Austin DWI Attorney.
Former Prosecutor. Real Experience.
A DWI arrest in Texas sets two separate legal clocks running simultaneously — your criminal case and your driver’s license. Richard Gentry spent years prosecuting DWI cases in Travis County, which means he knows exactly how they’re built and exactly where to challenge them.
What is DWI in Texas?
Under Texas Penal Code § 49.04, Driving While Intoxicated (DWI) occurs when a person operates a motor vehicle in a public place while intoxicated — defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or while not having normal use of mental or physical faculties due to alcohol, a controlled substance, or any combination. A first offense is a Class B misdemeanor. Repeat offenses and aggravating factors escalate charges significantly.
Understanding Your Case
A DWI Arrest Is Not a Conviction, But You Must Act Quickly
Richard Gentry spent two years as a Travis County Prosecutor with a significant focus on DWI cases. He understands the evidence the State relies on, the weaknesses in field sobriety testing, the limitations of breathalyzer equipment, and the procedural requirements law enforcement must follow — because he used all of it from the other side of the courtroom.
That insider perspective translates directly to your defense. Most DWI cases have more room to fight than defendants realize. The stop has to be lawful. The field sobriety tests have to be administered correctly. The breathalyzer has to be calibrated and operated properly. The officer has to follow the rules. When any of those elements break down, your case changes.
The ALR Hearing: Your License Is a Separate Fight
Most people don’t realize that a DWI arrest in Texas triggers two completely separate proceedings. The criminal case is one. The Administrative License Revocation (ALR) hearing is the other, and it runs on its own timeline. It is governed by the Texas Department of Public Safety, completely independent of your criminal case.
If you refused a breathalyzer or blood test, or if your test result was 0.08% or above, DPS will automatically suspend your license, unless you request an ALR hearing within 15 days of your arrest. Miss that window, and your right to contest the suspension is gone. It doesn’t matter what happens in your criminal case.
Charged with DWI in Austin?
The 15-day ALR deadline starts at arrest. Don’t wait! Richard reviews every inquiry personally and responds within one business hour.
512-499-0007
Former Travis County Prosecutor
10+ Years Federal Court Experience
State & Federal Drug Defense
Austin Monthly Top Attorney '24 - '26
24 / 7 Availability for Urgent Cases
Why Richard for DWI Cases?
Prosecuted DWI cases. He spent years building these cases — now he takes them apart.
ALR experience. He handles both the criminal charge and the license suspension fight simultaneously.
Knows the evidence. Field sobriety tests, breathalyzer calibration, blood chain of custody, he knows where they break down.
Personal attention. Your case gets Richard — not a junior associate or a paralegal.
How the State Builds a DWI Case
Prosecutors rely on a combination of officer observations, field sobriety test results, and chemical test evidence — breathalyzer or blood draw. As a former prosecutor who handled these cases extensively, Richard knows exactly what DPS requires officers to do, how field sobriety tests are designed to be administered, and when the evidence collected falls short of that standard.
Common vulnerabilities in DWI cases include: the legality of the initial traffic stop, the officer’s training and administration of field sobriety tests, the maintenance and calibration records of the breathalyzer device, the chain of custody on blood samples, and whether proper warnings were given before any chemical test was requested.
“With much of my time as a prosecutor concentrating on DWI cases, I offer insight into how these cases are built, and how to take them apart.”
— Richard Gentry, Austin Criminal Defense Attorney
DWI Penalties in Texas
| Offense | Classification | Jail / Prison | Fine | License |
|---|---|---|---|---|
| First DWI | Class B Misdemeanor | 72 hrs – 180 days | Up to $2,000 | 90 days – 1 year |
| First DWI (BAC ≥ 0.15) | Class A Misdemeanor | Up to 1 year | Up to $4,000 | 90 days – 1 year |
| Second DWI | Class A Misdemeanor | 30 days – 1 year | Up to $4,000 | 180 days – 2 years |
| Third DWI | Third-Degree Felony | 2 – 10 years | Up to $10,000 | 180 days – 2 years |
| DWI with Child Passenger | State Jail Felony | 180 days – 2 years | Up to $10,000 | 180 days – 2 years |
| Intoxication Assault | Third-Degree Felony | 2 – 10 years | Up to $10,000 | 90 days – 1 year |
| Intoxication Manslaughter | Second-Degree Felony | 2 – 20 years | Up to $10,000 | 180 days – 2 years |
Defense Strategies
How We Challenge
DWI Charges
Challenge the Traffic Stop
Police must have reasonable suspicion to pull you over. If the stop was unlawful, everything that followed, including any test results may be suppressed.
