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Austin DWI Attorneys

Let Us Fight Your Driving While Intoxicated Charge

You could be charged with a DWI in Texas if you allegedly operated a vehicle while intoxicated or with an unlawful blood alcohol concentration. Depending on the circumstances, the offense could be a misdemeanor or felony. A conviction could result in severe penalties, including jail or prison time, fines, and/or suspension of driving privileges. These sanctions are not the only ones to be concerned about. You may also face collateral consequences, such as an inability to get hired for a job with a driver’s license requirement. Although facing DWI penalties is possible, it’s also possible to seek to avoid or minimize them by fighting the charge.

Our Austin DWI lawyers are ready to pursue a favorable outcome on your behalf. Our team at Peek & Toland has over 21 years of combined experience and has handled thousands of cases. We are Texas Board Certified attorneys who know the ins and outs of the criminal justice system. We can develop a defense tailored for you by listening to your side of the story and understanding your needs. Whether your matter can be resolved inside or outside the courtroom, we will be your steadfast champion throughout.

To speak with one of our DWI attorneys in Austin, please call us at 512-359-3362or contact us online today.

The Elements of a Texas DWI

Texas Penal Code § 49.04 prohibits driving while intoxicated.

A person violates the law when they:

  • Operate a motor vehicle in a public place when their
  • Mental or physical faculties (e.g., motor skills, cognitive abilities) are diminished because of the consumption of alcohol, a controlled substance, and/or a drug; or
  • Blood alcohol concentration (BAC) is 0.08 or more.

A DWI can be a misdemeanor or a felony. The level is tied to several factors, including the driver’s BAC level or criminal history.

Misdemeanor charges arise for:

  • A first-time DWI without aggravating factors
  • A first-time DWI involving a BAC of 0.15 or more
  • A second DWI violation

Felony charges may be levied for:

  • A DWI where a child passenger under 15 years of age was in the vehicle
  • Third DWI violation
  • Intoxication manslaughter (causing bodily injury to another person)
  • Intoxication manslaughter (causing another person’s death)

Our DWI lawyers in Austin have experience handling complex cases. We will dedicate the time, effort, and resources needed to fight your charge, whether a felony or misdemeanor.

Potential DWI Conviction Penalties

DWIs in Texas carry a range of punishments. In some cases, the penalties can include minimum terms of incarceration. The specific sanctions a court may impose depend not just on the level of charge but also on the factors involved in the alleged offense.

Below are the possible punishments:

  • Class B misdemeanor (first offense):
    • Up to 180 days in jail
      A first-time violation carries a minimum 72-hour jail term
      A violation involving an open container of alcohol carries a minimum 6-day jail term
    • Up to $2,000 in fines
  • Class A misdemeanor (BAC of 0.15 or more, second offense):
    • Up to 1 year in jail
      A second violation carries a minimum 30-day jail term
    • Up to $4,000 in fines
  • State jail felony (DWI with child passenger):
    • 2 years to 180 days in state jail
    • Up to $10,000 in fines
  • Third-degree felony (third offense, intoxication assault):
    • 2 to 10 years in prison
    • Up to $10,000 in fines
  • Second-degree felony (intoxication manslaughter):
    • 2 to 20 years in prison
    • Up to $10,000 in fines

Defenses can be raised to fight DWI charges. For instance, you could argue that the chemical test results were invalid or that you were subjected to an unlawful stop or arrest. Our team will fully investigate to determine ways to combat the accusations against you.

Schedule a Consultation with an Austin DWI Attorney

At Peek & Toland, we hold ourselves to a high standard and handle each case with integrity. When you hire our team, you will have an advocate on your side doing what it takes to defend you.

We are here to protect your rights and future. Please contact us at 512-359-3362or submitting an online contact form.

Qualities that Define Us

  • Top Texas Board Certified Attorneys
  • Experienced, Bilingual Staff
  • Successful Trial Attorneys
  • Successfully Handled Tens of Thousands of Cases
  • Precise & Adaptable Approach to All Cases
  • 5 Star Client Reviews

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