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Austin DWI Lawyer

Reduce your chance of severe punishment by working with an aggressive Austin drunk driving attorney from Tillman Braniff, PLLC.

Many people wrongly assume that, because they have been arrested for a DWI, they’re automatically guilty. There are many ways to defend against a drunk driving conviction, and it’s in your best interest to do so. Driving while intoxicated is a serious conviction, and having a crime like that on your record can impact you for life.

You may automatically lose your drivers license for several months or years, often leading to job loss, as well. You may spend some time in jail, and future job prospects will be in jeopardy, even if the charge is just a misdemeanor. You’ll pay hefty fines, and your DWI could ruin housing, job, and loan applications many years into the future.

You should fight with everything you’ve got because the legal penalties and the lifelong consequences of a DWI conviction are severe. Hire an Austin DWI lawyer who understands the importance of a clean record and will fight alongside you to get your drunk driving case dismissed.

Understanding Texas DWI Laws

In Texas, if you are driving drunk, the technical term is driving while intoxicated. Usually, for adults, this means that you are operating a motor vehicle with a blood alcohol concentration (BAC) above .08. Although there is a “limit,” you can still be charged with a DWI even if you don’t meet that threshold. Doesn’t seem fair, does it?

The reason the law allows for you to be charged with drunk driving even under the legal limit is different people handle alcohol differently. For example, you may have had only one alcoholic beverage and were under the legal limit, but because of the way alcohol affects your body, you were impaired. You may be a danger to others on the road.

So how can you avoid a DWI if you can still be charged when you don’t even meet the legal limit? The best way is to never drive after consuming any alcohol at all. If you’ve been charged with driving while intoxicated in Austin, you can avoid a conviction by fighting the charge. You don’t have to automatically admit guilt or give up.

Penalties for Texas DWIs

The legal penalties for Austin DWIs will depend heavily on your particular case. There are many circumstances that can take a first-time misdemeanor DWI and shoot it up to the felony level, such as driving drunk with a child in the vehicle. The below list is a general idea of the penalties you could be facing if you’re convicted:

  • First-Offense Texas DWI (Misdemeanor) – Up to six months in jail, up to one year with a suspended drivers license, fines up to $2,000, and additional fines and surcharges in order to keep your driver's license
  • Second-Offense Texas DWI (Misdemeanor) – Up to one year in jail, up to two years with a suspended drivers license, fines up to $4,000, and additional fines and surcharges in order to keep your driver's license
  • Third-Offense Texas DWI (Felony) – Between two and ten years in prison, more than two years of drivers license suspension, up to 10,000 in fines, community service, and possible rehabilitation program

Keep in mind that there are many ways in which penalties can be increased, such as injuring someone with your vehicle while intoxicated (intoxication assault).

Other Impacts an Austin DWI Conviction Can Have

For a minor misdemeanor DWI—perhaps a first offense—the penalties may not seem all that severe. Maybe you don’t drive much and don’t mind your license being suspended for a few months, or maybe the fine is no big deal for you.

Be aware that it’s really the long-term consequences that could turn what seems like just a nuisance DWI conviction into a nightmare that never ends. Down the road, your criminal record could influence what kind of job you get, what kind of neighborhood you can live in, and what loans and government programs you qualify for.

Suddenly, that pesky Austin DWI charge has morphed into a monstrosity intent on destroying your life. That’s why it’s so important to fight against a conviction. Fighting the conviction with a lawyer’s help will often lead to the prosecution reducing the charges. Reduced charges will have less severe impacts on your life.

Defenses Against an Austin DWI Charge

Even when you’ve been pulled over, been given a sobriety test, and submitted to a blood or breath test, that still doesn’t make you guilty of a DWI. What makes you guilty is that you either pleaded guilty to an offense or the prosecution has proven beyond a reasonable doubt in a court of law that you were driving while intoxicated.

For your offense to become a conviction, a jury of twelve people must be completely convinced that you were driving drunk and must find you guilty. There are many ways to put reasonable doubt in the minds of the jury. One of those ways is demonstrating that sobriety tests aren’t foolproof.

