Bastrop County DWI Lawyer

Bastrop County sits east of Austin along the Colorado River corridor — a growing county that combines rural highway stretches, state park traffic, and increasing suburban development from the Austin metro's eastward expansion. The Bastrop County District Attorney's office prosecutes DWI cases out of the county courthouse in Bastrop.

DWI arrests in Bastrop County come from multiple sources: Texas Department of Public Safety troopers working State Highway 71, Loop 150, and State Highway 95; the Bastrop Police Department within city limits; constables and sheriff's deputies on county roads; and local city police in Smithville and Elgin.

Misdemeanor DWI cases (first and second offense without aggravating factors) are heard in the County Courts at Law in Bastrop. Felony DWI cases — third or subsequent offense, DWI causing serious bodily injury, or DWI with child passenger — go to the District Courts.

Bastrop County's smaller court docket means cases can move differently than in larger urban counties, but the DA's office takes DWI prosecution seriously. An attorney with experience in Bastrop County courts understands the local landscape and how cases typically resolve.

Every DWI arrest in Texas triggers two separate proceedings: a criminal case and an Administrative License Revocation (ALR) proceeding with the Texas Department of Public Safety. Under Tex. Transp. Code §524.031, you have exactly 15 days from the date of your arrest to request an ALR hearing.

If you miss this deadline:

• First offense: automatic 90-day suspension
• Prior DWI within 10 years: automatic 1-year suspension
• Refusal to provide breath or blood sample: 180-day suspension (first), 2 years (repeat) under §724.035

If you or your attorney requests the ALR hearing within 15 days, the suspension is stayed pending the outcome of the hearing. This means you can continue driving while the case is contested.

The ALR hearing also gives your attorney the first formal opportunity to question the arresting officer under oath — before your criminal trial — and to identify legal issues with the stop, the arrest, or the breath/blood test. In a county like Bastrop where arrests often happen on rural highways, the legality of the initial stop is frequently a significant issue.

Do not wait. The 15-day window cannot be extended.

DWI penalties in Texas are set by state law and apply uniformly across Bastrop County:

First Offense — Class B Misdemeanor (Tex. Transp. Code §49.04):
• 72 hours to 180 days in county jail (mandatory minimum)
• Fine up to $2,000 (plus court costs and fees)
• Driver's license suspension: 90 days to 1 year
• Texas DRP surcharge: $1,000/year for 3 years ($2,000/year if BAC ≥0.16)

BAC ≥0.15 — Class A Misdemeanor upgrade (§49.04(d)):
• Up to 1 year in jail
• Fine up to $4,000

Second Offense — Class A Misdemeanor (§49.09(a)):
• 30 days to 1 year in jail (mandatory 30-day minimum if no prior probation)
• Fine up to $4,000
• License suspension: 180 days to 2 years
• Mandatory ignition interlock device as condition of bond and probation

DWI with Child Passenger — State Jail Felony (§49.045):
• 180 days to 2 years in state jail
• Fine up to $10,000
• This applies regardless of offense number

Beyond these statutory penalties, a DWI conviction creates a permanent criminal record in Texas that cannot be expunged. The collateral consequences — employment, professional licensing, housing, federal benefits — often exceed the direct court-imposed penalties.

Texas Defense Team reviews every aspect of the state's evidence in a Bastrop County DWI case:

The traffic stop: On Bastrop County's rural highways, troopers and deputies often stop vehicles for equipment violations, lane changes, or speed. The articulation of reasonable suspicion in the offense report is the foundation of the state's case. If the stated reason for the stop does not support the stop, the exclusionary rule under Tex. Code Crim. Proc. Art. 38.23 may apply.

Field sobriety tests: NHTSA-standardized tests must be administered under specific conditions. On rural roadsides — uneven surfaces, headlight glare, nighttime conditions — administration errors are common. We review dashcam and bodycam footage against the officer's testimony.

Breath testing: Texas uses the Intoxilyzer 9000. Proper operation requires regular calibration, solution testing, and certified operators. Records of the specific machine used in your case are discoverable.

Blood draws: DPS participates in statewide no-refusal programs. Blood warrants must be supported by probable cause. The draw must be performed by a qualified technician, properly preserved, and analyzed by an accredited lab. Chain-of-custody issues occur in rural-county cases where samples travel longer distances to accredited labs.

Constitutional issues: Unlawful detention — holding a person at a traffic stop longer than necessary without developing reasonable suspicion of DWI — is a Fourth Amendment violation that can result in evidence suppression.