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Charged with a DWI in Austin, Texas: Critical Timelines and Constitutional Defenses

David Park
David Park

Senior Associate, Trial Counsel

January 15, 2026
5 min read
Charged with a DWI in Austin, Texas: Critical Timelines and Constitutional Defenses

A Driving While Intoxicated (DWI) arrest in Travis or Williamson County is not merely a traffic citation—it is a criminal misdemeanor or felony charge carrying mandatory driver's license suspension, thousands of dollars in statutory surcharges, and potential incarceration.

The 15-Day Administrative License Revocation (ALR) Trap

From the exact calendar day of your arrest, you have precisely 15 days to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS).

If you fail to submit this formal legal request, your Texas driver's license will be automatically suspended on the 40th day after notice was served.

Key Strategic Takeaway

  • An ALR hearing provides our defense attorneys the invaluable opportunity to cross-examine the arresting officer under oath prior to criminal court hearings.

Attacking Field Sobriety and Chemical Testing

Standardized Field Sobriety Tests (SFSTs) must adhere to rigorous National Highway Traffic Safety Administration (NHTSA) protocols. Uneven pavement, footwear, and anxiety often render test results scientifically inaccurate.

Similarly, breathalyzers (Intoxilyzer 9000) and hospital blood draws are subject to strict maintenance logs and chain-of-custody rules. Any lapse can result in total suppression of chemical evidence.

“A DWI charge is an allegation, not a conviction. Immediate intervention by trial counsel protects your freedom and record.”
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Facing a Similar Situation in Texas?

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David Park

Written by David Park

View Attorney Profile →

Senior Associate, Trial Counsel at Sterling & Associates

Advising Texas corporations, high-net-worth families, and plaintiffs across Travis County and statewide federal jurisdictions.

Disclaimer: This article is provided for general informational purposes only and does not constitute formal legal advice or create an attorney-client relationship.

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