of direct client communication offers a meaningful advantage over attorneys who treat DWI as a volume business and move cases through with minimal individualized attention.

What to Do After a DWI Arrest in Travis County

The administrative license revocation clock starts running the moment a DWI arrest occurs in Texas. Under the ALR process, a driver has a narrow window after arrest to request a hearing to contest the suspension of their license. Missing that deadline results in an automatic suspension without any hearing. This is not a deadline that can be extended after the fact, and it is separate from any criminal court date, so waiting until a court appearance to address the license issue is a mistake that cannot be undone.

On the criminal side, the case will be processed through Travis County’s court system. Misdemeanor DWI cases are handled in the Travis County Constitutional County Courts at Law, located in Austin. Felony DWI matters, including intoxication assault and intoxication manslaughter, move through the Travis County District Courts. The Travis County District Attorney’s Office prosecutes these cases, and the firm that represents you should have working knowledge of how that office approaches plea negotiations, what evidence it considers strong versus weak, and when it is likely to reduce or dismiss charges based on defense investigation and motion practice.

After an arrest, the most important things to avoid are making statements to law enforcement about what you drank, when, or how much, and consenting to any additional testing or searches without consulting an attorney. Anything said during and after the stop can be used at trial. The dashcam footage from the arresting officer’s vehicle, the body camera footage if available, the maintenance and calibration records for any breath testing device, and the chain of custody documentation for any blood draw are all documents your defense attorney should obtain early in the process. Do not assume that evidence favorable to you will be preserved automatically; formal legal requests must be made to ensure it is not lost or overwritten.

If a blood draw was taken, Texas law governs how that draw must be conducted, by whom, and under what conditions. Violations of those requirements can give rise to suppression motions that, if granted, remove the most powerful piece of evidence from the prosecution’s case. The same analysis applies to the field sobriety tests administered at the scene: those tests have standardized administration protocols, and deviation from those protocols can be used to undermine the officer’s conclusions about impairment.

Answers to Common Travis County DWI Questions

How long do I have to request an ALR hearing after a DWI arrest in Texas?

Texas law gives arrested drivers a short window from the date of arrest to request an administrative license revocation hearing with the Texas Department of Public Safety. This deadline is strictly enforced. If you miss it, your license will be automatically suspended regardless of what happens in the criminal case. Contact a DWI attorney in Travis County immediately after your arrest so the request can be submitted on time.

Can a DWI charge in Travis County be dismissed?

Yes, dismissal is a real outcome in some cases. It typically happens when the stop itself lacked legal justification, when the breath or blood test evidence is successfully suppressed due to procedural or equipment failures, or when the prosecution’s evidence of impairment is too weak to establish guilt beyond a reasonable doubt. Whether a dismissal is realistic depends entirely on the specific facts of the arrest, which is why a detailed review of the evidence matters from the start.

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

Two separate processes affect your license. The administrative revocation process through DPS is civil in nature and operates independently of the criminal case. A suspension through that process can occur even if the criminal charge is later dismissed or you are acquitted. The criminal court may also impose its own suspension upon conviction. An attorney can contest the ALR suspension through a hearing and, depending on circumstances, seek an occupational license that allows driving for essential purposes during any suspension period.

Will a DWI conviction in Travis County show up on a background check?

Yes. A DWI conviction in Texas becomes part of your criminal record and will appear on standard background checks. Texas does not allow expunction of a DWI conviction, meaning a conviction generally cannot be removed from your record. An acquittal or dismissed charge, by contrast, may be eligible for expunction under Texas law. This is one of the reasons why the outcome of the criminal case carries consequences well beyond the immediate penalties the judge imposes.

Is it possible to get a DWI reduced to a lesser charge in Travis County?

Reductions do occur in Travis County, though they are not guaranteed and depend heavily on the specific facts, the prosecutor’s view of the evidence, and the defense attorney’s ability to identify weaknesses in the case. In some instances, charges have been reduced to obstruction of a passageway or other offenses that do not carry the same long-term consequences as a DWI conviction. This kind of outcome typically results from thorough pre-trial investigation and negotiation, not from simply entering a plea without evaluating the evidence.

Does a DWI conviction affect a commercial driver’s license (CDL) differently?

