DWI Defense

If you have been charged with a DWI in the Austin area, Rivera Law understands how overwhelming the process can be and how important it is to act quickly. As a former prosecutor, Attorney Karina Rivera brings valuable insight into how DWI cases are built and prosecuted in Texas. Now dedicated to criminal defense, she uses that knowledge to fight for clients facing misdemeanor and felony DWI charges. Rivera Law takes a strategic, results-driven approach to every case, working to protect clients’ rights, challenge flawed evidence, and pursue the best possible outcome.

First-Time DWI Offense (Class B Misdemeanor)

  • A first DWI charge in Texas is typically classified as a Class B misdemeanor. If convicted, you could face up to 180 days in jail and a fine of up to $2,000. In many cases, probation may be available, depending on the circumstances. However, the penalties increase if certain aggravating factors are present—such as having an open alcohol container in the vehicle or a blood alcohol concentration (BAC) of 0.15 or higher. Either scenario can elevate the offense to a Class A misdemeanor.

Second DWI Offense (Class A Misdemeanor)

  • A second DWI is more serious and is charged as a Class A misdemeanor. It carries a potential jail sentence of up to one year and fines reaching $4,000. Probation may still be an option, but the court will evaluate factors like the time between offenses and whether any aggravating elements are involved.

Third DWI Offense (Third-Degree Felony)

  • A third DWI offense is considered a third-degree felony in Texas. A conviction can result in a prison sentence ranging from two to ten years and/or a fine of up to $10,000. While probation is sometimes granted, the consequences are far more severe, and the court will treat the matter as a serious repeat offense.

DWI with a Child Passenger (State Jail Felony)

  • Driving while intoxicated with a child under 15 years old in the vehicle is automatically classified as a state jail felony. Penalties include a sentence of 180 days to two years in a state jail facility and fines up to $10,000. Even though probation may still be available, this charge is treated with heightened seriousness due to the involvement of a minor.