A DWI charge can turn your world upside down in an instant. Your future, your freedom, and your reputation are suddenly at stake. You’re scared and uncertain about your future, and you have a million questions racing through your mind.
No matter how serious the charges or strength of evidence against you, you have rights. Austin DWI defense attorney Lance Kennedy understands the gravity of your situation and the stress and anxiety you’re feeling. He can assert your rights and protect them throughout the process. He can also provide invaluable counsel and advocacy to improve your odds of getting the best results possible.
Lance Kennedy has successfully defended many clients against DWI charges in Austin. He knows the law, the local court system, and the strategies that work. More importantly, he knows what you’re going through and is ready to stand by your side every step of the way.
Having a defense lawyer who knows Travis County’s court processes makes a meaningful difference. Licensed to practice in Texas, Lance Kennedy stays on top of changes in local DWI procedures, including ongoing efforts by Austin police to increase enforcement around high-traffic areas like 6th Street and Riverside Drive. Familiarity with the Austin Municipal Court’s expectations allows your defense lawyer to advise you every step of the way, so you’re never left in the dark as your case moves forward.
Don’t let a single mistake define your future. Contact Lance Kennedy Law today for a free, confidential consultation. Let’s talk about your case and explore your options. You’re innocent until proven guilty. The right attorney can help you fight these charges effectively so you can move forward with your life.
Texas takes a hard stance on driving while intoxicated (DWI), and the laws involving impaired driving can be complex and unforgiving. In Austin, authorities can charge you with DWI if:
Your blood alcohol concentration (BAC) is 0.08% or higher
You’re under the influence of drugs (legal or illegal)
You’ve lost the normal use of your mental or physical faculties due to alcohol or drugs
You can face charges for DWI even if your BAC is below 0.08% if officers believe you’re too impaired to drive.
Keep in mind that you can also face DWI charges in Texas even if you’re not actually driving. Simply being in “actual physical control” of a vehicle while intoxicated can lead to an arrest. This means you could face charges for sitting in the driver’s seat with the keys in the ignition, even if the car isn’t moving.
Local law enforcement in Austin often sets up checkpoints during major events such as SXSW or ACL to deter and detect impaired driving. These efforts show that the city prioritizes DWI enforcement, so staying informed of your rights and legal options can make a real difference if you’re stopped at one of these roadside checks.
Lance Kennedy can help you navigate these complex laws and build a strong defense strategy tailored to your specific situation.
Impact of a DWI Charge in Austin
A DWI charge can have far-reaching consequences that extend well beyond the legal system. Your life, reputation, and career could all be affected. Here’s what you might face:
Personal Life: A DWI charge can strain relationships with family and friends. The stress and stigma associated with the charge can lead to emotional distress and social isolation.
Reputation: In our interconnected world, news travels fast. A DWI charge can damage your reputation in your community, potentially affecting personal and professional relationships.
Career: Many employers conduct background checks. A DWI on your record could make it harder to find employment, especially in fields that involve driving or require a clean record.
Education: If you’re a student, a DWI could jeopardize scholarships, financial aid, or even your enrollment status.
Financial Impact: Between fines, court costs, increased insurance premiums, and potential job loss, the financial burden of a DWI can be significant.
Future Opportunities: A DWI conviction can limit future opportunities, from housing options to travel restrictions.
Beyond these direct consequences, a DWI charge in Austin may also affect your ability to maintain a commercial driver’s license or enter industries with strict background check requirements. In addition, Texas law prohibits deferred adjudication for DWI cases, which limits options for avoiding a permanent conviction. Navigating these unique Texas laws requires focused legal guidance from someone who understands the complexities of local systems.
Lance Kennedy understands these potential impacts and will work diligently to minimize the effects of a DWI charge on your life.
Penalties for a DWI Conviction in Austin
The penalties for a DWI conviction in Austin can be severe and life-altering. They vary based on factors such as your BAC level, whether it’s your first offense, and if there were any aggravating circumstances. Here’s a general overview:
First Offense
Up to 180 days in jail
Fines up to $2,000
License suspension for up to 1 year
Second Offense
Up to 1 year in jail
Fines up to $4,000
License suspension up to 2 years
Third Offense
2 to 10 years in prison
Fines up to $10,000
License suspension up to 2 years
Some Austin judges may also require ankle monitors, random drug testing, or substance abuse counseling if your case involves aggravating factors, like high BAC or endangering another person. Texas counties can impose additional surcharges or require community impact panels to prevent repeat offenses. Skilled legal counsel can help you understand all possible penalties and create a plan to address them effectively.