Yes. Federal and Texas regulations impose stricter consequences on commercial drivers. A DWI conviction, even in a personal vehicle and even for a first offense, can result in a CDL disqualification that ends or severely disrupts a commercial driving career. The BAC threshold for CDL holders operating a commercial vehicle is lower than for regular license holders under federal regulations. Anyone with a CDL facing a DWI arrest in Travis County should treat the situation as a professional licensing crisis as well as a criminal one.

What role does the dashcam footage play in a Travis County DWI case?

Dashcam and body camera footage is often the most important piece of evidence in a DWI case because it shows exactly what happened during the traffic stop, the field sobriety tests, and the arrest. Sometimes that footage helps the prosecution by showing visible signs of impairment. Other times it contradicts the officer’s written report, shows improper test administration, or reveals that the initial stop lacked legal justification. Defense counsel should request this footage as early as possible, since storage policies vary and footage can be overwritten if a formal legal hold is not placed on it promptly.

Can I be charged with DWI in Travis County if I was not driving?

Texas law requires that a person operate a motor vehicle in a public place while intoxicated. “Operating” has been interpreted broadly by Texas courts and does not always require that the vehicle was actually moving. Someone found asleep behind the wheel in a parking lot with the engine running has been prosecuted under Texas DWI law. The specific facts of where the vehicle was located, whether the engine was running, and other circumstances determine how strong the prosecution’s case would be in that scenario.

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

Case timelines vary significantly depending on the complexity of the charges, whether a blood draw was involved (blood cases often take longer because toxicology results must be obtained and reviewed), and the current docket conditions in the Travis County courts. A straightforward first-offense misdemeanor DWI might resolve in a few months. A felony DWI or a case involving contested evidence and suppression motions can take considerably longer. Your attorney should give you a realistic timeline based on the specific nature of the charge and the court handling it.

Does a DWI in Texas affect professional licenses?

It can. Texas licensing boards for nurses, physicians, attorneys, teachers, pharmacists, and other licensed professionals have their own rules governing what criminal convictions or deferred adjudications require reporting and what disciplinary consequences may follow. Someone whose professional license is at stake should make sure their defense attorney understands those licensing consequences from the beginning, because the strategy for resolving the criminal case may need to account for how certain outcomes will be treated by the relevant licensing authority.

Travis County DWI Defense Across Austin and Central Texas

The Law Offices of David C. Hardaway represents clients facing DWI charges throughout Travis County and well beyond its borders. Within Travis County itself, the firm handles cases arising from arrests in Austin across all parts of the city, from the entertainment corridors along Sixth Street and Rainey Street through the neighborhoods of East Austin, South Austin, North Loop, Hyde Park, Tarrytown, and Westlake Hills. Cases arising from incidents on MoPac, I-35, US-183, and Highway 71 are handled regularly, as these are the corridors where Austin Police Department and Texas DPS troopers most frequently conduct DWI enforcement.

Beyond Travis County, the firm also handles DWI cases in Hays County, covering San Marcos, Kyle, and Buda; in Williamson County, including Round Rock, Cedar Park, Georgetown, and Leander; and in Bastrop County and Caldwell County to the east and south. South toward San Antonio, the firm represents clients in Comal County (New Braunfels), Guadalupe County (Seguin and Schertz), and Bexar County. West into the Hill Country, the firm’s Fredericksburg office serves clients in Gillespie County and surrounding areas. Whether an arrest happened in the heart of Austin or on a rural highway in an adjacent county, the same thorough, direct defense approach applies.

Talk to a Travis County DWI Attorney Before Your Next Court Date

A DWI charge carries real consequences: license suspension, fines, potential jail time, a permanent criminal record, and professional consequences that can follow you for years. The decisions made in the first days and weeks after an arrest, about whether to contest the ALR suspension, how to approach the evidence, and what defense strategy to pursue, shape every outcome that follows. A Travis County DWI attorney at The Law Offices of David C. Hardaway will sit down with you, review what actually happened, tell you honestly what the evidence shows, and build a defense strategy grounded in the real facts of your case. Call the firm today to schedule your confidential consultation and start that process with an attorney who will give it to you straight.