The following are some of the defenses your attorney can use to fight a conviction:

  • Sobriety Test Issues – There are many ways to challenge sobriety tests. Perhaps you were doing the walk-and-turn test, but you’re naturally clumsy, which led to you tripping.
  • You Weren’t Properly Mirandized – Officers must follow the legal procedures in order for your arrest to be valid.
  • No Cause to Pull You Over – Police officers must have a valid reason for pulling you over, or the traffic stop could be deemed illegal.
  • You Weren’t Drunk – Maybe you weren’t drinking at all, but you might have been taking a legal prescription medication.

Austin DWI FAQ

Your questions can be answered at any time when you call our office, but we have listed a few frequently asked questions below for your convenience.

 

Can minors be charged with a DWI?

Yes, but it’s referred to as a DUI for minors. For drunk driving charge purposes, minors in Texas are those twenty-one years old and younger. They aren’t legally allowed to drive with any alcohol in their systems.

 

What happens if I refuse a chemical test?

Drivers in Texas must give implied consent in order to operate a vehicle. Although it’s your right to refuse a chemical test, the officer can still apply for a warrant to obtain a sample, and you could still be prosecuted for a DWI. Additionally, a refusal can result in an automatic administrative license suspension.

 

Will I have an ignition interlock device?

That is up to the judge who decides your case, but many who are convicted or plead guilty to DWIs in Austin must have an ignition interlock device placed on their vehicles.

 

Call an Austin DWI Attorney

Drunk driving convictions can have a long-lasting impact on your life. The only way to avoid those negative effects is to avoid being convicted altogether. Your best chance of having your case dismissed or your charges dropped or reduced is to work with an attorney who has experience defending against DWI convictions.

Contact an Austin DWI lawyer at Tillman Braniff, PLLC so we can start building your defense right away. We will discuss your case with you and answer all your questions as we proceed. To schedule a free consultation, complete the form below or give us a call at 512-236-0505.

Or call: 512-236-0505 to speak to a lawyer.

