Austin DWI Lawyer
BEST DWI LAWYER IN AUSTIN
Driving While Intoxicated is a serious charge. If you are facing a DWI in Austin, even as a first offense, the stakes are high. DWI charges impact driving privileges, employment, and your ability to travel. DWI is a criminal misdemeanor with a maximum punishment of one year in jail.
Outcomes matter when liberty and livelihood are on the line. You can’t win if you don’t fight, and you cannot fight alone.
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter is recognized as a Texas SuperLawyer, and distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
- Do I need a lawyer for a DWI in Texas?You need a DWI lawyer to protect your rights. When you are facing criminal charges, your freedom, reputation, and future are on the line. Results matter. Experienced advocates are the foundation of a high-powered defense. Learn more.
WHAT ARE CONSEQUENCES OF A DWI IN AUSTIN?
The penalties for DWI in Texas are severe, and Austin is no different. The Travis County Attorney seeks a conviction in every case, and does not dismiss charges for first-time offenders. Everyone facing a DWI charge is facing jail time.
- Can a DWI be dismissed in Austin?DWI charges can be dismissed by challenging the State’s evidence. DWI arrests are warrantless arrests. Officers must establish reasonable suspicion and probable cause in every case, every time, without exception. Learn more.
- What are Texas DWI Penalties?Texas DWI penalties are harsh. First-time offenders with no criminal history face up to 1 year in jail, a $6,000.00 fine, court costs, a Texas Driver’s License suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. Learn more.
WHAT HAPPENS ON YOUR FIRST DWI IN AUSTIN?
After being arrested for DWI in Travis County, everyone is eventually taken to the Travis County Jail in Austin for processing and an eventual appearance before a magistrate judge. The magistrate judge will set a bond amount and other conditions of release they deem fit.
This process is slow, impractical, and frustrating. After release, defendants are provided with a court date and information about property return. In Austin, it often takes 8-10 months from jail release before a DWI case is resolved.
- What to expect after a first-time arrest for DWI in Travis County?The process for resolving a first-time Austin DWI is long. However, there are fast-moving deadlines that require professional attention almost immediately after being arrested. There are only 15 days to contest the automatic driver’s license suspension. The contest is important, and should not be missed. Learn more.The first court date is next, typically 30 days after arrest. This setting will not provide resolution, but will require time and participation. Missing this court date will result in additional criminal charges. It is important to seek legal counsel ahead of these early dates and deadlines. Learn more.
- Can you drink on DWI bond in Travis County?You cannot drink while on bond for DWI. Travis County judges prohibit drinking while on bond for DWI, even for defendants over 21 years old. This pretrial condition can be checked through drug testing during the pendency of a case.
- How long do they have to charge you with a DUI?The statute of limitations for DUI in Texas is two years.
HOW DO I GET MY LICENSE BACK AFTER A DWI IN AUSTIN?
Driving privileges are subject to suspension after a DWI charge, but they are not immediately suspended. A replacement driver’s license can be requested from the Texas Department of Public Safety online. Getting your license card back does not prevent the forthcoming suspension, and it does not serve as a request for an administrative hearing.
- Is your license suspended immediately after a DWI in Travis County?Driving privileges are suspended after an arrest for DWI in Austin. The suspension does not come from a Travis county judge, however. Texas DPS administratively enters the suspension.
- How long is your license suspended for a DWI in Austin?Driving privileges are suspended for 90 – 180 days after an arrest for DWI. Commercially licensed drivers face significantly longer periods of suspension.
- Can you drive with a suspended license in Travis county?You cannot legally drive with a suspended license in Texas. Driving with a suspended license while a DWI is pending in Austin can result in bond revocation and additional criminal charges.
An Occupational License is the only way to legally drive during a period of suspension in Texas. Learn more.
HOW LIKELY IS JAIL TIME FOR FIRST AUSTIN DWI?
