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Drunk Driving Attorney Austin

Facing A Drunk Driving Charge And Wondering What Happens Next

A drunk driving arrest can turn a normal day into a crisis. You may be worried about jail, your driver’s license, and how this will affect your job and family. It can feel like everything is moving fast, and you do not have clear answers.

Even if a breath or blood test seems damaging, you still have rights and options. At Lance Kennedy Law, we defend people accused of drunk driving and other serious criminal offenses across Texas. Our team includes former federal and state prosecutors who now stand on your side, and we are here to help you understand what comes next.

We start by listening to your story, reviewing what happened during the stop, and identifying urgent deadlines, such as license hearings and early court appearances. From there, we work with you to create a plan that addresses both the criminal case and your driving privileges. Our goal is to provide clear guidance so you are not facing this process alone.

Why Drivers Choose Our Firm For Drunk Driving Defense

When you are deciding who should handle your drunk driving case, background and judgment matter. At Lance Kennedy Law, our attorneys bring decades of collective criminal law experience to every file. Our team includes a former Assistant United States Attorney, a former Assistant District Attorney, and other former government lawyers who have handled cases from inside the system and now use that insight to defend individuals.

Two of our attorneys are Board Certified in Criminal Law by the Texas Board of Legal Specialization. Board Certification reflects substantial involvement in criminal cases, testing, and peer review. For someone facing a drunk driving charge, that level of focus means your case is evaluated by lawyers who routinely handle complex criminal matters in courts across the state.

We have tried hundreds of jury trials in state and federal courts and handled thousands of criminal cases. Prosecutors recognize when a defense team is prepared to take a case all the way to trial, and that can influence how negotiations unfold. We prepare your case with that trial mindset from the beginning, whether the objective is a dismissal, a reduction, or presenting your defense to a jury.

We also understand that a criminal charge affects every part of your life. Our team works to reduce unnecessary court appearances when possible, streamline communication, and offer payment plans so you can focus on your family and work while we manage the legal details. Throughout the process, we provide straightforward counsel about risks, options, and likely paths forward.

How We Analyze Your Drunk Driving Arrest

Every drunk driving case is built on a series of decisions by law enforcement. Our job is to examine each decision carefully. We begin with the first contact between you and the officer, because that is often where key legal issues arise.

Reviewing The Initial Stop

In many situations, a case starts with a traffic stop, such as an alleged lane violation, speeding, or a light that is out. We look at whether the officer had reasonable suspicion or probable cause to pull you over in the first place. We also see whether the officer followed department policies and the law when initiating and carrying out the stop. If the stop is not supported by the law, that can affect the evidence that follows.

Not every case involves a moving vehicle. Sometimes officers encounter a parked car or someone who has walked away from their vehicle. We adjust our analysis for those situations and evaluate whether law enforcement respected your constitutional rights in making contact and deciding to investigate for intoxication. Each scenario requires a tailored legal assessment instead of a one size fits all approach.

Evaluating Tests & Other Evidence

After examining the stop, we turn to the field sobriety assessments and any breath or blood tests. Field evaluations are influenced by factors such as lighting, weather, footwear, and road surface. We review reports and video to see how the tests were explained and performed, and whether any medical or physical issues could have affected the results.

With chemical tests, we scrutinize how samples were collected, how equipment was maintained, and how the chain of custody was handled. Throughout this review, we apply our prosecutorial perspective. We ask how the government is likely to present the case, which arguments a judge or jury will hear, and where the record shows gaps or inconsistencies. That perspective helps us identify motions to file, questions to raise, and strategies for challenging the prosecution’s narrative.

Consequences Of A Drunk Driving Conviction & What Is At Stake

A drunk driving conviction can reach far beyond a fine or a short period of supervision. The criminal penalties themselves can include potential jail time, probation terms with strict conditions, mandatory alcohol education, community service, and orders to install an ignition interlock device. The exact range depends on factors like your prior record, any alleged accidents or injuries, and the level of alcohol or substances involved.