I hired Brian Tillman to represent my beloved niece when she got mixed up with drugs, when everyone in the family was saying, “let her go, ie, deal with a court appointed attorney, if it’s meth she’s beyond help, don’t throw your money away”. But I knew Lisa, and knew she could turn her life around.I found the legal fees to be very reasonable, and I deeply appreciated the payment plan. I am very pleased with the outcome. I think her relapse while on probation (after getting detoxed and spending a month at a rehab center in Dallas, sigh)was the best thing that could have happened.A couple weeks in Travis County Jail made her realize that she did not like jail, and never ever wanted to go to jail again.She graduated the SMART program last fall and got a spot in a sober living house, and a job that she really likes and is very good at (refurbishing electronics). She has gotten three raises and two promotions in less than a year. I co-signed on a car loan for her. She celebrated a year’s sobriety in March, and has paid off all her probation fees.She’s happy and healthy, and I firmly believe she would not have been able to accomplish these things without expert legal counsel and advice given by Brian Tillman.Happy Father’s Day, Brian! You’re a good dad and a good father figure to many.I hope you get some good BBQ and beer and relaxing on Sunday.
B McCabe
B McCabe
22:18 19 Jun 20
Did an amazing job on my case. A better word is unbelievable!!!
Perry Hemphill
Perry Hemphill
22:24 04 Nov 19
I've had an extremely rough two years. After the loss of a 14-year-old son, and my mother just over a year later, I felt beat down. Adding to that stress, was some issues that we're looming over me, creating a sense chaos and anxiety to my life that was hard to deal with. I found Brian Tillman through a friend that recommended him to me. I sat down with Brian at his office and felt that for the first time in those two years, someone took the time to not only hear me, but empathize with me regarding my circumstances. The process was long and confusing, it wasn't by our choosing, but Brian was extremely communicative and knowledgeable through the whole process and made sure that I knew everything that was going on. He stayed on top of my case, and after a sometime of dealing with it, both of my cases we're dismissed - which was the outcome that we were expecting. He understood the looming anxiety that I was experiencing and every time I felt frustrated, angry and discouraged, Brian was there with a word of encouragement and a "Hang in there" when I truly needed it. It was good to hear that from my attorney, he helped get me through some pretty rough times. I have zero issues in recommending Brian Tillman as your attorney, he truly cares, he'll do right by you. I can't thank him enough.I would say, I'd definitely use him again, but I sure as hell hope I dont have to, but...if I do, he's definitely my guy.
Aaron Cabrera
Aaron Cabrera
11:57 27 Sep 19
This is a guy you want representing you, in my time of unjust incarceration, Brian stepped in to protect me. He provided information, advice, and made sure to answer all my questions 100% so I was certain of my options. Brian proved me innocent, he saved an innocent young professional from our Justice System, and I 5/5 would recommended him for your defense.
Dustin Popham
Dustin Popham
18:42 25 Jun 19
I couldn’t have asked for better representation. I felt comfortable and confident in Brian’s abilities. Would recommend.
James
James
22:27 05 Feb 19
awesome attorney !!! real easy to communicate with and takes care of business.
Noe Garcia
Noe Garcia
17:23 15 Nov 18
Brian was extremely helpful with handling my case. He is polite and friendly. He seems like he genuinely cares about you. I can't recommend him enough. Thank you Brian for all your hard work.
John Garrett
John Garrett
19:44 01 Nov 18
Brian Tillman was very friendly and informative. I called for advise and possibly to hire him. He answered the first time, called me back when he said he would and gave all the information I was looking for and also gave me great advice. Based on his advise I didn't end up using his firm and with that knowledge he still called me back and emailed me all the information I needed. What a nice helpful guy!Thank you Brian and you can bet I will keep your number around.Charlie
Charles Whilden
Charles Whilden
19:25 06 Dec 17
This guy is the one you befriend at a BBQ and establish true genuine trust with professional care and understanding. I was able to beat my case with the best possible outcome and given my line of work where travels are high, I only had to appear in court once. Brian is reasonably priced and personable,(he maintains contact via his cell phone...seriously this guy will make you feel like your father is lawyer and goes out of his way to get things done. My friend parked his car into someone's living room and Brian was able to get a lot of charges reduced or dropped WITH the possibility of it never showing on record.Don't play around with your life...Hire this guy, he gets it DONE!!!
Ignatius Mwela
Ignatius Mwela
01:17 02 Nov 17
Rhett Braniff was a joy to work with and made the process so simple and straight forward. Couldn't recommend him highly enough!
Mark McEvoy
Mark McEvoy
18:35 31 Oct 17
Rhett Braniff was the right lawyer at the right time. I was impressed with his quick grasp of my situation, knowledge of what I needed to do, and his availability to answer my questions. I felt in good hands. I have found Rhett to be honest and have integrity. I would, without any hesitation, recommend Rhett Braniff.
David Liggett
David Liggett
19:09 24 Jun 17
In the sometimes overwhelming world of the Travis County justice system, Tillman Braniff are able to break down where you stand with your case, as well as what you can expect throughout the long (and sometimes irritating) process.
Christian Long
Christian Long
18:45 03 May 17
He helped me on my case I couldn't be any happier
EJ McCarty
EJ McCarty
17:47 07 Feb 17
Mr. Tillman and his staff were extremely friendly, accommodating, and profesional while still fighting for the best outcome! My case was an open and shut one for the prosecutors, but Mr. Tillman remained cool, calm and collected as we waited out the other side for a better deal. He took the time to get to know me, conveyed who I was to the prosecution, in which got me a lesser charge! If you are someone who is scared out of their mind about going to court, Mr. Tillman will explain everything, and make a bad situation seem winnable. I'm extremely thankful that he stood up for me and helped me navigate these overwhelming waters. If he hadn't, a lot of doors I'm still trying to open would not be opened for me.