Jail time is an absolute possibility for first-time DWI offenders. The range of incarceration faced depends on a person’s blood alcohol concentration (BAC). It is either a maximum of 6 or 12 months.
- What is the penalty for first-time DWI in Travis County?A first-time DWI charge in Austin 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 is permanent, and results in a driver license suspension.
DWI charges can be enhanced by certain factors. These enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights.
- What is the punishment for the first DWI in Austin?Punishment for a first DWI is either probation or jail time. There is no minimum probation period. The maximum period of probation for DWI 1st is 24 months. There is no minimum period of jail time, and 12 months is the maximum.
The punishment a person receives is largely impacted by the representation they hire. A powerful, experienced defense can make the difference between a dismissal and a conviction, or probation instead of jail time. Learn more.
- Is the first DWI a felony in Austin?A first-time DWI charge in Travis county is a Class B misdemeanor. However, aggravating factors like serious bodily injury or the presence of a child passenger under 15 years old can result in felony charges. Learn more.
WHAT ARE PENALTIES FOR DWI IN AUSTIN?
In addition to a permanent criminal conviction and jail time, DWI can negatively affect a person’s right to concealed carry of a handgun and travel outside of Travis county. Driving privileges, especially those of commercial drivers, can be heavily impacted by DWI charges. Learn more.
- What are the penalties for a Travis County misdemeanor DWI?All first-time DWI charges in Austin are Class B misdemeanors, though they can be enhanced by certain factors. DWI first-time offenders face jail time, permanent criminal convictions, thousands of dollars in fines, and a driver license suspension.
- What are the penalties for Class B DWI charge in Austin?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 is permanent, and results in a driver license suspension.
- What are the penalties for Class A DWI charge in Austin?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. Learn more.
- What are the penalties for DWI .15+ charge in Austin?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.
- What are the penalties for DWI with Open Container in Austin?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.
- What are the penalties for DWI with Child Passenger in Travis County?DWI with a 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 other serious, collateral consequences associated with being a convicted felon.
- What are the penalties for Austin DUI Charges?A first-time DUI charge in Texas is a Class C misdemeanor. The maximum fine is $500.00. A conviction for this offense is permanent and results in a driver’s license suspension. Defendants also face court-ordered drug and alcohol awareness classes, as well as community service, and driving safety courses. Learn more.
WHAT HAPPENS IF YOU GET 2 DWI IN AUSTIN?
Everyone released on bond for DWI 2nd in Travis county is required to install the ignition interlock device in all vehicles they drive. This is expensive and inconvenient. Additionally, jail time is a requirement of punishment for DWI 2nd – even if probation is granted. Learn more.
- How much does a second DUI cost?The maximum fine for a DWI 2nd offense in Austin is $6,000.00. Court costs, probation, and pretrial fees can add thousands of more dollars to the total amount a person could be required by law to pay for a DWI 2nd in Travis county.
- What happens if you get 3 DWI in Austin?After two DWI convictions, the third charge is a felony charge. Even if the first two convictions were outside of Travis county, or even outside of Texas, the third charge is a felony charge with a maximum penalty of 10 years in prison and permanent convicted felon status. Learn more.
- Can you get a DWI off your record in Austin?DWI charges and convictions can be sealed or deleted from a person’s record through the process of nondisclosure and expunction. There are strict qualifications that must be met in order to be eligible for these record-clearing options. Learn more.
- How long does a DWI stay on your record in Austin?A Travis county DWI charge stays on the record forever, even if there was no conviction. A conviction for DWI in Austin or elsewhere in Texas also becomes part of a person’s permanent criminal record. Learn more.
WHAT IS THE DIFFERENCE BETWEEN DUI AND DWI IN AUSTIN?
DUI is a Class C misdemeanor in Austin and only applies to minors under 21. Minors are prohibited from operating a motor vehicle with any detectable alcohol in their system, making the legal limit for a DUI charge 0.0. Learn more.
