Years of Combined Criminal
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Texas DWI Lawyer
Driving While Intoxicated is a very serious charge. Everyone facing a DWI charge in Texas is facing jail time. The stakes are high. DWI charges negatively impact employment, driving privileges, and college admissions. DWI convictions are permanent criminal convictions, and cannot be expunged from the record. You can overcome a conviction by building a dynamic, powerful defense. Start now.
DISMISS YOUR DWI IN TEXAS
Results matter when life and livelihood are on the line. DWI arrests are warrantless arrests, and the State is legally bound to a burden of proving the charge beyond all reasonable doubt. A dismissal is possible in every DWI case, no matter the circumstances. You can’t win if you don’t fight.
Trey Porter Law has a track record of winning dismissals in the toughest cases. Every case is different, but an aggressive, exhaustive approach yields the best overall result in every case, every time. TPL trial lawyers have a steadfast commitment to uncompromising results. Learn more.
- Can a DWI be dismissed in Texas? Yes, a DWI charge can be dismissed by challenging the State’s evidence. Police officers must establish reasonable suspicion and probable cause in every case without exception. You can beat a DWI in Texas. Learn more.
- How to win a DWI case in Texas? Challenge the evidence. Police officers make mistakes. Forensic analysts make mistakes. Chain of custody is either perfect, or unreliable. Obtaining all evidence for review and challenges is the best way to win a DWI case in Texas. Learn more.
BEST RATED DWI LAWYERS IN TEXAS
Trey Porter Law is one of the highest and best rated DWI law firms in Texas. Recipients of statewide and national recognition, the advocates at TPL know how to fight and win for their clients. With over 40 years of combined experience in every facet of criminal defense, TPL has delivered successful outcomes for thousands of Texans facing intoxication and criminal charges. From students to teachers, veterans to first responders, and professionals across varied industries, the firm brings a results-oriented & client-focused approach to solving complex problems.
TPL stands up for citizens across Texas. From Corpus Christi Bay to El Paso, Dallas-Fort Worth down to South Padre Island, all 268,597 square miles, 254 counties, and the courthouses in between. Visit our Contact Page to schedule a free, confidential consultation. Start now.
WHAT IS DWI IN TEXAS?
In Texas, DWI is the criminal charge for operating a motor vehicle without normal faculties due to consuming drugs or alcohol. The Texas Penal Code defines DWI in chapter 49.04:
Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Learn more.
- What does DWI mean in Texas? DWI means driving while intoxicated. Texas defines intoxication by a blood alcohol concentration (BAC) of 0.08 or more. Texas also defines intoxication as the loss of the normal use of mental or physical faculties by reason of the introduction of alcohol or drugs. Learn more.
- What is a DUI in Texas? The Texas Alcoholic Beverage Code § 106.041 defines DUI as DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY A MINOR.
(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system. Learn more.
- What does DUI mean in Texas? DUI means driving under the influence. In Texas, the criminal offense of DUI is only applicable to minors under 21. Learn more.
- Which is worse – DUI or DWI in Texas? DWI is significantly worse than DUI in Texas. DWI is a Class A or B misdemeanor, with maximum jail sentences of 180 or 365 days. DUI is a Class C misdemeanor in Texas, punishable by fine only. Minors can be charged and prosecuted with DUI or DWI. Adults can only ever be charged with DWI. Learn more.
- What is the difference between DUI meaning and DWI meaning in Texas? DUI means driving under the influence, whereas DWI means driving while intoxicated. In Texas, adults are legally permitted to drive after consuming alcohol. Minors are never permitted to operate a motor vehicle after alcohol consumption – even if with parental permission. Learn more.
WHAT HAPPENS AFTER YOUR FIRST DWI IN TEXAS?
With limited exceptions, after being arrested for DWI in Texas, a person appears before a magistrate judge, a bond is set, and the person is then processed for release. The time this process takes to unfold varies widely across the state.
- Can I get my license back after a DWI? Yes, it is possible to get your Texas Driver’s License back after a DWI arrest. The fastest and easiest way to obtain a replacement license is through the Texas Department of Public Safety website. Request here.
- How long does DWI stay on your insurance in Texas? Three years or more. DWI charges can negatively impact insurance rates years after the arrest date, even when the case is closed. Ultimately, age, gender, driving record and criminal record all factor into insurance rate increases and reductions. Learn more.
- What to do after getting a DWI in Texas? Take action immediately after a DWI arrest in Texas. First up is requesting a hearing to contest the Administrative License Revocation (ALR) from DPS. This must be done within 15 days. Next up, identify and comply with all bond conditions, find out when the arraignment date will be, and begin asserting important constitutional requests. Learn more.
Hiring a DWI defense lawyer is the single-most important thing to do after a DWI arrest in Texas. Many attorneys are board certified and advertise themselves as DWI specialists or DWI experts. There are many drunk driving lawyers in Texas. It is important to find the best fit for you and your situation. Learn more.
