Austin DWI Lawyer

A DWI conviction in Texas can jeopardize both your freedom and your future. From the moment you’re arrested, the timeline for protecting your rights and building a strong defense begins to shrink. Our attorneys at O’Connell West, PLLC understand how overwhelming criminal charges can feel, but you don’t have to navigate this process on your own.

Call (512) 547-7265 to speak to one of our reputable Austin DWI lawyers who will fight tirelessly on your behalf. Our firm has a well-earned reputation for fierce, unrelenting legal representation, and waiting isn’t an option when your future hangs in the balance.

Why Choose O’Connell West, PLLC?

At O’Connell West, PLLC, our team brings over 60 years of collective criminal law experience to your case. We have served as both state and federal prosecutors and defense attorneys, which means we understand how the other side thinks, strategizes, and builds their cases. Our Austin DWI lawyers who have prosecuted cases know exactly what weaknesses to exploit in the government’s case and what arguments resonate with judges and juries.

We have an outstanding track record for negotiating DWI cases down to lower-level offenses while obtaining outright dismissals for some of our clients. Our relationships with prosecutors, combined with our reputation for thorough preparation and aggressive advocacy, often lead to favorable outcomes before trial becomes necessary. When we identify flaws in the state’s case, we leverage that knowledge to secure the best possible result for you.

Our Austin DWI Lawyers Are Trial-Ready

We have first-chaired over 150 jury trials in state and federal courts throughout Texas. Our Austin DWI attorneys who regularly try cases send a clear message to prosecutors: we do not back down, and we’re prepared to take your case to a jury if that serves your best interests.

Legal Ramifications of a DWI Conviction in Texas

Texas law imposes severe penalties for DWI convictions that escalate with each subsequent offense.

• 1st DWI: Class B misdemeanor punishable by up to 180 days in jail, a fine up to $2,000, and license suspension for up to one year under Texas Penal Code § 49.04.
• 2nd DWI: Class A misdemeanor punishable by up to one year in jail, a fine of up to $4,000, and license suspension for up to two years.
• 3rd DWI: Third-degree felony punishable by 2 to 10 years in prison, a fine up to $10,000, and license suspension for up to two years under Texas Penal Code § 49.09.

Potential Consequences of a DWI Conviction

A DWI conviction creates a criminal record that follows you for years, damaging your reputation in your community and professional circles. People make judgments based on background checks, and a DWI appears every time someone searches your history.

Professional and Employment

Your career prospects can suffer significantly when employers discover a DWI conviction:

• Current Employment: Many employers terminate employees with DWI convictions, particularly those who require driving, operate machinery, or hold professional licenses.
• Future Job Opportunities: Background checks reveal your conviction, causing hiring managers to select other candidates who don’t carry the same perceived liability.
• Professional Licenses: State licensing boards for doctors, nurses, lawyers, teachers, and other professionals may suspend or revoke your license based on a DWI conviction.

Child Custody

A DWI conviction can give your ex-spouse or co-parent powerful grounds to claim you lack the judgment needed to keep your children safe. Family courts routinely weigh criminal convictions when setting custody and visitation terms, which may result in reduced parenting time or even supervised visitation.

Financial

The financial devastation can be overwhelming. You pay mandatory court costs, probation fees, alcohol education programs, ignition interlock device installation and monitoring, and other expenses totaling thousands of dollars. Additional consequences include:

• Insurance Premiums: Your auto insurance rates skyrocket, sometimes tripling or quadrupling after a DWI conviction, and these elevated rates continue for years.
• Lost Income: Jail time, license suspension, and job loss combination can devastate your earning capacity both immediately and long-term.

Housing

Landlords routinely deny rental applications from individuals with criminal records, viewing DWI convictions as indicators of poor judgment and potential liability. Many apartment complexes and rental companies maintain strict policies against renting to anyone with recent convictions, severely limiting your housing options.

Your Rights

A DWI conviction can take away freedoms you may never have imagined losing. Many countries, Canada among them-refuse entry to individuals with DWI records, limiting your ability to travel for work or leisure. Other losses of rights include:

• Voting Rights: Felony DWI convictions result in loss of voting rights while incarcerated. However, Texas restores these rights upon completion of your sentence.
• Right to Bear Arms: Felony DWI convictions permanently prohibit firearm possession under federal law, stripping away your Second Amendment rights.

Potential Defenses We Explore

We examine every aspect of your case to identify weaknesses in the prosecution’s evidence and violations of your constitutional rights. Our experience as former prosecutors gives us insight into how the state builds DWI cases and where those cases typically fail.

Challenging the Stop and Arrest

Law enforcement must follow strict protocols when stopping vehicles and arresting drivers:

• Lack of Reasonable Suspicion: Officers need reasonable suspicion of criminal activity to initiate a traffic stop, and we challenge stops based on mere hunches or insufficient observations.
• Improper Checkpoint Procedures: DWI checkpoints must follow specific constitutional guidelines, and we move to suppress evidence when officers deviate from required protocols.
• Lack of Probable Cause for Arrest: Officers must establish probable cause before arresting you, and we scrutinize whether the facts justified taking you into custody.

Challenging Officer Conduct

At O’Connell West, PLLC, we hold law enforcement accountable when officers violate proper procedures or your constitutional rights. Officers must conduct field sobriety tests according to standardized protocols; deviations from those protocols undermine the reliability of the test results.

Challenging the Evidence and Testing

The state’s case often depends on scientific evidence that we can challenge effectively:

• Breathalyzer Calibration and Maintenance: These devices require regular calibration and maintenance, and we obtain maintenance records to identify periods when devices produced unreliable results.
• Blood Test Chain of Custody: Blood samples must maintain proper chain of custody from collection through testing, and any break in that chain can render the results inadmissible.
• Rising Blood Alcohol Concentration: Your blood alcohol level may have been below the legal limit while driving, but may have risen to illegal levels by the time officers conducted testing.

Your Defense Against DWI Charges in Austin, TX

You face serious consequences that demand serious legal representation from an Austin DWI attorney who knows how to win. We stand ready to investigate your case, challenge the evidence against you, and fight for the best possible outcome. Call O’Connell West, PLLC, at (512) 547-7265 to schedule a consultation with one of our experienced Austin DWI lawyers who can be the difference between a case dismissal and a maximum penalty.