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Based on 23 reviews

Difference Between DUI and DWI in Austin

Being arrested and charged with drunk driving is a risk drivers take when drinking alcohol and getting behind the wheel of a motor vehicle. With Texas’ tough drinking and driving laws, getting arrested after having only one or two drinks happens every day in Austin and can lead to serious consequences.

Many view driving under the influence (DUI) and driving while intoxicated (DWI) as synonymous. While this is accurate in some states, in Texas, DUI and DWI have two distinct legal meanings based on age.

The difference between DUI and DWI in Austin is that DUI refers to individuals under the age of twenty-one having any detectable amount of alcohol in their system, while DWI refers to those twenty-one and older who have a blood alcohol content (BAC) of .08 percent.

 

Difference Between DUI and DWI Penalties in Austin

Texas has a zero-tolerance policy for minors when it comes to drinking and driving. Under Texas Code Sec. 106.04, if a driver is under twenty-one years of age, driving with any traceable amount of alcohol in his or her system is illegal. Furthermore, a minor under the age of twenty-one can still be charged with a DWI if the driver has a BAC of .08 or higher.

In Austin, serious consequences can result due to a conviction of DUI or DWI, including jail time, large fines, and the formation of a criminal record—all of which can have a tremendous impact on a person’s life. However, there are differences in the severity of the penalties imposed for a DUI versus a DWI. For a DUI, the consequences are not as harsh, but nonetheless, will affect a person’s well-being.

 

Legal Penalties for DUI and DWI

A minor under twenty-one years of age pulled over for drinking and driving may incur the following for DUI:

  • A fine of up to $500
  • A sixty-day suspension of your driver’s license
  • Twenty to forty hours’ worth of community service
  • Involuntary attendance for alcohol-awareness classes

A first time DWI offender, including a minor under twenty-one years old with a BAC of .08 percent and higher, may receive several penalties:

  • A jail sentence of between three and 180 days
  • A fine of up to $2,000
  • Up to a one-year drivers-license suspension
  • To retain your driver’s license, you will need to pay an annual surcharge of $1,000 to $2,000 for three years

For an Austin DUI and DWI, the penalties become more severe for second and third offenses, often resulting in more jail time, higher fines, and a longer driver’s license suspension.

 

How an Austin DUI and DWI Lawyer Can Help

If you have any questions regarding DUI or DWI laws in Austin, the attorneys of Tillman Braniff will help you both understand and protect your rights. It is important to have the support of a trustworthy and reputable DUI and DWI lawyer dedicated to both you and your case.

At Tillman Braniff, we have a proven track record of successfully representing DUI and DWI cases. We will work diligently to fight and challenge the charges against you in order to achieve the most favorable possible outcome for your case. Call 512-236-0505 to talk with a lawyer today, or complete our online form at the bottom of this page to have someone contact you.

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

Brian Tillman is legit I would hire him again.
Slowbalt
Slowbalt
05:30 22 Oct 20
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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