AUSTIN DWI LAWYERS

Aggressive DWI Defense for Austin, Round Rock, Georgetown & San Marcos

Trey Porter Law is an Austin DWI law firm focused on dismissals and charge reductions. Our team is built with trial lawyers who each bring 15+ years of experience to the courtroom, backed by a professional admin staff for real-time help and everyday problem-solving.

Our goal is simple: get you through this with less stress and the best possible result.

From our home base off MoPac, we represent clients arrested across Travis County and the Austin metro area, including Round Rock, Georgetown, and San Marcos.

This page explains the Austin DWI process, Texas DWI penalties, and defense strategies that work in the courtroom.

Call for a free, same-day consultation: (512) 201-4381.
Trey Porter Law is located near Zilker Park at 901 S MoPac Expy Bldg. 1, Suite 300, Austin, TX 78746.

Reviewed by Trey Porter
DWI Defense Attorney

Trey Porter defends DWI charges in Austin with a focus on protecting driver’s licenses, criminal records, and futures. A member of the National College for DUI Defense, the Texas Criminal Defense Lawyers Association, and the Austin Criminal Defense Lawyers Association, he has helped thousands of people fight DWI arrests and pursue the best possible outcome.

This page was reviewed for legal accuracy for Austin and Travis County, including nearby communities such as Round Rock, Georgetown, and San Marcos, in January 2026.

WHAT TO DO AFTER A DWI ARREST

The first three things to do after a DWI arrest in Austin are:

Identify your court date and bond conditions.

Request an ALR (Administrative License Revocation) hearing with Texas DPS to slow down the driver’s license suspension.

Hire an experienced DWI attorney in Austin to begin protecting your case immediately.

You have 15 days from the date of your arrest to request an ALR hearing, or your driver’s license will be automatically suspended. These deadlines apply the same way after Texas DWI arrests, and they catch many people off guard. Court dates can come quickly — even though the overall DWI process moves slowly and requires sustained, strategic pressure from the defense.

Led by nationally recognized DWI defense lawyer Trey Porter, our team moves immediately to protect your driver’s license, challenge the evidence, and fight a DWI charge under Texas DWI laws for the strongest possible result. Many people searching for “what to do after a DWI in Texas,” “Austin DWI attorney,” or “DWI lawyer near me” are navigating these steps in real time — and timing matters.

At Trey Porter Law, we believe the best defense is a powerful offense. We are not a wait-and-see or hope-for-the-best law firm. Our DWI lawyers build a game plan and hit the ground running — leveraging constitutional rights to challenge traffic stops, analyze blood and breath evidence, and review body-cam footage and field sobriety testing to expose probable cause and procedural errors.

Whether your DWI case is in Travis County, Williamson County, or Hays County, our goal is the same: Dismissal.

AUSTIN-AREA DWI DEFENSE: ROUND ROCK, GEORGETOWN, & SAN MARCOS

From our office near Zilker Park, we serve clients across the entire Austin metro — from downtown and the University of Texas up to Round Rock and Georgetown, and south on I-35 to San Marcos. DWI enforcement along this corridor is constant. Travis, Williamson, and Hays County each approach these cases differently, and the jurisdiction you’re in impacts how fast your case moves and how aggressively the State prosecutes it.

That’s where our experience matters.

Our Austin-area DWI lawyers defend cases every week in all three counties — from first-offense DWI and high-BAC cases to repeat allegations like DWI 2nd and DWI 3rd. Our seasoned DWI lawyers have decades of experience working with the prosecutors, judges, and court staff that shape case outcomes.

This gives our clients a real advantage.

Representing students, teachers, engineers, medical professionals, and executives has given us something that can’t be manufactured: local insight. We know the tendencies of APD, Round Rock PD, San Marcos PD, and the sheriff’s deputies working the I-35 corridor, and we leverage that knowledge to build powerful defenses that break through and get real results in courtrooms.

Whether your arrest happened in Austin, Round Rock, Georgetown, or San Marcos, our mission is always the same: protect your driver’s license, preserve your quality of life, and fight for the best result possible in your DWI case.

Round Rock DWI Defense

The Round Rock DWI lawyers at Trey Porter Law have decades of experience in Williamson County. The firm works a DWI docket primarily focused on DWI First Offense, because it’s one of the most common charges for professionals in this area. When a DWI arrest in Round Rock happens, having a Round Rock DWI attorney who understands WilCo practice is critical.

Most Round Rock DWI arrests are made by the Round Rock Police Department, but all misdemeanor and felony DWI cases are prosecuted at the Williamson County Justice Center in downtown Georgetown — the hub for every DWI case filed in WilCo.

Trey Porter Law has significant experience representing medical professionals – both doctors and nurses – across Central Texas in DWI matters, including those working in the Round Rock–Austin medical corridor near Ascension Seton, St. David’s, and BSW Round Rock. The firm also represents engineers, IT professionals, and corporate leaders employed at Dell, Emerson, Amazon, and other major Round Rock companies. We understand the licensing, employment, and background-check concerns that frequently arise in these cases, and we structure every defense strategy with those professional consequences in mind.

