DWI & DUI Defense
Austin DWI Lawyer
Experienced Representation for DWI, DUI, and License Suspension Cases in Texas
A DWI arrest can have immediate and long-term consequences affecting your driver’s license, employment, finances, and criminal record. Even a first-time offense may result in jail time, license suspension, increased insurance costs, and other penalties under Texas law. Because many deadlines begin immediately after an arrest, understanding your legal options early in the process is important. At Carroll Troberman, PLLC, our Austin DWI attorneys represent clients throughout Central Texas facing misdemeanor and felony DWI charges, DUI allegations, license suspension proceedings, and related criminal matters. We understand that every DWI case is different, and we work closely with clients to evaluate the circumstances surrounding the arrest, identify potential legal defenses, and protect their rights throughout the process.
Understanding DWI Charges in Texas
Texas law prohibits operating a motor vehicle while intoxicated by alcohol, drugs, or a combination of substances. For drivers over the age of 21, the legal blood alcohol concentration limit is 0.08%, although a person may still face DWI charges even below that threshold if law enforcement believes their physical or mental faculties were impaired. DWI cases often involve questions surrounding traffic stops, field sobriety testing, officer observations, and breath or blood testing procedures. In some situations, evidence may be challenged based on constitutional violations, testing errors, or procedural mistakes made during the arrest process. Understanding some of the most common defenses to a DUI or DWI charge can help individuals better understand how these cases are evaluated and defended.
Administrative License Revocation (ALR) Hearings
Many people are unaware that a DWI arrest can trigger a separate driver’s license suspension process through the Administrative License Revocation (ALR) system. In most cases, a driver has only 15 days from the date of arrest to request a hearing challenging the suspension. Failing to request a hearing within that timeframe may result in an automatic suspension of driving privileges, even before the criminal case is resolved. These hearings can also provide an early opportunity to review evidence and testimony related to the arrest.
First, Second & Felony DWI Charges
Penalties for DWI offenses generally increase with subsequent convictions. While some first-time offenses may qualify as misdemeanors, repeat offenses or cases involving accidents, injuries, or children in the vehicle can lead to more serious felony charges. For many individuals, a first-time DWI in Texas may still carry serious consequences involving fines, probation, license suspension, ignition interlock requirements, or jail time depending on the circumstances of the arrest. Repeat offenses can carry significantly harsher penalties, making early legal guidance especially important.
Our firm represents clients facing:
- First-time DWI charges
- Second DWI offenses
- Felony DWI allegations
- DUI charges involving minors
- Intoxication assault allegations
- License suspension proceedings
Sobriety Checkpoints & Traffic Stops
Texas has some of the strictest DWI laws in the country, but there are also constitutional limits on how law enforcement may conduct traffic stops and investigations. For example, sobriety checkpoints remain illegal in Texas, even though many drivers are unfamiliar with the distinction between lawful traffic stops and prohibited checkpoint operations. Whether a stop was lawful can become an important issue in a DWI defense case, particularly when evidence was obtained during an improper stop or investigation.
DWI Cases Involving Children or Accidents
Some DWI arrests involve allegations of intoxication assault, accidents causing injury, or children present in the vehicle at the time of the stop. These situations can lead to enhanced penalties and may also affect professional licenses, custody disputes, or CPS investigations. Cases involving accidents or injuries frequently require detailed analysis of evidence, witness statements, medical records, and law enforcement procedures.
Why Choose Carroll Troberman, PLLC
DWI cases often involve technical, legal and scientific issues related to breath testing, blood testing, field sobriety testing, and constitutional protections during traffic stops and arrests. Our attorneys represent clients in both misdemeanor and felony DWI matters throughout Austin and Central Texas. At Carroll Troberman, PLLC, we work closely with clients to explain the legal process, evaluate the facts surrounding the arrest, and develop defense strategies tailored to the circumstances of each case.
Frequently Asked Questions
What happens after a DWI arrest in Texas?
A DWI arrest may lead to both criminal charges and a separate driver’s license suspension process through the ALR system.
How long do I have to request an ALR hearing?
In most cases, you must request an ALR hearing within 15 days of the arrest to challenge a potential license suspension.
Can I be charged with DWI if my BAC was below 0.08?
Yes. Texas law allows DWI charges if law enforcement believes alcohol or drugs impaired your physical or mental faculties, even below the legal limit.
Will a DWI stay on my record permanently?
Some cases may qualify for nondisclosure or other forms of record relief depending on the circumstances and outcome of the case.
What is the difference between DWI and DUI in Texas?
DWI generally applies to intoxicated drivers over 21, while DUI often refers to alcohol-related offenses involving minors.
Speak With an Austin DWI Attorney
A DWI charge can have serious legal and personal consequences, but an arrest does not automatically mean a conviction. Understanding your rights and legal options early in the process can make a significant difference. Contact Carroll Troberman, PLLC to speak with an Austin DWI lawyer about your case.
This article is for informational purposes only. It is not legal advice, and past results do not guarantee future outcomes. Every case turns on its specific facts and the current law.