Jet Diop
Jet Diop
03:22 15 Nov 16
I was referred to these two rockstar attorneys through a license attorney in Houston, and I have to say that it was by far the best decision I ever made. Brian Tillman and Rhett Braniff are two of the most knowledgeable and compassionate Criminal Defense Attorneys I've ever met. I had actually stumbled across their website and had read various posts on their blogs before getting referred to them, and one of the posts had stood out to me. It was a post about hiring a defense attorney and how important it is that you and the attorney mesh well, so to say. That couldn't be more true. I had found myself in a hellacious predictiment that required the utmost level of care. I had spoken with numerous attorneys before meeting with Brian and Rhett and I learned more from them in my initial consult than I had in all my other conversations combined in regards to the law and what the State of Texas could and could not do. I felt reassured that no matter what, they would have my best interest at heart and that practicing law was more than just a payday for them. I couldn't have been more pleased with the sincerity and compassion they showed me towards my situation. I truly felt like they would fight for me which is what I've needed because at the end of the day and after all is said and done, I'm the one that has to live with the outcome not them. I gained a friend through this process and I'm greatful for the care and attention they showed me and my situation. The only regret I have is that I didn't hire them sooner. I currently live in a different city now and had a friend who had ended up with a Dwi, and after listening to what he has said about the attorney he hired, I wished Tillman Braniff would have been handeling his case cause I'm absolutely sure the outcome would have been very different. I highly recommend contacting their firm if you or anyone you know has any legal issue in Central Texas. It will be the best thing you can do for yourself or loved one.
Cameron Hale
Cameron Hale
18:32 27 Oct 16
Okay. Lawyers have a bad reputation I know. Most often they get hated on because they exploit the fact that we know little about the law and we are in dire straits scared. Most of the time lawyers inflate charges and prolong cases which incurs extra costs for their benefit. However, not Tillman. This guy is upstanding! For our family, we hired him because my son got into some trouble as a teenager a while back and left the state before finishing out the conditions of his dismissal agreement. I know. What an idiot move. Well, years later, the seemingly small case was refiled in family violence court and a warrant had been issued for my son's arrest! (We had no idea and found out when he went to try signing into the military)Of all the lawyers we contacted Tillman was the MOST knowledgeable and charged the LEAST! I know. We were lucky. Anyway, right away Tillman moved on the case and resolved the case with the best possible outcome. We are grateful that Tillman was familiar with the type of case my son had, that he listened to what we needed, and acted in ways that demonstrated he meant to advocate on my son's behalf. For instance, he arranged it so my son didn't have to appear in court which in turn preserved his job, and Tillman kept us abreast of any changes or continuances via text and email and attachments. Now, my son has all but satisfied the conditions and the case will be dismissed soon, for good this time, but Tillman leading us through all the jargon and warning us of the pitfalls really made all the difference. I think he just has good intentions.Real talk. Hire this guy. End of story.
valerie hernandez
valerie hernandez
22:54 16 Sep 16
I would highly recommend Tillman-Braniff. Brian Tillman helped me out a lot when I didn't know how the whole processed worked. He even worked with me on payment and helped me get paperwork long after the case ended.
Daniel Rendon
Daniel Rendon
17:52 19 Jul 16
Brian Tillman is a professional and experienced lawyer. He listens to what you have to say about your case, gives his professional opinion, and also explain the legal terminology In a manner that is easy to comprehend. I would definitely recommend him as your lawyer.
Jazmine
Jazmine
20:42 24 Jun 16
Brian is very professional and very straightforward about your options. He makes you feel comfortable in knowing that you are being represrepresented by someone looking out for your best interest and the best possible outcome for you. I highly recommend Mr.Tillman.
Blake Roth
Blake Roth
01:02 12 Apr 16
Brian was a terrific lawyer, he helped me regarding my domestic violence incident and when I first reached out to him, he immediately made time to talk to me in his busy schedule. He made me feel like I was being understood and he had a clear method to handle my case. He also met me in person early on a Saturday morning and was completely willing to meet based on my schedule. Brian is a lawyer that gets things done in a timely manner. I would highly recommend him to anyone.
Jorge Gallaghar
Jorge Gallaghar
06:08 03 Jun 15
I am so grateful I chose to hire Brian Tillman to handle my cases. Facing criminal charges is undoubtedly extremely challenging, but Brian made me feel quite at ease. He guided me through every step of the process, advised me on possible outcomes, and provided excellent results. While under Brian's counsel, he was able to provide the most desirable outcome beyond what I could have imagined while facing two DWI charges. He made himself available to answer any and all questions I had regarding the legal process and has continued to offer guidance to me during my probational period. Brian made certain my quality of life did not diminish throughout this process. If you are looking for an attorney to not only handle your case with professionalism, but also take your personal goals into consideration while negotiating with the court, I strongly believe Brian Tillman is the attorney for you.
Jaimee Harris
Jaimee Harris
20:22 11 Feb 15
Brian Tillman was incredibly easy to work with. He was very knowledgeable, prompt and accessible. I felt very comfortable talking with him and he was more than willing to spend extra time discussing the different ways we could approach my case. I would highly recommend these guys to anyone I know!
Josh Hanson
Josh Hanson
03:07 17 Aug 12
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