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Texas DWI Lawyer

Driving While Intoxicated is a very serious crime and the effects of this charge are severe. Everyone facing a DWI in Texas is facing jail time. Not only can driving under the influence of drugs or alcohol cause injury to the driver, but it can also injure passengers, pedestrians, and other motor vehicle operators.

Additionally, Driving While Intoxicated charges negatively impact employment, driving privileges, and college admissions. Convictions for driving while intoxicated are permanent and expungement is not always possible. You can fight by building a dynamic, powerful defense. Trey Porter Law firm is here to help. Start now.

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DISMISS YOUR DWI IN TEXAS

Results matter when life and livelihood are on the line. Arrests for driving while intoxicated are warrantless arrests and the State is legally bound to the burden of proving the charge beyond all reasonable doubt. A dismissal is possible in every DWI case, no matter the circumstances.

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.

  • Can a Driving While Intoxicated charge 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. By addressing the reasonable suspicion and probable cause cited by the police officer, a good attorney can beat a DWI in Texas. Understand more about DWI dismissal.

  • How can a DWI case be won in Texas?

Challenge the evidence. Police officers make mistakes. Forensic analysts make mistakes. Obtaining all evidence for review and challenges is the best way to win a DWI case in Texas. Learn more about fighting DWI charges.

BEST-RATED DWI LAWYERS IN TEXAS

Trey Porter Law is one of the highest and best-rated 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 criminal charges.

From students to teachers, veterans to first responders, and professionals across varied industries, the firm brings a results-oriented and client-focused approach to solving complex problems. 

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WHERE WE SERVE

Individuals throughout the state of Texas can depend on our Texas attorney services. Whether you’re looking for a Boerne DWI lawyer, an Austin DWI lawyer, or the best DWI lawyers in Odessa, TX, TPL is here to serve you. See the following list to discover where we can help those facing DWI cases:

With 100+ reviews on AVVO and rated as a Texas SuperLawyer, Trey Porter is committed to helping clients receive favorable results in DWI cases. TPL’s full list of service locations can be found here

WHAT IS A DWI?

In Texas, DWI is a crime 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. Explore the meaning of DWI here

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  • What does DWI mean in Texas?

DWI means driving while intoxicated. Texas defines intoxication as a blood alcohol content, or 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 about Texas DWI charges.

  • What is a DUI in Texas?

DUI is a Class C Misdemeanor in Texas that applies specifically to minors under the age of 21 who are found operating a motor vehicle with any detectable alcohol in their system. Find out more about jail time for DUIs.

  • What is the difference between DUI and DWI  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. Read more about the DUI vs. DWI.

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TEXAS DWI LAWS

All first-time offenders face jail time, suspended driving privileges, travel restrictions, loss of 2nd amendment rights, and a permanent criminal conviction.

  • Is a DWI a felony in Texas?

No. In Texas, a first-time DWI charge is a Class B Misdemeanor, unless enhanced. In Texas, only DWI 3rd (or more) and DWI with a Child Passenger are classified as felony offenses. Find out more about misdemeanors vs. felonies.

  • What is Texas law for ignition interlock devices?

Texas law requires judges to order an ignition interlock device (IID) for repeat offenders. An Ignition interlock device is a machine installed in motor vehicles to measure a person’s breath for alcohol. Increasingly, many judges require an ignition interlock device for first-time offenders, even though not required by law. An ignition interlock device is also a common requirement of probation in Texas. See how Texas probation violation lawyers can help you.

  • How long does the State of Texas have to file charges?

The State has two years to file misdemeanor Driving While Intoxicated charges and up to three years to file felony Driving While Intoxicated charges. View more information about the statute of limitations.

  • Can you get probation for a first DWI in Texas?

Yes, probation is possible for a first DWI in Texas. Every person charged with DWI may apply for probation. Judges make the ultimate decision regarding probation in every DWI case. See more about DWI probation in Texas.

  • 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 about deferred adjudication.

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 include bail, pre-trial, DWI 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 offense.