Whether the arrest followed dinner in La Frontera or a drink on Main Street, every DWI case carries constitutionally protected rights: the right to challenge the traffic stop, contest the evidence, and defend the charge in court. Our Austin-area DWI defense team applies constitutional expertise and extensive courtroom experience to Round Rock DWI cases, working to protect clients from the significant consequences of Williamson County prosecution and the harsh DWI penalties that can follow.

Georgetown DWI Defense

Trey Porter Law works a DWI docket in Georgetown, the county seat of Williamson County. All Georgetown DWI cases are heard in the Williamson County Justice Center, where every misdemeanor and felony DWI charge in WilCo is prosecuted. The historic 100-year-old courthouse on the Square remains in use, but criminal cases are handled exclusively at the Justice Center just a few blocks away.

The Georgetown DWI lawyers at Trey Porter Law regularly defend cases across Williamson County involving high BAC levels, accident investigations, and open containers. Georgetown arrests are primarily made by the Georgetown Police Department and the Williamson County Sheriff’s Office. Texas DPS Troopers also serve as lead investigators on many cases due to the city’s proximity to I-35. A DWI arrest in Georgetown often involves roadside field sobriety tests, dash-cam and body-cam footage, and chemical testing that must be examined critically.

Our Georgetown clients range from long-time county residents to professionals and families drawn to the city’s charm and location. We represent students from Southwestern University — where a DWI arrest can trigger conduct consequences — as well as the thousands of visitors who travel to Georgetown each year for festivals, from Red Poppy to both nights of Two Step Inn.

Over the years, we’ve learned how to challenge probable cause determinations, field sobriety testing, and the validity of blood-draw warrants. The law is the same statewide, but local judicial temperament determines how it’s applied in practice in Georgetown. Every case and client is different, but the goal remains the same: protect quality of life in the short term while working toward the best legal result long term.

Years of experience and local relationships guide this mission from the first intake call through final disposition, giving our Georgetown DWI attorneys a meaningful advantage in court.

San Marcos DWI Defense

Trey Porter Law handles every type of DWI case in San Marcos. With a population now over 300,000 residents, Hays County is one of the fastest-growing counties on the I-35 corridor — and one of the busiest for DWI enforcement across Central Texas.

We represent families who have lived and worked along the San Marcos River for generations, transplants who moved here for hospitality or Amazon careers, logistics and transportation professionals passing through, and every variety of Bobcat. Our team proudly defends the rights and records of Texas State University’s 44,000+ students, faculty, and staff facing DWI charges in San Marcos.

The San Marcos Police Department conducts most DWI arrests in the area — on the Square, near campus, downtown, and throughout the interstate corridor. Our criminal defense attorneys have years of experience challenging SFST administration, traffic-stop justifications, and compliance with departmental procedures. We move quickly to protect your driver’s license and challenge evidence, because Hays County prosecutors take an aggressive, compliance-focused approach to DWI cases.

Hays County operates out of a modern, well-organized Government Center where the District Attorney and all criminal courts are located. Our San Marcos DWI lawyers know the halls, courtrooms, staff, and processes well, having defended DWI and related charges there for more than a decade. We understand what holds up in Hays County courts, what doesn’t, and how to position each case for the strongest possible legal outcome.

Trey Porter Law’s approach is grounded in preparation, constitutional analysis, and courtroom experience. We know how to navigate the tendencies of San Marcos PD, Texas State University PD, and the sheriff’s deputies working Hays County — and how to use that knowledge to fight for the best result possible after a DWI arrest in San Marcos.

DWI CHARGES WE DEFEND IN CENTRAL TEXAS

The experienced DWI lawyers at Trey Porter Law defend every level of DWI charge across the Austin metro, including misdemeanor and felony DWI offenses such as:

DUI Minor Under 21

DWI First Offense

DWI with BAC 0.15 or Higher

DWI Second Offense

DWI with Child Passenger

Felony DWI Third or More

DWI Involving Accidents or Property Damage

DWI with Blood or Breath Test Failures

DWI Refusal Cases

Driver’s License Suspension ALR Hearings

Driver’s License Suspension Occupational License

We start by protecting your driver’s license to minimize life interruptions. From there, our criminal defense attorneys hunt for the pressure points that shape DWI cases in Travis, Williamson, and Hays County — including the sufficiency of the traffic stop, the accuracy of field testing, and the reliability of any breath or blood analysis. This is where Texas DWI penalties and long-term consequences can be avoided or reduced.

Our administrative team keeps cases organized, deadlines managed, and clients supported while the legal fight unfolds. This structure allows our DWI defense attorneys in Austin to stay focused on building a defense that challenges the State’s evidence and positions every drunk driving case for the strongest possible outcome.

WHAT HAPPENS AFTER A DWI ARREST?

Right after a DWI arrest in Austin, a person faces an immediate driver’s license suspension, bond requirements that include court appearances, drug testing, and restrictions on travel, alcohol, and firearm possession.

