Arrested for DWI in Austin? What You Need to Do in the First 15 Days

An experienced DWI defense attorney can fight for your rights

A DWI arrest in Texas can unravel a person’s plans, reputation, and sense of control in a matter of hours. For those arrested for the first time, the consequences often begin before they fully understand what’s happening. In addition to criminal charges, Texas imposes strict administrative penalties – including a ticking 15-day deadline to protect one’s driver’s license. On top of that, in Austin and the surrounding area local courts take a hard stance on impaired driving, and even a misdemeanor charge can quietly follow someone for years.

Still, there are proven ways to contain the damage and, in many cases, avoid a conviction altogether. But timing and local experience matter. Understanding the steps to take – and what’s really at stake – can make the difference between a second chance and long-term consequences.

The first 15 days can change everything

Under Texas law, individuals arrested for driving while intoxicated (DWI) have just 15 days to request an Administrative License Revocation (ALR) hearing. If no request is made, the Texas Department of Public Safety (DPS) will automatically suspend the driver’s license – regardless of the outcome of the criminal case. For many, this suspension begins before they’ve even appeared in court.

The ALR process is not handled through the criminal courts. Instead, it is a civil proceeding that focuses on whether a person refused or failed a chemical test. DPS will present its case at a hearing, and the defense has the opportunity to challenge whether the stop was lawful, whether procedures were followed, and whether the evidence is admissible.

Why local knowledge matters

ALR hearings for Austin-area arrests are typically held through the DPS Austin Service Center and the State Office of Administrative Hearings (SOAH).
Hearing officers in Travis County often expect arguments tailored to local procedures, and familiarity with local enforcement agencies can help identify flaws in the state’s case.
Attorneys unfamiliar with the ALR process or who miss the deadline can severely damage a client’s chances of retaining their license and weakening the state’s argument.

A skilled Austin DWI lawyer will use the ALR hearing not just to try to save your license but also as a discovery tool. Cross-examining the arresting officer under oath can reveal inconsistencies or weaknesses in the state’s evidence – and lay the groundwork for beating the DWI charge in court.

What you’re really up against with a first-time DWI in Travis County

Even a first-time DWI arrest carries significant legal penalties under Texas law. For a standard Class B misdemeanor DWI, the consequences may include:

Up to 180 days in jail
Up to $2,000 in fines
A driver’s license suspension of up to one year
Court-ordered alcohol education classes
Possible community service and ignition interlock device installation

In Travis County, many first-time offenders do not avoid jail time. Travis County courts are known for taking impaired driving seriously. Judges do not view a first-time charge as trivial, especially when aggravating factors are present – such as a high blood alcohol concentration (BAC), an accident, or the presence of a child in the vehicle.

Even without aggravating circumstances, defendants often find themselves penalized, placed on probation, required to complete alcohol education programs, and subjected to random testing or check-ins with pretrial services. The process is time-consuming, expensive, and stressful – and it begins almost immediately after arrest.

Diversion isn’t guaranteed, but it’s a lifeline if you qualify

Travis County does offer a DWI Pretrial Diversion Program – a valuable option for eligible first-time offenders. This program allows certain defendants to complete supervised conditions in exchange for a dismissal of charges and, eventually, an opportunity to have the arrest expunged.

However, eligibility is not automatic. Prosecutors screen applicants carefully, and only those with clean records and non-aggravated offenses are considered. Common eligibility criteria include:

First-time DWI: The charge must be a first-time DWI committed after Jan. 1, 2021. Second offenses (DWI 2nd) are not eligible.
BAC under 0.20%: The person’s blood alcohol concentration (BAC) must be below 0.20. Cases with a BAC of 0.20 or higher are excluded.
Certain collisions are excluded: DWIs involving certain types of collisions – details reviewed case-by-case – are not eligible for diversion.
Compliance: Willingness to comply with alcohol monitoring or treatment.

Final acceptance is subject to case-by-case review, and the District Attorney’s Office retains discretion based on the totality of the circumstances. If accepted, participants typically must complete classes, community service, and remain alcohol- and arrest-free for a period of months. Successful completion often results in full dismissal of the DWI charge, which can be a lifeline for students, professionals, and anyone looking to protect their future.

An Austin DWI defense attorney familiar with the Travis County District Attorney’s Office and pretrial diversion staff can help craft an application, negotiate entry, and monitor compliance – significantly improving the chances of dismissal.

Consequences that catch people off guard

Many defendants believe a first-time DWI is something they can plead out and move on from. But the hidden costs and collateral consequences often appear weeks or months later – when it’s too late to undo the damage. Common long-term consequences include:

License suspension: Even a short-term suspension can interfere with work, child custody, or medical needs. Occupational licenses are available, but the process is complicated.
SR-22 insurance requirements: A conviction often leads to mandatory high-risk insurance filings, which can increase insurance premiums for years.
Employment risks: Those working in sensitive industries – such as state employees, tech professionals, or those with government contracts – may be subject to disciplinary action or termination.
University consequences: UT Austin and other higher education students may face conduct hearings, loss of scholarships, or academic probation, even for off-campus arrests.
Professional licensing issues: Individuals with licenses in healthcare, teaching, law, engineering, and other fields are often required to self-report DWI arrests and convictions to state boards. This can trigger investigations, suspensions, or mandatory monitoring.

The impact of a first-time DWI extends beyond the courtroom – and into a person’s personal and professional reputation, future career opportunities, and daily life.

How a local law firm can make a difference

Every county in Texas handles DWI cases differently. Travis County’s prosecutors, judges, and court coordinators have their own expectations, timelines, and preferences. For someone arrested in Austin, working with a lawyer who regularly practices in Travis County can be the difference between a strategic defense and missed opportunities. What local attorneys bring to the table:

Knowledge of Travis County’s DWI Pretrial Diversion Program and how to apply
Familiarity with Austin-area judges and prosecutors, and how they typically approach plea deals or diversion
Experience dealing with APD reports, bodycam evidence, and local arrest procedures
Tactical advantage in ALR hearings held at the SOAH office in Austin

Attorneys unfamiliar with the Travis County system may not realize what opportunities exist – or how to push for them. Worse, they may fail to take the early steps that protect the client’s license, leverage discovery, or preserve evidence.

Your next step matters more than you think

If you’ve been arrested for DWI in Austin, the next few days are critical. You have just 15 days to fight a potential license suspension, and early legal decisions can shape the entire outcome of your case. A first-time DWI doesn’t have to derail your future – but protecting yourself requires immediate, strategic action.

Botsford & Roark has the resources, knowledge, and connections to get results. Our firm has a long-standing reputation for handling high-stakes criminal cases in Austin, including DWI, sexual assault, domestic violence, and Title IX allegations. We've successfully defended both high-profile clients and everyday people – from helping a local judge get a DWI reduced to a speeding citation, to securing a dismissal down to obstruction of a passageway for student athletes, to protecting a state official who refused all testing and served just six days.

Our founding partners are AV Preeminent Peer Review Rated by Martindale-Hubbell – a distinction earned through consistent excellence and respect in the legal community.

If you're ready to protect your record, your license, and your future, contact us for a free case evaluation. We’ll review your case, explain your legal options, and provide the focused defense you need to move forward.

“Best it gets, hands down. It was an easy and stressless experience having Brian handle my case, and I am forever grateful I was pointed in his direction. Do not think twice about having him represent you. From day one it was well laid out for me what the plan was, and he made it happen. Highly recommend!” – Blake B., ⭐⭐⭐⭐⭐

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