- Can you avoid jail time for first DUI in Travis county?You can avoid jail for DUI in Austin. DUI is a Class C misdemeanor. Aside from the initial arrest, jail is not legally available as a punishment.
- How much is a DUI in Austin, Texas?The cost to fight a DUI charge in Austin is thousands of dollars at minimum. Comparatively, the overall cost of a DUI conviction cannot be quantified. DUI is a criminal offense that can wreck college admission and job opportunities. Learn more.
WHAT HAPPENS WHEN YOU GET A DUI FOR THE FIRST-TIME IN AUSTIN?
After a first DUI charge in Travis county, a court date will be generated. Ahead of the court setting, the most important step to take is retaining experienced counsel. When your education and future are on the line, it is critical to build a powerful defense and start working toward a dismissal. Learn more.
- Does a DUI show up on a background check in Austin?DUI charges will show up on background checks forever in Texas. If convicted, a DUI can never be expunged or sealed through nondisclosure. DUI convictions harm college and financial aid applications and negatively impact career opportunities. It’s critical to avoid a final conviction and protect your future at all costs. Learn more.
- Can Austin DUI charges be dismissed?DUI and DWI charges can be dismissed in Austin. Under no circumstances should a minor plead guilty to DUI in Travis county. Every case has defenses and it is critical to do everything possible to protect your rights and preserve your future. Dismissal is the first step towards deleting the entire incident through expunction.
HOW LONG DOES IT TAKE FOR JAIL RELEASE AFTER DWI ARREST IN TRAVIS COUNTY?
Jail release in Austin can take up to, and sometimes longer than, 24 hours. It is a long, frustrating process. Updated information for people arrested in Travis county can be found on the Travis County Sheriff’s Office website.
- How much is bail for DWI in Austin?Bail for first-time DWI charges in Texas rarely exceeds $5,000.00. This is the first of many costs associated with the Texas DWI process. Judges have total discretion over bond amounts. Learn more.
- What is the phone number for the Travis county jail?The phone number for the Travis County Jail is (512) 854-9770.
- How do I find out if someone is in jail in Travis county?To search for recent Austin DWI arrests online, check the Travis County Sheriff’s Office website.
HOW MUCH DOES A FIRST OFFENSE DWI COST IN AUSTIN?
Being charged with DWI is expensive. Being convicted can be financially devastating. It’s impossible to put a price on what it’s worth to avoid incarceration and the potential of a permanent criminal conviction.
- How much does a DWI Cost?The maximum fine for a first or second DWI offense in Texas is $6,000.00. The maximum fine for a Felony DWI is $10,000.00. An effective DWI lawyer can fight for dismissal and work to mitigate consequences, saving time and money, potentially preserving your career and reputation. Learn more.
- How much does a good DWI lawyer cost in Austin?Fighting a DWI costs thousands of dollars. In Austin, even first-time offenders can face up to 365 days in jail. A powerful defense can be expensive, but well worth it to avoid the severe penalties, and potentially lifelong consequences of a criminal conviction. Learn more.
HOW CAN I BEAT A DWI IN AUSTIN?
DWI charges can be beat in Travis county. You must assert your constitutional rights, utilize due process to confront all witnesses, and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can’t win if you don’t fight! Learn more.
- How to get a DWI dismissed in Austin?Challenging evidence is the most effective way to dismiss a Austin DWI charge, whether it’s a DWI first-offense, DWI 2nd, or even a felony DWI 3rd or more. DWI arrests are warrantless arrests, therefore everything must be challenged. If a judge suppresses evidence, the State cannot use it to prosecute.
- What are the chances of DWI dismissal in Travis County?DWI charges are dismissed everyday in Travis county courtrooms. Charges are not dismissed through goodwill or luck, rather they are dismissed because a powerful defense forced the State prosecutors to dismiss the charge. It is critical to fight back, assert your constitutional rights, and do everything possible to avoid a final conviction. Learn more.
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.
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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.