TEXAS DWI LAWS
- Is a DWI a Felony in Texas? No. In Texas, a first-time DWI charge is Class B Misdemeanor, unless enhanced. In Texas, only DWI 3rd (or more) and DWI with Child Passenger are classified as felony offenses. Learn more.
- What is Texas law for ignition interlock devices? Texas law requires judges to order ignition interlock devices (IIDs) for repeat DWI offenders. IIDs are machines installed in vehicles that measure a person’s breath for alcohol. Increasingly, many judges require IIDs for first-time offenders, even though not required by law. IID’s are also a common requirement of probation in Texas. Learn more.
- How long does the State of Texas have to file DWI charges? The State has two years to file misdemeanor DWI charges, and up to three years to file felony DWI charges. For more information about the statute of limitations, go here.
- Can you get probation for first DWI in Texas? Yes, probation is possible for DWI in Texas. Every person charged with DWI may apply for probation. Judges make the ultimate decision regarding probation in every DWI case. Learn more.
- Can you get off probation early for DWI in Texas? Yes, in limited circumstances where a Texas state court judge has granted deferred adjudication, a person may petition the court for early termination from probation. Learn more.
TEXAS DWI CONSEQUENCES
DWI consequences and penalties in Texas range from severe and inconvenient to devastating and life-ruining. First-time offenders face up to 365 days in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Texans with two prior DWI convictions, even if the convictions are old, face 10 years in prison, and the reality of being a convicted felon forever. Learn more.
- Is jail mandatory for a DWI 1st in Texas? Jail is not required for first-time DWI offenders in Texas. Aggravating factors like open containers or children in the vehicle can trigger statutory jail requirements. While jail is not required, every person facing a DWI charge is facing jail time. Learn more.
- Can employers fire you for pending charges in Texas? Yes, employers can terminate individuals charged with criminal offenses in Texas. Teachers,nurses,financial advisors, military service members, and commercial drivers are particularly susceptible to suspension or termination. Learn more.
- What are the consequences of a DUI in Texas? A DUI conviction is a Class C misdemeanor.The maximum fine is $500.00, and the maximum period of probation is 6 months. A conviction for this offense is permanent, resulting in a 60-day driver license suspension, court-ordered community service, alcohol and drug awareness course(s), and a State approved Driving Safety course. Learn more.
Remember – DWI and DUI are totally different crimes in Texas. Learn more.
ASSERT YOUR CONSTITUTIONAL RIGHTS
Challenging the State’s evidence is the best way to beat a DWI in Texas. It is worth fighting a DWI charge in Texas, and the most powerful weapons available are in the Constitution. The 6th Amendment guarantees the right of confrontation to every defendant. Learn more.
Three winning keys to every DWI defense strategy are:
- Challenge the traffic stop All evidence from an invalid traffic stop can be suppressed – excluded – by the judge. Police officers regularly make mistakes, and often lie, about the reasonable suspicion for initiating a traffic stop. Exhaustively reviewing the evidence can reveal the truth. If a judge rules the traffic stop invalid, county and district attorneys must dismiss the DWI charge. Learn more.
- Challenge the probable cause If the probable cause is invalid, the arrest can be suppressed – excluded – by the judge. Police officers regularly make mistakes, and often lie, about field sobriety tests observations concerning nystagmus, balance, and speech. Carefully reviewing audio and video can sometimes reveal discrepancies, undermining officer credibility, and invalidating the arrest. Evidence collected from breath tests and blood tests after an invalid arrest are illegal and cannot be used in court. Learn more.
- Challenge the forensic evidence All forensic evidence from an invalid test can be suppressed – excluded – by the judge. Forensic analysts and intoxilyzer operators make mistakes that can invalidate forensic test results. These issues, along with chain of custody and certifications, are critical components to challenge in every DWI case. Learn more.
These strategic keys are important to every DWI defense case, and detailed DWI review. The experienced trial attorneys at TPL identify and leverage issues like these into dismissals and reduced charges. Learn more.
HOW MUCH DOES THE AVERAGE DWI COST IN TEXAS?
The average DWI cost in Texas ranges somewhere between ten and twenty thousand dollars. The costs are comprised of bail, pretrial, court, insurance, probation, and lawyer fees. The legal fee portion is spent in order to mitigate the other costs and consequences, particularly jail time and a permanent criminal conviction. It’s impossible to calculate the true cost of a permanent DWI conviction. Learn more.
- How much does a DWI lawyer cost in Texas? Thousands of dollars, at minimum. The total cost for the best DWI attorney in Texas depends on location, first-time charge vs repeat offender, and the attorney’s fee structure – hourly vs flat. Learn more.
- How much does a DWI specialist cost in Texas? The cost of DWI specialists in Texas can vary widely. For example, there are typically substantial cost differences in intoxication manslaughter or intoxication assault cases compared to DWI first or DWI 2nd charges in Texas.
- Can lawyers reach deals on DWI in Texas? Texas DWI lawyers can reach deals on DWI cases. When negotiating plea bargains, it is critical to negotiate from a position of strength. This advantage can only come from reviewing and challenging the State’s evidence. Learn more.