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  • How much does a DWI attorney cost in Texas?

Thousands of dollars, at minimum. The total cost for the best DWI lawyer in Texas depends on location, first-time charge vs repeat offender, and the attorney’s fee structure – hourly vs flat. See a breakdown of the cost of a Texas DWI attorney here.

  • Can an attorney 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. Discover how an attorney can beat a DWI charge in Texas.

  • Do I need a lawyer for a DWI in Texas?

Yes, everyone charged with DWI in Texas needs an attorney. 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. Read details about the Sixth Amendment.

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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 a 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 about insurance changes.

  • What should people do after getting a DWI in Texas?

Take action immediately after a DWI arrest in Texas. First, request a hearing to contest the Administrative License Revocation (ALR) from DPS. This must be done within 15 days. Next, identify and comply with all bond conditions, find out when the arraignment date will be, and begin asserting important constitutional requests. Find out more about DWI license suspension.

Hiring a defense attorney is the single most important thing to do after a DWI arrest in Texas. There are many drunk driving lawyers in Texas so it is important to find the best fit for you and your situation. See our reviews and how we can help you.

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FIRST 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, DWI court costs, a driver’s license suspension, and a permanent criminal conviction. Texans with two prior convictions, even if the convictions are old, face 10 years in prison, and the reality of being a convicted felon forever.

  • 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 faces jail time. Learn more about first DWI offenses here.

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  • 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. Find out more.

  • What are the consequences of a DUI in Texas?

A DUI is a Class C misdemeanor. The maximum fine is $500.00, and the maximum probation period is 6 months. If a person is convicted of this offense, it will be permanent, resulting in a 60-day driver’s license suspension, court-ordered community service, alcohol and drug awareness course(s), and a State-approved Driving Safety course. More information about DUIs.

  • How does driving under the influence or driving while intoxicated affect a person’s life?

If a person serves time in prison for a crime like driving while intoxicated, it can affect the ability to get a job after prison. It can also impact familial relationships, ruin a person’s reputation, and add many other challenges to a person’s life.

Remember – Driving While Intoxicated and Driving Under the Influence are different crimes in Texas.

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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 about how DWIs affect constitutional rights.

Three winning keys to every DWI defense strategy are: 

  • Challenge the traffic stopAll evidence from an invalid traffic stop can be suppressed 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. See how a motion to suppress traffic stop evidence can help.
  • Challenge the probable causeIf the probable cause is invalid, the arrest can be suppressed – excluded – by the judge. A police officer may make mistakes or even lie about field sobriety testing 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 breathalyzer tests and blood tests after an invalid arrest is illegal and cannot be used in court. See how challenging the probable cause can help in fighting a DWI charge.
  • Challenge the forensic evidenceAll forensic evidence from an invalid test can be suppressed by the judge. Forensic analysts 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 about challenging blood test results

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. We believe fighting a DWI charge is worth it. Here’s why

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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. Discover more about DWI penalties.

  • 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. Understand more about first DWI offenses in Texas.
  • DWI with a blood alcohol concentration, or blood alcohol content (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 about what a blood test is for DWIs.
  • DWI with an open container is a Class A or B misdemeanor, in Texas, depending on a person’s blood alcohol content, or 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. Here is more information about DWI with an open container.
  • DWI with a Child Passenger is a 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. A DWI with a 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. See more information about DWI with a Child Passenger.

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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 time is 12 months. 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 about second DWI offenses.

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 an ignition interlock device, is a bond requirement for all DWI 2nd charges. All defendants must maintain this device in all motor vehicles as a condition of release from jail.

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THIRD+ 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.

This offense is permanent, requires a 10-day jail sentence even if probation is granted, and results in a driver’s license suspension, as well as the devastating collateral consequences associated with being a convicted felon. Learn more about third DWI offenses.

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 an ignition interlock, is a bond requirement for all DWI 3rd+ charges. All defendants must maintain this device in all motor vehicles as a condition of release from jail.

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  • 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. Find out more about misdemeanors vs felonies.

