Trey Porter Law - San Antonio DWI Lawyer

Driving While Intoxicated is a very serious charge. If you are facing a DWI in San Antonio, even as a first offense, the stakes are high. DWI cases come with urgent deadlines that have real life consequences. It is important to fight the driver license suspension, assert your constitutional rights, and do everything possible to avoid a final conviction.

And you can’t do it alone.

Over the course of his career, Trey Porter has defended individuals facing everything from Public Intoxication to Murder. While every case is different, the goal is always the same: obtain a dismissal.

Texas DWI Consequences

First-time DWI offenders face up to 365 days in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction.

• Is jail mandatory for a DWI 1st in Texas? No, jail is not mandatory for first-time DWI’s in Texas. Learn more.
• What is the cost of a DWI in Texas? Thousands of dollars, at minimum. It is impossible to calculate the amount of lost wages a person could incur because of a permanent criminal conviction. That’s why it is critical to avoid a conviction at all costs. Learn more.
• 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.

Texas Driver License Suspension

It is important to get your license back after a DWI arrest. The Texas Department of Public Safety operates the Administrative License Revocation (ALR) program. Every person arrested for DWI in Texas receives an ALR suspension unless they contest it.

You only have 15 days to make the request for an ALR hearing. If unrequested, the opportunity to contest is lost, and the suspension will take effect. Learn more.

Trey Porter Named Best DWI Lawyer in San Antonio

Trey Porter has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter also holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

DWI First Offense

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 license suspension. Here is the full breakdown: 

• DWI with a BAC below .15 is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense results in a driver license suspension.
• DWI with a BAC of .15 or higher is a Class A misdemeanor. 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 license suspension.
• DWI with an open container is a Class A or B misdemeanor depending on the BAC, falling into the same punishment ranges as set forth above. However, a person convicted of this offense faces a minimum of 6 days in jail because of the Open Container enhancement. Learn more.
• DWI with Child Passenger is a State Jail Felony. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail facility. A conviction for this offense is permanent and results in a driver license suspension as well as other serious, collateral consequences associated with being a convicted felon. Learn more.

DWI 2nd Offense

A second DWI offense (DWI-Repeat Offender) is a Class A Misdemeanor. 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 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 as the basis 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.

DWI 3rd+ Offense

After two DWI convictions, a third DWI offense (habitual DWI) is a Third Degree Felony. 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 other serious, 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.

DWI Probation

Before entering a plea or beginning a trial, all defendants facing a DWI have an opportunity to apply for probation. If granted probation, a person may serve their punishment through Community Supervision, instead of being confined to jail or prison. Learn more.

The maximum period of probation for a misdemeanor DWI is 24 months. The maximum period for a felony DWI is 10 years.

• Can you get off probation early in Texas for DWI? No. There are many offenses that qualify for early termination of probation in Texas. DWI is not one of them. All persons granted probation for DWI must serve the full period. Learn more.
• Can you drink on DWI probation in Texas? No. All persons on Community Supervision in Texas are susceptible to drug testing, and this includes testing for alcohol. Additionally, almost all individuals on probation for DWI will be required to use a deep lung device, which monitors for alcohol.
• What happens with a DWI probation violation in Texas? The State may file a Motion to Revoke Probation for failure to comply with any terms or conditions of probation. An MTR results in an arrest warrant, and requires an individual to be re-arrested and appear before a judge for sentencing. MTRs should be taken very seriously as they involve the potential for heightened conditions, extended periods of supervision, and confinement. Learn more.

San Antonio DUI Lawyer

Driving Under the Influence (DUI) of alcohol by a minor is a very serious offense. All Texas drivers under the age of 21 are subject to a Zero Tolerance policy when it comes to alcohol. A minor in violation of this policy can be cited or arrested. Learn more.

DUI and DWI are often used interchangeably in Texas, but they are actually very different. In Texas, a person of any age can be convicted of DWI, while DUI is only applicable to minor drivers under the age of 21.

• What is a DUI in Texas? DUI is a Class C Misdemeanor. A minor commits the offense of DUI if they are found to be operating a motor vehicle in a public place while having any detectable amount of alcohol in their system.
• 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, results in a 60-day driver license suspension, court-ordered community service, alcohol and drug awareness course(s), and a State approved Driving Safety course.

Deferred Adjudication in Texas

Deferred adjudication is a special form of Community Supervision that allows an individual to avoid the risk of incarceration and a final conviction.

In order to be granted deferred adjudication, a defendant must enter a plea of “guilty” or “no contest” and waive many constitutional rights in exchange for a pathway to dismissal. This typically involves being on community supervision for an agreed period of time, and completing and abiding by an agreed set of terms and conditions.

The judge “defers” a finding of guilt during this term. Upon successful completion, the case is dismissed, and there is no final conviction.

If you have been charged with DWI in San Antonio on or after September 1, 2019 you may be eligible for DWI deferred adjudication. There are a number of qualifying factors, including BAC, and whether or not the incident involved an accident. Learn more.

San Antonio Expungement Lawyer

Clean records are the best records. Old criminal charges, including DWI, are often eligible for either an expunction or a nondisclosure. It is important to know the difference between the two:

• What is an expunction? An expunction deletes everything. After a successful expunction, the records of the arrest and prosecution are destroyed, and a person can legally deny the incident’s occurrence. Learn more.
• What is a petition for non-disclosure? A nondisclosure is the next best thing to an expunction. A nondisclosure is a court order preventing the disclosure and dissemination of records relating to a criminal incident, effectively “sealing” the record. Learn more.
• Can you expunge a DWI? Yes. If you were charged with DWI and the case was dismissed, or you were acquitted at trial, you are eligible for an expunction. Learn more.
• Can you seal a DWI conviction? Yes. If you have been convicted of DWI you may be eligible for a petition for nondisclosure, which, in effect, seals the record. Learn more.