- Do I need a lawyer for a DWI in Texas? Everyone needs a lawyer when charged with DWI in Texas. The penalties are severe, and the State has an unfair advantage and limited resources. The Sixth Amendment to the Constitution guarantees the right to counsel when facing criminal prosecution. Learn more.
DWI FIRST OFFENSE IN TEXAS
A first-time DWI charge in Texas is a Class B misdemeanor, unless enhanced by aggravating factors. DWI first-time offenders face jail time, a permanent criminal conviction, thousands of dollars in fines, and a driver’s license suspension. Learn more.
- DWI is a Class B misdemeanor in Texas. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense is permanent and results in a driver’s license suspension. Learn more.
- DWI with a blood alcohol concentration (BAC) of .15 or higher is a Class A misdemeanor in Texas. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent and results in a driver’s license suspension. Learn more.
- DWI with an open container is a Class A or B misdemeanor, in Texas, depending on a person’s blood alcohol concentration (BAC). The maximum penalty range for this offense is either 6 or 12 months in jail, Additionally, the open container triggers a 6-day jail requirement. Learn more.
- DWI with a Child Passenger is a State Jail Felony in Texas. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail facility. State jail sentences in Texas must be served day for day. There is no “good time” credit. A conviction for DWI with Child Passenger is permanent and results in a driver’s license suspension as well as the serious, collateral consequences associated with being a convicted felon for life. Learn more.
DWI 2ND OFFENSE IN TEXAS
A second DWI offense (DWI Repeat Offender) is a Class A misdemeanor in Texas. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, requires a 3-day jail sentence, even if probation is granted, and results in a driver’s license suspension. Learn more.
There is no limit to how old a prior conviction may be for enhancement purposes. Out of state convictions may be used for enhancement.
A deep lung device, like ignition interlock, is a bond requirement for all DWI 2nd charges. All defendants must maintain this device in all vehicles as a condition of release from jail. Learn more.
FELONY DWI IN TEXAS
After two DWI convictions, a third DWI charge (habitual DWI) is a Third Degree Felony in Texas. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary.A conviction for this offense is permanent, requires a 10-day jail sentence, even if probation is granted, and results in a driver license suspension, as well as the devastating collateral consequences associated with being a convicted felon. Learn more.
There is no limit to how old prior convictions may be for enhancement purposes. Out of state convictions may be used as the basis for enhancement.
A deep lung device, like ignition interlock, is a bond requirement for all DWI 3rd+ charges. All defendants must maintain this device in all vehicles as a condition of release from jail.
- When does a DWI become a felony in Texas? DWI becomes a felony charge in Texas after two prior convictions. There is no limit to the “look back” period. This means that DWI convictions can be used for enhancement purposes no matter how old they are. Learn more.
- How much is a lawyer for 4th DWI in Texas? Legal representation for a DWI 4th charge will be expensive. The total cost will vary widely across Texas depending on the location and circumstances of the case. Learn more.
- What is Intoxication Assault in Texas? Intoxication Assault is the criminal offense in Texas for operating a motor vehicle, an aircraft, a motorized water vehicle, or an amusement ride while intoxicated resulting in serious bodily injury to another person. Intoxication Assault is a Third Degree Felony, with a maximum penalty of 10 years in prison. Learn more.
- What is Intoxication Manslaughter in Texas? Intoxication Assault is the criminal offense in Texas for operating a motor vehicle, an aircraft, a motorized water vehicle, or an amusement ride while intoxicated resulting in death to another person. Intoxication Manslaughter is a Second Degree Felony, with a maximum penalty of 20 years in prison. Learn more.
DWI IN TEXAS
Texas has the third-highest rate of intoxicated driving arrests in the country. DWI and DUI are common charges and they have severe penalties – even for first-time offenders. These penalties include incarceration, the loss of constitutional rights, and the potential lifelong impact of a criminal conviction. DWI charges must be taken seriously, and a conviction should be avoided at all costs. Learn more.
- What is the best Texas DUI defense? Challenging the State’s evidence is the single best defense against DUI charges in Texas. You can’t win if you don’t fight, and it is always worth fighting DUI charges in Texas. Learn more.
- Can you remove DWI from your record in Texas? The ability to remove a DWI from your record in Texas depends on the disposition, or final result, in court. DWI charges dismissed without probation are eligible for deletion through expunction. In limited cases, DWI charges may be sealed through an order of nondisclosure. Learn more.
BEAT YOUR DWI IN TEXAS
State prosecutors seek convictions. Convictions come with consequences. If you are facing criminal prosecution it’s critical to assert your rights, forcefully and immediately. Maintaining a high quality of life, protecting what you’ve worked so hard to build, and preventing collateral consequences to your family are priorities for the team at Trey Porter Law.
With over 40+ years of combined experience, TPL has built a winning record standing up for thousands of Texans in courtrooms across the Lonestar State. If you are charged with a crime, the State is working on your conviction. It’s time to start building your defense.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.