  • How much is an attorney in Texas for a 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 about the cost of a DWI attorney.

  • 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. More information about Intoxication Assault offense sentences.

  • 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. Read more about Intoxication Manslaughter.

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DWI, DUI, AND PUBLIC INTOXICATION 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 crime. Learn more about a DUI vs. DWI.

  • Can public intoxication lead to an arrest?

Yes, a public intoxication charge is a class C misdemeanor and can lead to an arrest. People charged with this offense will also receive a fine of up to $500. But, individuals should avoid simply paying the citation without seeking legal advice from a law firm, such as Trey Porter Law. Learn more about public intoxication.

  • What classifies as “intoxication”?

In accordance with Texas Penal Code Section 49.01, “intoxication” is characterized in two ways: (1) having a blood alcohol concentration (BAC) of 0.08 or higher, or (2) experiencing a diminished ability to use mental or physical faculties due to the presence of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body. Find out more about Texas Penal Code Section 49.01.

  • What’s the difference between public intoxication and DUI/DWI cases?

A test for alcohol level is not required for a public intoxication charge. This means that a prosecutor can actually rely on the testimony of a law enforcement officer or a witness who saw how the defendant was behaving and believed the defendant to be intoxicated. See more about the consequences of being intoxicated in public.

  • Can Trey Porter Law help in intoxication cases?

Yes, TPL offers robust Public Intoxication defense services, with a long track record of success.

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Understanding Driving Under the Influence and Driving While Intoxicated

The Trey Porter Law firm understands the challenges faced by those convicted of a crime such as driving under the influence or driving while intoxicated. As such, our knowledgeable team is here to provide information regarding acquittals, dismissals, and expunctions.

  • What is the best Texas DUI defense?

Challenging the State’s evidence is the single best defense against Driving Under the Influence charges in Texas. You can’t win if you don’t fight, and it is always worth fighting DUI charges in Texas. See why it’s worth fighting a DWI charge in Texas.

  • Can a Driving While Intoxicated charge be expunged or removed from your record in Texas?

The possibility of an expungement in Texas depends on the disposition, or final result, in DWI court. DWI charges dismissed without probation are eligible for deletion through expungement. In limited cases, the charges for this crime may be sealed through an order of nondisclosure. Discover more about DWI expungement.

  • Can a person refuse a breathalyzer or blood test?

Due to the implied consent law in Texas, refusing a breathalyzer or blood test can result in additional penalties, such as license suspension. Laws regarding refusal vary, so it’s essential to be aware of the regulations in Texas. Find out more about implied consent.

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BEAT YOUR DWI IN TEXAS

A state prosecutor will seek to convict the individual who was caught driving under the influence or driving while intoxicated, especially if an injury occurred. But, 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 attorneys at Trey Porter Law firm.

With over 40+ years of combined experience, the attorneys at TPL have built a winning record, standing up for thousands of Texans in courtrooms across the Lonestar State. If you are charged with the crime of driving under the influence or driving while intoxicated, let our Texas criminal defense team assist you.

Contact Trey Porter Law Firm Today

Finding the best DWI lawyer in Texas for your specific situation can be difficult. TPL’s knowledge of  Texas law and unparalleled record of success can make a big difference in your case – no matter the circumstances. The Trey Porter Law firm has one goal in every matter: obtain a dismissal. If you are charged with a crime the Government is working to convict you. It’s time to start building your defense. Contact Trey Porter Law today.

Texas DWI Lawyer FAQs; Knowledge is power. Get honest answers now.

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!

Joey

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.

Wendy

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.

Juan

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!!

Binda

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!

Stevie

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.

Alina

Read More Reviews

WE FIGHT FOR DISMISSAL

WE FIGHT FOR DISMISSAL

CHARGES DISMISSED

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.

CHARGES DISMISSED

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.

CHARGES DISMISSED

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.

CHARGES DISMISSED

DWI 2nd

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.

CHARGES DISMISSED

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.

CHARGES DISMISSED

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.

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