Downtown Austin DWI Lawyer

Downtown Austin DWI Attorney

If you’re facing DUI (driving under the influence) or DWI (driving while intoxicated) charges in Austin, Texas, you may be worried about the long-term consequences. If this is your first offense, or you’ve been convicted of a prior offense, you need sound legal advice. A downtown Austin DWI lawyer can help.

With over 13 years of experience representing the residents of Austin and the surrounding area, Andrew Rountree is dedicated to serving his clients with integrity and compassion. Our proven history of favorable outcomes will give you the confidence to face every stage of your DUI/DWI defense. At Rountree Law Firm, your future is in good hands.

DUI vs DWI: What’s the Difference?

In Texas, a DUI or DWI violation is defined as operating a motor vehicle while intoxicated and under the influence of drugs or alcohol. The difference in charges can depend on the age of the defendant and the amount of alcohol present in their system.

Anyone of any age who drives under the influence and either blows over 0.08 in BAC (blood alcohol content) or shows visible or cognitive impairment due to the ingestion of alcohol or drugs can be charged with a DWI. Anyone 21 or under can be charged with a DUI if they have any amount of alcohol in their system, even if they show no signs of impairment.

It’s a dangerous oversimplification to assume that being under the age of 21 offers legal protection from being charged with a DWI. If you fail a breathalyzer test, you can still be charged with a full DWI even if you are a minor.

New Laws and Penalties for DWI and DUI Incidents in Texas

According to MADD, someone is killed or injured in a DUI/DWI-related incident every 89 seconds in America. In 2026, Texas revised its statutes around DUI and DWI offenses, making the penalties harsher and stricter as a way to mitigate the prevalence of drinking and driving accidents.

Drinking and driving violations are extremely common in Austin, due to our robust nightlife scene. In 2025, there were over 4,000 DWI/DUI charges in Travis County. Some of the new factors influencing DUI/DWI charges include:

• Tougher sentencing and consequences for first-time offenders. While a first-offense DWI used to carry misdemeanor charges, a higher BAC or other aggravating factors can now result in a felony, carrying more risk of jail time, hefty fines, and mandatory restrictions.
• Stricter ignition lock policies. Even first-time offenders may be required to install an IID (ignition interlock device) with a breathalyzer to operate a vehicle.
• Expanded law enforcement authority. Police officers may now administer a blood test with an expedited warrant if you refuse to perform a breathalyzer test.

A DUI or DWI is not a minor issue. A misdemeanor or felony record can impact your ability to work, find housing, or retain your civil rights, including your Second Amendment right to own a firearm. Still, even though the stakes are higher than ever in Texas, a DUI or DWI need not be the end of the world. Legal representation is necessary to protect your rights and provide a fair trial.

How a Downtown Austin DUI Attorney Can Help

Following your arrest, it’s essential to contact a qualified, knowledgeable DUI/DWI lawyer as soon as possible. There may be elements of your arrest that require thorough investigation to create a strong defense strategy that increases your chances of a dismissal or a downgrade of charges.

Breaches in police protocol, rights violations around arrest, and improper administration of chemical tests can increase the chances of a case dismissal or reduced charges. There were 115 case dismissals in Travis County in 2025.

While you may feel overwhelmed at the thought of facing your DWI hearing and a courtroom trial, at Rountree Law Firm, we educate our clients, prepare them for the process of law, and advocate on their behalf to negotiate for reduced charges and sentencing, including alternative and specialty sentencing programs like the Travis County DWI court, which focuses on rehabilitation and treatment to prevent further violations.

When you hire a DWI lawyer from Rountree Law Firm, you can rest assured that we advocate on your behalf.

FAQs

Q: Is a DWI a Felony Now in Texas in 2026?

A: A DWI has always had the potential to be charged as a felony with aggravating factors in Texas, but in 2026, the felony threshold for first-time offenses was narrowed. If you have a high BAC, are involved in an accident, or a minor is in the vehicle with you when you were drinking and driving, you may face felony charges, even with no prior criminal record.

Q: How Many Beers Can You Drink Without Getting a DUI in Texas?

A: If you are a minor under the age of 21, you are not allowed to drink alcohol under any circumstances. If you are pulled over, any amount of alcohol detected will result in a DUI, even if you pass a breathalyzer test, pass a field sobriety test, or show no visible signs of impairment.

Q: How Much Jail Time for the First DWI in Texas?

A: If this is your first offense, you may face jail time from three days to 180 days for a class B misdemeanor, and more time is possible if your first DWI is classed as a felony. Jail time is a possibility for any DWI, and aggravating factors can increase the potential for jail time and other penalties.

Q: Is DWI Worse Than DUI in Texas?

A: A DWI carries harsher penalties and more consequences for the future. DUIs only apply to minors under the age of 21, regardless of their level of impairment. Texas has a zero-tolerance policy for underage drinking, making DUI charges prevalent for minors who drive under the influence. While a DWI is worse due to the sentencing requirements, a DUI still carries serious impacts.

Experienced Legal Help You Can Trust

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Facing DUI or DWI Charges? Hire a DWI Lawyer You Can Trust

Andrew Rountree knows Texas DUI and DWI law. With over a decade of experience working as a former prosecutor, he is well-acquainted with both sides of the criminal justice system, giving him a unique perspective on the legal process. If you or your college-aged child is facing a DUI or DWI conviction, contact us today to schedule your consultation.