Attack Field Sobriety Tests
FSTs are highly subjective and easily affected by medical conditions, footwear, lighting, and uneven pavement. Improper administration by officers can invalidate results entirely.
Blood Draw Scrutiny
Blood samples must follow strict chain-of-custody protocols. Improper storage, handling, or testing procedures can render results inadmissible.
Medical & Physiological Factors
Certain medical conditions like GERD, diabetes & neurological issues, can produce false breathalyzer readings or mimic signs of intoxication in field testing.
Fourth & Fifth Amendment Defense
Unlawful searches, failure to advise of rights, or coerced statements can all form the basis of a constitutional challenge to the State’s case.
Challenge Breathalyzer Evidence
Breathalyzer devices require regular calibration and proper operation. Maintenance records, operator certification, and test conditions are all grounds for challenge.
Charges We Defend
First Offense DWI
Second & Third Offense DWI
DWI with High BAC (0.15+)
DWI with Child Passenger
DUI (Under 21)
Boating While Intoxicated (BWI)
Intoxication Assault
Intoxication Manslaughter
ALR License Suspension Hearings
DWI — Drug Intoxication
Related Practice Areas
Drug Charges
Co-occurring charges in many domestic cases
Assault & Family Violence
Frequently overlapping or related allegations
DWI Defense
Often charged alongside assault after an incident
Free Case Evaluation
Ready to Talk About
Your Case?
Every case starts with a conversation. Richard personally reviews every inquiry and responds within one business hour. There's no obligation, just honest answers.
What Clients Say
★★★★★
Google Reviews
Learn More
Frequently Asked Questions
What is an ALR hearing and why does it matter?
+
An ALR (Administrative License Revocation) hearing is a separate civil proceeding before the Texas Department of Public Safety that determines whether your driver's license will be suspended following a DWI arrest. You must request this hearing within 15 days of your arrest or you automatically lose your right to contest the suspension. The ALR hearing is completely independent of your criminal case — winning or losing one has no direct effect on the other.
Should I refuse a breathalyzer or blood test if pulled over for DWI?
+
This is one of the most common DWI questions — and there's no single right answer. Refusing a breathalyzer avoids giving the State a BAC number to use against you, but Texas's implied consent law means a refusal triggers an automatic license suspension and the refusal itself can be used as evidence of guilt. A blood test can sometimes be compelled by warrant. Whether refusing helped or hurt depends heavily on the facts of your specific case — which is exactly why calling an attorney immediately after a DWI arrest is critical.
Can a first-offense DWI be expunged in Texas?
+
A DWI conviction in Texas generally cannot be expunged. However, if your case is dismissed, you are acquitted at trial, or you complete deferred adjudication — where available — you may qualify for expunction or non-disclosure. This is one of the strongest reasons to fight a DWI charge rather than accept a plea: a conviction stays on your record permanently, while a dismissal or acquittal opens the door to clearing it.
What happens to my driver's license after a DWI arrest in Texas?
+
At the time of your arrest, if you failed or refused a chemical test, the officer will confiscate your physical license and issue a temporary driving permit valid for 40 days. Your license will then be automatically suspended unless you request an ALR hearing within 15 days. If you win the ALR hearing, the suspension is prevented. If you lose — or don't request the hearing — your license is suspended for a period ranging from 90 days to two years depending on the circumstances.
Do I need a lawyer for a first-offense DWI in Texas?
+
Yes, and the sooner the better. A first DWI conviction carries jail time, fines, license suspension, an annual surcharge of up to $2,000 for three years just to keep your license, and a permanent criminal record. Beyond that, the 15-day ALR deadline means the clock is already running. Many first-offense DWI cases have viable defenses that a skilled attorney can identify and pursue — but only if they're involved from the start.
What is the difference between DUI and DWI in Texas?
+
In Texas, DWI (Driving While Intoxicated) applies to adults operating a vehicle with a BAC of 0.08% or higher, or while impaired by any substance. DUI (Driving Under the Influence) is a separate, lesser charge that applies specifically to minors — anyone under 21 — who operates a vehicle with any detectable amount of alcohol in their system, even below 0.08%. DUI is a Class C misdemeanor but still carries license suspension and a permanent record.