Additional penalties may include an annual surcharge up to $2,000 for 3 years to keep your license as well as having to install an ignition interlock device on your vehicle. Other consequences could include community service, mandatory alcohol education classes, and probation. Lance Kennedy will fight to minimize these penalties and pursue alternatives to harsh sentencing.
What to Expect During and After a DWI Stop in Austin
You need a lawyer who understands the DWI process so you know what to expect. Our lawyers can also explain your rights and options. Here’s a general overview:
The Stop: An officer must have reasonable suspicion to pull you over. This could be for a traffic violation or erratic driving.
Initial Interaction: The officer will observe your behavior, speech, and any signs of impairment.
Field Sobriety Tests: You may be asked to perform field sobriety tests. Remember, you have the right to refuse these tests.
Breath or Blood Test: If arrested, you’ll be asked to take a breath or blood test. Refusing can lead to automatic license suspension.
Booking: If arrested, you’ll be taken to jail for booking and processing.
Release: You may be released on bail or your own recognizance.
Court Appearances: You’ll have several court appearances, including an arraignment and pre-trial hearings.
Trial: If your case goes to trial, a judge or jury will decide your fate.
Court dates for DWI cases in Travis County often take place at the Blackwell-Thurman Criminal Justice Center, located near downtown Austin. This courthouse handles hundreds of cases every week, and knowing how your case will be scheduled in this local setting can help reduce anxiety so you can prepare confidently. Each stage of the process is structured, and a seasoned attorney can guide you through both the administrative hearings at the Texas Department of Public Safety and your criminal court proceedings.
Lance Kennedy will guide you through each step of this process and protect your rights at every turn.
Plea Bargains & DWI Case Resolutions in Austin
Many DWI cases in Austin do not proceed to trial. Prosecutors and defense attorneys often negotiate plea bargains that may reduce the severity of charges or penalties. Every situation is unique, but negotiating with prosecutors could lead to a lesser offense or lighter sentencing, such as probation instead of jail time. These resolutions frequently occur in Travis County, where courts handle a high volume of cases and often prefer settlements that ease court congestion.
Defendants may have the option to accept deferred adjudication, although Texas law excludes this outcome for certain DWI charges. Legal counsel helps you weigh the risks and benefits of plea offers, considering the evidence, the likelihood of conviction, and the effect on your record. By reviewing your case and working within the parameters of Austin’s current DWI policies, Lance Kennedy Law can explain which resolutions may be available and what outcomes each option carries for your future.
Frequently Asked Questions
How quickly will my court dates be scheduled after a DWI arrest in Austin?
Court dates for DWI cases in Austin can be set within days or a few weeks after arrest. Travis County courts move quickly, especially in cases with public safety concerns, so you should respond to any court notice as soon as possible.
What happens if I refuse a breath or blood test during a DWI stop?
Refusing a chemical test in Austin can trigger an automatic license suspension under Texas’s Administrative License Revocation process. You may challenge the suspension, but you must act quickly to request a hearing by the stated deadline.
Can a DWI conviction be removed from my record in Austin?
Under Texas law, DWI convictions are often permanent. However, certain dismissals or not-guilty verdicts may qualify for expungement or non-disclosure. The eligibility rules depend on how your DWI case was resolved.
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“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
Building Your Defense with a DWI Defense Attorney in Austin
A strong defense strategy is essential to fight DWI charges. Lance Kennedy will meticulously examine every aspect of your case to build the most effective defense possible. Here are some key areas he’ll focus on:
The Initial Stop
Was the traffic stop legal? Did the officer have reasonable suspicion to pull you over? If not, Lance could move to suppress any evidence gathered during the stop so that it’s not admissible in court.