Your driver’s license is also at risk. In many cases, a separate administrative process can result in a suspension even before the criminal case ends. A conviction can lead to additional suspension periods and long term consequences if you have prior alcohol related driving offenses. For many clients, the ability to drive is directly tied to keeping a job, caring for children, and meeting daily obligations.

There are also collateral consequences. A drunk driving conviction appears on background checks and can affect professional licenses, security clearances, and applications for housing or education programs. Insurance premiums often increase, and some employers have policies that limit continued employment after certain criminal convictions.

When we evaluate a case, we consider both immediate penalties and long term effects:

  • Impact on your criminal record and background checks
  • Possible effects on current and future employment
  • Professional and occupational licensing concerns
  • Financial strain from fines, fees, and insurance increases

Because the stakes are significant, early and informed legal advice is critical. Our Board Certified criminal defense attorneys and former prosecutors work to identify options that may reduce penalties, protect your record where possible, and position you to move forward after the case ends. While no defense lawyer can promise a specific result, we can provide a clear explanation of the issues in your case and the potential impact of each path you may consider.

Our Step By Step Approach To Protecting Your Future

When you contact our firm about a drunk driving charge, we focus first on urgent deadlines and immediate concerns. During the initial consultation, we gather information about the stop, any tests, prior history, and your current work and family obligations. We explain upcoming court dates, possible administrative license hearings, and what you can expect at each stage.

Investigating Your Case

Next, we obtain and review the evidence. That may include police reports, videos, lab records, and prior driving history. We compare what is written in the reports to what appears on any recordings and to your account of events. This is where we often identify issues that may not have been apparent at the time of arrest, such as missing observations, incomplete instructions, or gaps in the documentation.

Advising You On Options

After evaluating the evidence, we discuss your options. In some cases, it may make sense to file motions that challenge the legality of the stop, the way tests were given, or the admissibility of certain statements or results. In others, negotiation with the prosecution may offer a chance to reduce charges or potential punishment. Because our attorneys have handled many jury trials, we are always considering how a judge or jury might respond to the facts, and we prepare accordingly.

Managing The Process & Communication

Throughout the case, we work to limit disruption to your life as much as the court system allows. That can include seeking to resolve certain settings without your appearance when the rules permit, helping you prepare for any testimony or court dates, and keeping you informed so there are no surprises. We also offer payment plans, because we know that financial strain should not prevent you from having an experienced criminal defense team in your corner.

What To Do After A Drunk Driving Arrest

What you do in the days after a drunk driving arrest can affect your case and your driving privileges. There are often short deadlines to request administrative hearings or challenge license suspensions. Missing those deadlines can limit options, so acting quickly is important.

Steps you can take right away include:

  • Writing down everything you remember about the stop, arrest, and any tests
  • Collecting documents you received, such as citations and bond paperwork
  • Avoiding discussions about your case with anyone other than your legal team
  • Preserving any potential evidence, such as receipts or contact information for witnesses

As soon as you can, contact our firm so we can begin protecting your rights. We can help you understand the paperwork, identify critical deadlines, and start requesting evidence. By getting involved early, we are better positioned to preserve information, address license issues, and build a defense strategy that reflects your specific circumstances.

Frequently Asked Questions

How quickly do I need to act after a drunk driving arrest?

You should act as soon as possible after a drunk driving arrest. In many cases, there are short time frames to request an administrative hearing related to your driver’s license, and courts may schedule first appearances within a few weeks. Waiting can limit your options and make it harder to address license issues before a suspension takes effect. When you contact our team promptly, we can review your paperwork, explain upcoming dates, and take steps to protect both your record and your ability to drive.

Can you help me if my breath or blood test was over the limit?

We regularly review cases where a breath or blood test appears to be over the legal limit, and those cases can still present meaningful defense issues. Chemical tests depend on proper procedures, accurate equipment, and correct handling of samples. We examine factors such as how the test was administered, how the device was maintained, the timing of the sample, and how the chain of custody was documented. Our attorneys use their prosecutorial background to evaluate how the state is likely to present this evidence and to identify ways to question or limit its impact where the facts support that approach.

