Austin Alcohol Offense Lawyers

An alcohol offense charge in Texas can alter the course of your life instantly. One moment you are driving home, and the next you are standing on the side of the road watching your future hang in the balance. The fear, the confusion, and the uncertainty about what comes next are all completely normal reactions to an overwhelming situation.

You are not defined by this moment, as law enforcement makes mistakes. Thousands of people across Texas face alcohol-related charges every year, and many of our clients walk away with far better outcomes than they initially expected. CMK Defense, PLLC is here to help you through every stage of this process. Call us at (512) 375-3303 to get in touch with our Austin alcohol offense lawyers and start building a path forward today.

Why Choose CMK Defense, PLLC for Your Alcohol Related Charge?

Our defense attorneys bring more than three decades of combined courtroom practice to every case involving misdemeanor and serious felony charges. We made a deliberate choice early on to limit our caseload because we refuse to shuffle people through a system that treats them like numbers.

Fewer cases means we invest more hours into investigation, develop sharper strategies, and provide each client with the personal attention their situation demands. Everything we do is rooted in thoughtful strategy, genuine empathy, and a deep commitment to protecting individual rights. We handle all cases with one guiding belief: everyone deserves a strong defense and a real second chance.

Alcohol Offenses in Texas

Texas law involves many alcohol-related violations beyond just driving while intoxicated. The state treats each offense with significant weight:

• Driving While Intoxicated (DWI)
• DWI with a Blood Alcohol Concentration (BAC) of 0.15 or Higher
• DWI with a Child Passenger
• Intoxication Assault
• Intoxication Manslaughter
• Driving Under the Influence (DUI)
• Minor in Possession (MIP)
• Public Intoxication
• Open Container Violations

Potential Penalties for an Alcohol Offense in Texas

Texas takes alcohol offenses seriously. Under Texas Penal Code § 49.04, DWI is a Class B misdemeanor for a first offense. However, penalties escalate quickly with prior convictions or aggravating factors:

• First DWI (Class B Misdemeanor): Probation or up to 180 days in jail, fines up to $2,000, and a license suspension of up to one year.
• Second DWI (Class A Misdemeanor): Up to one year in jail, fines reaching $4,000, and a license suspension of up to two years.
• Third DWI (Third-Degree Felony): Between two and ten years in state prison, fines up to $10,000, and a license suspension of up to two years.
• DWI with a Child Passenger (State Jail Felony): Between 180 days and two years in state jail and fines up to $10,000, regardless of whether it is your first offense.
• Driving Under the Influence (DUI): Applies to minors under 21 years of age with any detectable amount of alcohol. However, a minor with a BAC of 0.08 or higher can still be charged with standard DWI rather than DUI. The first offense is generally a Class C misdemeanor, resulting in up to $500 in fines and a license suspension.
• Intoxicated Assault (Third-Degree Felony): Two to ten years in prison and fines up to $10,000 when intoxicated driving causes serious bodily injury.
• Intoxication Manslaughter (Second-Degree Felony): Two to twenty years in prison and fines up to $10,000 when impaired driving results in another person’s death.

Proven Defense Strategies Against Austin Alcohol Offense Charges

A strong defense starts with examining every detail of your arrest, from the initial reason for the stop to the way officers handled evidence collection. No two cases look alike, and the right approach depends entirely on the facts surrounding your situation.

Challenging the Initial Traffic Stop

Law enforcement must have reasonable suspicion to pull you over. If the officer lacked a valid legal reason for the stop, our defense attorneys can file a motion to suppress all evidence gathered afterward, potentially dismantling the prosecution’s entire case.

Disputing Evidence

Chemical tests are not infallible, and the machines used to collect results require strict maintenance and calibration protocols. When those standards slip, the results become unreliable and subject to challenge.

Contesting Field Sobriety Tests (FSTs)

Field sobriety tests are subjective by nature and depend heavily on an officer’s interpretation of your performance. Factors like uneven pavement, poor lighting, uncomfortable footwear, or simple nervousness can all cause a sober person to appear impaired during these roadside evaluations.

Medical Conditions and External Factors

Certain health conditions can mimic the signs of intoxication and produce misleading test results that have nothing to do with alcohol consumption. Our Austin alcohol offense lawyers investigate whether conditions such as GERD, diabetes, neurological conditions, or sleep disorders played a role.

Challenging Officer Testimony or Procedures

Officers must follow specific protocols during every stage of a DWI investigation, and deviations from those procedures can weaken the prosecution’s case. Our defense team scrutinizes the following areas:

• Whether the officer followed proper arrest procedures
• Accuracy and completeness of the police report
• Dashcam or bodycam footage that contradicts the officer’s account
• Whether Miranda rights were properly administered prior to interrogation
• Compliance with departmental training standards

Rising Blood Alcohol Defense

Your blood alcohol concentration does not peak the moment you take your last drink. Under Texas Transportation Code § 724.064, the state must prove you were intoxicated at the time of driving, not at the time of testing.

If a significant delay occurred between the traffic stop and the chemical test, your BAC may have still been rising and could have been below the legal limit when you were actually behind the wheel.

FAQ: What to Know After an Alcohol Offense Arrest

Can I Refuse a Breathalyzer?

Texas operates under an implied consent law, which means you technically agreed to chemical testing when you obtained your driver’s license. Refusing a breathalyzer triggers an automatic license suspension of 180 days for a first refusal, and prosecutors can still use that refusal as evidence against you at trial. However, you are entitled to an administrative license suspension hearing (ALR hearing). It is highly advantageous to request this hearing, but there is a very limited period of time after the arrest to do so. Part of your defense with CMK will include defending you at the ALR, as long as you retain us before the request period expires.

Can I Refuse Field Sobriety Tests in Texas?

Unlike chemical tests, field sobriety tests are not covered by the implied consent law, and you have the right to decline them without facing automatic penalties. However, officers may still arrest you based on other observations, and your refusal could come up during trial proceedings.

Contact an Austin Alcohol Offense Lawyer

Every day that passes without legal representation is a day the prosecution uses to build its case against you. Do not give them that advantage. Call CMK Defense, PLLC at (512) 375-3303 right now to get in touch with our Austin alcohol offense lawyers and take the first step toward protecting your future, your freedom, and your reputation.