Many DWI arrests in Austin occur near entertainment districts and busy roadways, such as 6th Street, Rainey Street, and Interstate 35. Officers pay careful attention to vehicle movement in these areas on weekends and during festival events. A knowledgeable defense attorney considers the context of the stop—including location, time, and circumstances—when evaluating if police followed the law. Reviewing police reports that reflect Austin law enforcement practices can uncover crucial details about whether officers followed proper procedures during your stop.
Field Sobriety Assessments
Field sobriety tests are notoriously subjective and often inaccurate. Lance will scrutinize how officers administered and interpreted these tests.
Details like weather, road surface condition, and lighting can impact test results. For instance, field sobriety tests performed late at night on uneven pavement can result in false positives or misinterpretation. In Austin, bar closing times often lead to busy streets with limited visibility, which may affect the validity of the officer’s observations.
Analyzing Chemical Tests
Breath and blood tests are not infallible. Lance will investigate if authorities properly calibrated and maintained the equipment and administered the test correctly.
Chain of custody issues, timing of the sample, and equipment maintenance records play a big role in evaluating chemical evidence. Some Austin facilities use specific brands of breathalyzers, each with its own operating requirements. An attorney pays close attention to whether local labs in Travis County followed every required step for accurate, admissible results.
Video Evidence Review
If the evidence is available, Lance will carefully review any dash cam or body cam footage to look for inconsistencies in the officer’s testimony or conduct.
In Travis County, law enforcement vehicles often have digital video equipment, and Austin police officers frequently activate body cameras during DWI investigations. These videos sometimes capture details—such as slurred speech or walking patterns—that can either support or challenge an officer’s written statements. Comparing footage to police reports can offer strong opportunities to clarify the facts and question unsubstantiated claims.
Other Possible Defense Options for DWI Charges
Depending on your case, Lance might explore defenses such as:
Rising BAC defense (your BAC was below the legal limit while driving but rose afterward)
Medical conditions that could affect test results
Improper police procedures
Challenging the accuracy of field sobriety tests
Arguing that observed symptoms were due to fatigue, stress, or a medical condition rather than intoxication
Austin DWI cases sometimes involve additional factors, such as prescription medications or medical conditions common among local residents. An attorney reviewing your defense may consult pharmacy professionals or request medical records as part of a tailored approach to your Austin case. These details matter because local hospitals, clinics, and pharmacies may affect the timeline or validity of chemical testing, which could impact your defense strategy in Travis County courts.
Stay Calm: Remain polite and respectful. Cooperate with basic commands, but don’t volunteer information or consent to searches without a warrant.
Exercise Your Right to Remain Silent: Politely inform the officer that you’re exercising your right to remain silent and that you want to speak with an attorney.
Don’t Resist Arrest: Even if you believe the arrest is unjust, don’t physically resist. It will only make your situation worse.
Remember Details: Remember as much as you can about the stop and arrest and write it down immediately. This information could be crucial for your defense.
Preserve evidence: If you have any receipts, witnesses, or other evidence that could support your case, make sure to preserve it and inform your attorney.
Contact an Attorney: As soon as possible, contact Lance Kennedy Law. The sooner you have legal representation, the better.
Don’t Discuss Your Case: Avoid discussing your case with anyone other than your attorney. Anything you say could potentially be used against you.
Attend all court dates: Missing a court appearance can result in additional charges and complicate your case.
Travis County law enforcement frequently processes DWI arrests at the downtown Austin jail on West 10th Street. Knowing this can help you and your defense attorney prepare for initial hearings in a local setting and manage expectations for the steps that follow. Staying organized with documentation and timelines is especially valuable when working with Austin’s busy court calendars, so you can respond quickly to court communications or requests for information.
Just because the police arrested you for DWI doesn’t mean the court will convict you. By taking the right steps and working with an experienced DWI defense attorney like Lance Kennedy, you can fight the charges and work toward the best possible outcome.
How a DWI Charge Can Affect Your Driving Privileges in Austin
One of the most immediate and disruptive consequences of a DWI charge is the potential loss of your driving privileges. Here’s what you need to know:
Administrative License Revocation (ALR): The state can suspend your license even before it convicts you. If you refuse a breath or blood test or your BAC exceeds the legal limit, the Department of Public Safety can suspend your license administratively.
