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 Law Group 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.
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’sBAC 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
- Up to 180 days in jail
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
- Up to 1 year in jail
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 Law Group, 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.
If you are facing a DWI charge in Austin, acting quickly to protect your legal rights and maximize the chances of a favorable outcome is essential. Enlisting the services of an experienced Austin DWI lawyer's services can significantly impact your case's outcome. A proficient attorney can offer expert legal counsel, develop a robust defense strategy, and guide you through the complex legal system. Delaying action can be costly; therefore, we urge you to get in touch with an Austin DWI lawyer today to arrange a consultation and initiate your defense. Your driving privileges and future are at risk, but with the right lawyer by your side, you can achieve the best possible result.
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