Driving While Intoxicated | Driving Under the Influence
Your Criminal Defense Attorney for Navigating Texas DUIs and DWIs with Ease
Are You Facing a DWI or DUI Charge in Austin?
You’re not alone. At the Law Office of Rhett Braniff, our compassionate approach, combined with over two decades of legal expertise, ensures you’re in the hands of a reliable criminal defense attorney in Austin. Don’t let one mistake define your future. Contact us today for a free consultation and embark on the path to clearing your name.
Is There a Difference Between DUI and DWI in Texas?
Driving While Intoxicated (DWI) is the charge for operating a motor vehicle in a public place while intoxicated. It is similar in most respects to other state’s Driving Under the Influence (DUI) charges. Texas has a separate DUI charge for minors. This is a Class C charge that can result in a fine only, and only requires the state to prove consumption of some amount of alcohol. While this charge is just for minors, it is important to remember that minors can be charged with a higher DWI offense.
Texas DWI Range Of Punishments
DWIs in Texas can range from Class B misdemeanors to 3rd-degree felonies. The punishment ranges are as follows:
Charge
DWI with NO prior convictions for DWI
DWI with NO prior convictions for DWI and a breath or blood test over .15
DWI with one prior conviction for DWI
DWI with a passenger younger than 14
DWI with two or more prior convictions for DWI
Penalty
Class B Misdemeanor
Class A Misdemeanor
Class A misdemeanor
State Jail Felony
3rd Degree Felony
Other Alcohol-related offenses include Intoxication Assault, Indication Manslaughter, Public Intoxication, and Minor in Possession of Alcohol.
Our DWI Attorney Fees in Austin, TX
Our firm prides itself on fair, reasonable fees. Our fees include Administrative License Suspension (ALR) and filing for an occupational license. Our pretrial fees range from a $4,500 flat fee up to $12,000 for felony cases. All our fees are flat fees, and we are happy to work out payment plans with you.
DWI Blood Or Breath Tests
You have a right to refuse all field sobriety tests, including a breath or blood test. You should exercise that right immediately upon being suspected of Driving While Intoxicated. Clients who provide a breath or blood sample often consider themselves to be without options. We have successfully suppressed breath and blood samples and won cases despite a breath or blood test over the limit. You have options.
At the Law Office of Rhett Braniff, we’re more than your Austin DUI attorney — we’re your partner in navigating these challenging times. Ready to take the first step towards a brighter future? Contact us now to schedule your free consultation.
Texas DWI Range Of Punishments
DWIs in Texas can range from Class B misdemeanors to 3rd-degree felonies. The punishment ranges are as follows:
Class B Misdemeanor
Class A Misdemeanor
Class A misdemeanor
State Jail Felony
3rd Degree Felony
Other Alcohol-related offenses include Intoxication Assault, Indication Manslaughter, Public Intoxication, and Minor in Possession of Alcohol
Driving While Intoxicated | DUI
Is there a difference between DUI and DWI in Texas? Yes and no. Driving While Intoxicated (DWI) is the charge for operating a motor vehicle in a public place while intoxicated. It is similar in most respects to others State’s Driving Under the Influence (DUI) charges. In some ways, DWI and DUI are the same thing, though all states way have slight differences in the elements of the offense a prosecutor would have to prove. For the most part, the charge is the same.
Texas has a separate DUI charge for minors. This is a Class C charge that can result in a fine only, and only requires the State to prove consumption of some amount of alcohol. While this charge is just for minors, it is important to remember that minor can be charged for the higher DWI offense
Texas DWI range of punishment
DWI’s in Texas can range from Class B misdemeanors to 3rd Degree felonies. The punishment ranges are as follows:
- DWI with NO prior convictions for DWI Class B Misdemeanor
- DWI with NO prior convictions for DWI
and a breath or blood test over .15 Class A Misdemeanor
- DWI with one prior conviction for DWI Class A misdemeanor
- DWI with a passenger younger than 14 State Jail Felony
- DWI with 2 or more prior convictions for DWI 3rd Degree Felony
Other Alcohol related offenses include Intoxication Assault, Indication Manslaughter, Public Intoxication, and Minor in Possession of Alcohol
Driving while Intoxicated charges in Texas can be difficult to navigate. A DWI charge and/or conviction can have far reaching implications, including driver license suspensions, professional consequences, professional license suspension issues, private pilot medical clearance issues, hefty fines, and many others. It is imperative that you look to hire an experienced DWI attorney to help you navigate the process.
Austin Texas DWI charge fees
Our firm prides itself on fair, reasonable fees. Our fees are inclusive of the Administrative License Suspension (ALR) and the filing for an occupational license. Our pretrial fees range from a $4500 flat fee up to $12,000 for felony cases. All our fees are flat fees, and we are happy to work out payment plans.
DWI blood or breath tests
You have a right to refuse all field sobriety tests, including a breath or blood test. You should exercise that right immediately upon being suspected of Driving While Intoxicated. It is possible, even after a person refuses a breath or blood test, that Law Enforcement will obtain a search warrant and draw your blood against your wishes. Often the officer will tell you this to make you think you have no options. You do. Refuse the chemical test, and force them to obtain a warrant.
Breath and Blood tests are just one piece of evidence
Often potential clients will tell me that they provide a breath or blood sample, and consider themselves to be without options. The Law Office of Rhett Braniff has successfully suppressed breath and blood samples, and won case despite a breath or blood test over the limit. You have options.
Call the Law Office of Rhett Braniff today to schedule a free DWI consultation.