Driving While Intoxicated

DWI Defense: Protecting Your License and Liberty in Georgetown, Texas

A charge of Driving While Intoxicated (DWI) in Georgetown, Texas, can be a terrifying and life-altering experience. A DWI arrest in Williamson County initiates two separate legal battles: the criminal case to determine guilt and the Administrative License Revocation (ALR) hearing to fight for your driving privileges. The consequences of a conviction extend far beyond the courtroom, impacting your employment, finances, and personal freedom.

If you’ve been arrested for DWI, time is of the essence. You have only 15 days from the date of your arrest to request an ALR hearing to contest the automatic suspension of your driver’s license. Don’t delay—contact an experienced Georgetown DWI defense attorney immediately.

Texas DWI Penalties: A Detailed Look

Texas law defines DWI as operating a motor vehicle in a public place while intoxicated, meaning you either do not have the normal use of your mental or physical faculties because of alcohol or drugs, or you have a Blood Alcohol Concentration (BAC) of 0.08% or higher.

The penalties for a conviction escalate dramatically with prior offenses and aggravating factors.

First-Offense DWI (Class B Misdemeanor)

• Jail Time: Minimum 3 days, up to 180 days.
• Fine: Up to $2,000.
• License Suspension: Up to one year.
• Additional Costs: Annual fee of up to $2,000 for three years to retain a license, possible DWI Education Program, and mandatory installation of an Ignition Interlock Device (IID).

Second-Offense DWI (Class A Misdemeanor)

• Jail Time: 30 days to one year.
• Fine: Up to $4,000.
• License Suspension: Up to two years.

Third or Subsequent DWI (Third-Degree Felony)

• Prison Time: 2 to 10 years in state prison.
• Fine: Up to $10,000.
• License Suspension: Up to two years.

DWI with Enhanced Penalties

Certain factors can automatically elevate a misdemeanor DWI to a felony or significantly increase the potential jail time:

• BAC of 0.15% or higher: Elevated to a Class A Misdemeanor, even on a first offense.
• DWI with a Child Passenger (under 15): State Jail Felony (180 days to two years in a state jail and up to a $10,000 fine).
• Intoxication Assault: Occurs if serious bodily injury is caused. Third-Degree Felony.
• Intoxication Manslaughter: Occurs if a death is caused. Second-Degree Felony.

Critical DWI Defense Strategies in Williamson County

A DWI defense is highly technical and requires a meticulous review of police procedure, sobriety testing, and chemical analysis. At Gordon Law PLLC, we focus on challenging every aspect of the State’s evidence, including:

• Challenging the Initial Stop: Was the traffic stop in Georgetown, Round Rock, or elsewhere in Williamson County based on a legitimate traffic violation or reasonable suspicion? If the stop was illegal, all evidence gathered afterward may be inadmissible.
• Challenging Field Sobriety Tests (FSTs): FSTs are highly subjective. We investigate whether the officer administered the tests according to standardized protocols, if your performance was affected by pre-existing medical conditions, environmental factors (e.g., poor lighting, road surface), or nervousness, and if the officer’s scoring was accurate.
• Challenging Chemical Tests (Breath/Blood):
  • Breath Tests: We question the calibration and maintenance of the Intoxilyzer machine, the operator’s qualifications, and whether the 15-minute observation period was properly followed.
  • Blood Tests: We challenge the legality of the blood draw warrant, the chain of custody for the sample, and the lab’s testing procedures and reliability.
• Challenging “Intoxication” by Loss of Faculties: Sometimes a driver may appear impaired due to fatigue, allergies, or an underlying medical condition, not intoxication.

We also fiercely advocate for your rights in the ALR Hearing, often using the officer’s sworn testimony from this hearing to identify inconsistencies or weaknesses that can be used later in the criminal trial.

Get the Dedicated DWI Defense You Need

If you or a loved one is facing a DWI charge in Georgetown or the surrounding areas of Williamson County, the stakes are too high to settle for anything less than an aggressive, experienced defense. Gordon Law PLLC is committed to protecting your driver’s license and your freedom.

We are ready to immediately review the details of your arrest, advise you on your rights, and begin preparing your defense.

Contact Gordon Law PLLC Today for a Free Consultation: We offer a free consultation to discuss your case and a range of flexible payment plans to ensure expert legal help is accessible when you need it most.

Gordon Law PLLC

600 W. 28th Street, Suite #106A Austin, Texas 78705

512-678-9333 (WEED)

Legal Disclaimer: This article is provided for informational purposes only and is not intended as legal advice. Reading this content or contacting our firm does not establish an attorney–client relationship. You should consult with an attorney for advice regarding your specific situation.