Will I lose my license because of this drunk driving charge?

A drunk driving arrest can trigger both administrative and criminal processes that affect your license. Many clients face an administrative suspension if they refused testing or if a test result is above a certain level, and that process often starts before the criminal case finishes. Depending on the circumstances, you may be able to request a hearing to contest the suspension or seek limited driving privileges so you can travel to work, school, and essential appointments. We help you understand which options may be available in your situation and work to protect your ability to drive as much as the law allows.

How will your background as former prosecutors help in my drunk driving case?

Our experience as former federal and state prosecutors allows us to see your case from both sides. We understand how law enforcement is trained to conduct stops and investigations, what prosecutors look for when deciding how to charge a case, and which issues tend to be most persuasive in court. When we review your file, we ask the same questions a prosecutor or judge is likely to ask, and we use that insight to challenge weak points and develop a strategy that fits your facts. Combined with Board Certified criminal defense leadership and extensive trial work, this background helps us make informed recommendations about negotiations, motions, and trial.

What will working with your firm look like day to day?

When you work with our firm, we aim to provide clear communication and steady guidance from start to finish. After the initial consultation, we outline the next steps, including any hearings or court dates, and explain what preparation is needed for each. We keep you updated as we obtain police reports, videos, and lab records, and we review our findings with you so you understand the strengths and challenges in your case. Our team works to handle as much of the court process as the rules permit, and we are available to answer questions as they arise so you are not left guessing about what comes next.

Do you offer payment plans for drunk driving defense cases?

Yes, we offer payment plans for many drunk driving cases. We know that an arrest is rarely something people have planned for, and legal fees can feel overwhelming on top of everyday expenses. During your consultation, we can discuss payment options that reflect the complexity of your case and your financial situation. Our goal is to help you secure experienced criminal defense representation when you need it most, without adding unnecessary financial pressure.

Talk With Our Team About Your Drunk Driving Case

A drunk driving arrest is serious, but it does not have to define the rest of your life. With a clear understanding of the law, a thorough review of the stop and evidence, and a defense strategy shaped by former prosecutors and Board Certified criminal defense attorneys, you can take informed steps to protect your future.

At Lance Kennedy Law, we focus exclusively on criminal defense in Texas and bring extensive trial experience to every case we handle. We start by examining how and why you were stopped, how any tests were conducted, and what is truly in the record, then we work with you to pursue the best available path. We also offer payment plans and work to reduce unnecessary court appearances when possible, so you can address this case while continuing to meet your daily responsibilities.

To discuss your situation with a drunk driving attorney Austin and learn how our team can help, contact us today at (737) 324-7540or reach out through our online form for a confidential consultation.

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Trusted by those who needed us most

    I appreciate his compassion and proactive strategy that got my son the best possible outcome.
    “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”
    - Bri J.

    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.

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    Frequently asked questions

    • Yes, but that refusal can lead to automatic license suspension under Texas’s implied consent laws.
    • Not necessarily. Lance can help you fight license suspension through the ALR process.
    • Potentially. Depending on the circumstances of your case, Lance may be able to negotiate for reduced charges or even dismissal.
    • In Texas, a DWI conviction typically stays on your record permanently unless you’re eligible for expungement or sealing.
    • You may be eligible for an occupational license that allows limited driving for essential purposes.
    • Out-of-state DWIs can be complex. Lance can help you navigate both Texas law and potential consequences in your home state.

    Working With us is Easy

    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.

    1. 1
      Get a Free Case Review
      Let’s discuss your case, your goals, and what strategies are right for you.
    2. 2
      Resolve Your Case
      I will lead you every step of the way. Together, we will fight for a dismissal.
    3. 3
      Get Your Life Back
      Work to get the best results possible so you can get your life back.

    Setup a free Case Review

    Our Promise to You

    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.

    • We’ll go to work immediately on your case.
    • We’ll be honest with you.
    • We’ll answer your questions.
    • We’ll keep you informed and up-to-date.
    • We’ll go the extra mile.
    • We’ll advocate for you at every turn.