Austin DWI Lawyer
Driving While Intoxicated is a very serious charge. If you are facing a DWI in Austin, 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.
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’s 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 an 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.
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.
Austin 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 Austin
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 Austin 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.
Austin 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.
Trey Porter named Best DWI Lawyer
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He holds a 10.0 Superb rating from AVVO, and Three Best Rated has designated him a Best Lawyer in the fields of DWI and DUI. Having fought for the rights of thousands of individuals over his career, the National Trial Lawyers Association has ranked Mr. Porter as a Top 40 Under 40 Criminal Defense Lawyer.
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.
San Antonio DUI Lawyer
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
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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.