Occupational License: If the state suspends your license, you may qualify for an occupational license that allows you to drive to work, school, or perform essential household duties.
Ignition Interlock Device: In some cases, you may need to install an ignition interlock device in your vehicle, which requires you to pass a breath test before starting your car.
Long-term Consequences: Multiple DWI convictions can lead to longer suspensions or even permanent revocation of your license.
Administrative hearings for license suspension in Travis County often happen quickly, sometimes within 15 days of your arrest. Missing this tight deadline may result in automatic suspension, so prompt legal help is essential for keeping your driving privileges. Austin’s limited public transportation system makes holding onto your license even more important for getting to work, classes, or meeting family obligations. By understanding these tight deadlines and the impact of restricted mobility in Austin, your DWI lawyer can help you protect your daily life.
Lance Kennedy can help you navigate the ALR process and fight to keep your driving privileges intact.
Why Choose Lance Kennedy PLLC for Your DWI Defense
When facing a DWI charge in Austin, hiring the right attorney is crucial for ensuring the best possible outcome for your case. At Lance Kennedy PLLC, we provide a comprehensive and compassionate approach to every client's situation. Here’s why you should choose us:
Experienced Legal Team: Our attorneys have deep knowledge of Texas DWI laws and a record of successful defenses. We use our legal insights to develop a strong strategy tailored to your unique case.
Personalized Attention: Every client’s circumstances are different. Our team takes the time to listen to your story, answer your questions, and keep you informed throughout the legal process.
Aggressive Representation: We are committed to protecting your rights and will work tirelessly to challenge the evidence against you, aiming to reduce charges or even have them dismissed when possible.
Comprehensive Resources: Lance Kennedy PLLC draws on a network of professionals, including former law enforcement officers and forensic specialists, to strengthen your defense and evaluate critical evidence.
Flexible Payment Plans: Legal issues can arise unexpectedly, which is why we offer flexible payment options to help you access the representation you deserve without added financial stress.
Founder Lance Kennedy brings insight from serving as a former federal prosecutor and Army Judge Advocate, giving our firm a unique perspective on how cases move through Austin’s courts. Our hands-on approach helps us anticipate local trends, including spikes in DWI enforcement during city festivals or special operations near major Austin event venues. Rely on our team to manage the legal complexities that can arise in a dynamic city like Austin.
Why Choose Lance Kennedy Law to Defend You Against DWI Charges
When facing DWI charges in Austin, you need an attorney who understands both sides of the courtroom. Lance Kennedy brings a unique perspective to your defense.
As a former prosecutor, he knows how the other side thinks and operates. He’s successfully tried numerous DWI cases in court, giving him crucial insight into defense strategies that work.
Lance doesn’t just know the law—he knows how to apply it to your benefit. He uses his experience and knowledge to scrutinize every aspect of your case, from the initial stop to chemical tests. His goal is not just to defend you, but to work toward the best possible outcome for your situation.
When you work with a defense lawyer who holds degrees from Southern Methodist University Law School, Harvard University, and the University of Texas at Austin, you benefit from both extensive legal training and strong local roots. Lance Kennedy’s connections with courtroom staff and Austin’s legal community are built on years of trial work at both the state and federal level. When local rules change or city policies are updated, he remains informed to provide up-to-date advice and legal approaches tailored for Austin residents.
When you work with Lance, you’re not just a case number. He understands the stress and uncertainty you’re facing, and he’s committed to guiding you through this challenging time with compassion and dedication. He’ll keep you informed at every step, explain your options clearly, and work tenaciously to protect your rights and future.
Contact an Experienced Austin DWI Lawyer Today
Facing DWI charges in Austin can be overwhelming, but you don’t have to face them alone. With skilled, effective legal representation, you can fight these charges and protect your future. Austin criminal defense attorney Lance Kennedy has the knowledge, experience, and dedication to guide you through this challenging time and work toward the best possible outcome for your case.
Don’t let a DWI charge derail your life. The sooner you act, the more options you may have. Contact Lance Kennedy Law today at (737) 324-7540 for your free, confidential consultation. He’ll review your case and advise you of your options. You can also rely on him for impassioned advocacy, personalized attention, and unwavering support throughout the process.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