Professionals and students also face disclosure obligations that can trigger consequences ranging from disciplinary action to suspension or termination. Here’s a basic breakdown of what happens right after being arrested for DWI in Austin:

Breath or blood testing while in custody, often following roadside field sobriety tests

Magistrate judge sets bond and bond conditions

Release from jail on bail bond, cash bond, or PR bond

ALR hearing request due in 15 days to Texas DPS

First court date – arraignment on the DWI charge

Each county in the Austin metro — Travis, Williamson, and Hays — follows its own scheduling practices, appearance requirements, and case-management procedures. These differences shape DWI defense strategy from day one and impact how quickly a DWI case moves through the system.

Travis County — Austin DWI

Travis County prosecutors have historically taken a practical approach to resolving DWI cases. That’s changing. Our Austin DWI lawyers have seen a conservative shift in the last several years — prosecutors are tougher, offers are tighter, and cases require more aggressive defense work to secure a great result. A skilled Austin DWI attorney must now be prepared to litigate more issues, from body-cam evidence to suppression motions.

Where DWI cases are heard in Austin:
Blackwell-Thurman Criminal Justice Center
509 W 11th St, Austin TX 78701

Travis County Prosecutor:
Delia Garza
Travis County Attorney’s Office

Two key things to know about Austin DWI cases:

Pretrial Diversion (PTD): Available only in select DWI cases, PTD is the best achievable result because successful completion triggers immediate eligibility for expunction.
Counseling & Education Requirements: Travis County heavily emphasizes pretrial counseling and education programs. These are often mandatory, and even when not required can serve as powerful mitigating factors when handled proactively by your DWI defense attorney.

Williamson County — Round Rock and Georgetown DWI

Williamson County is tougher than Austin on DWI cases. The prosecutors, judges, and even the security at the front door operate with a more conservative, formal approach — and that tone carries through every stage of the process. WilCo DWI penalties, probation conditions, and plea policies are notably strict.

Where DWI cases are heard in Georgetown:
Williamson County Justice Center
405 Martin Luther King Jr St.
Georgetown, TX 78626

Williamson County Prosecutor:
Dee Hobbs
Williamson County Attorney’s Office

Two key things to know about DWI in Georgetown and Round Rock:

Pretrial Intervention Program (PTIP): WilCo’s PTIP is available in limited DWI cases. It’s a strong opportunity, but expunction eligibility can be restricted by local policy, so the program must be evaluated carefully from the start with a Williamson County DWI attorney.
All Round Rock DWIs Are Prosecuted in Georgetown: Even though Round Rock is the larger city, all misdemeanor and felony DWI cases are filed and prosecuted at the Williamson County Justice Center. Everything connected to a Round Rock DWI happens in Georgetown — from docket calls to plea negotiations to trial settings — making local experience in that courthouse critical.

Hays County — San Marcos DWI

San Marcos DWI cases typically take 8–10 months — sometimes longer — to resolve. DWI dockets in Hays County are a mix of students, professionals, long-time residents, and non-residents arrested while driving the I-35 corridor. The volume and diversity of these cases contribute to a process that moves slowly and requires sustained, strategic pressure from the defense.

Where DWI cases are heard in San Marcos:
Hays County Government Center
712 S Stagecoach Trail
San Marcos, TX 78666

Hays County Prosecutor:
Kelly Higgins
Hays County District Attorney’s Office

Two important things to know about San Marcos DWI cases:

No Pretrial Diversion (PTD): Hays County does not offer PTD for DWI. Dismissal must come from a legal or procedural challenge, completion of Deferred Adjudication, or an acquittal at trial. Motions to suppress evidence and challenges to the legality of the stop and arrest are especially important here.
Early Termination Is Possible: Hays County judges are not afraid to grant early termination of probation in qualifying cases. Our San Marcos DWI lawyers have secured early release for military veterans, students, and working professionals after months of compliance — a result that can meaningfully reduce long-term consequences.

EXPERIENCED TEXAS DWI LAWYERS

Trey Porter Law has represented thousands of people facing DWI charges across Travis, Williamson, and Hays County — professionals, students, engineers, teachers, service-industry workers, and families from every part of the Austin metro.

Working cases in the Blackwell-Thurman Justice Center, the Williamson County Justice Center, and the Hays County Government Center has given our team practical, inside-the-courthouse insight into how prosecutors build cases, how judges rule on key issues, and what it takes to win a drunk driving case in Texas.

Results matter most. Our experience is the foundation that drives our success and allows our Austin DWI attorneys to deliver real, measurable outcomes.

WHAT IS A DWI IN TEXAS?

A DWI is a criminal offense in Texas. It can be charged as a misdemeanor or a felony depending on the circumstances. Under Texas Penal Code §49.04 — the primary Texas DWI statute governing drunk driving offenses — a person commits DWI by operating a motor vehicle in a public place while “intoxicated.” The State must prove intoxication in one of three ways:

0.08 BAC — A blood alcohol concentration of 0.08 or higher, established through breath or blood testing.
Loss of Faculties — Alcohol: Not having the normal use of mental or physical faculties because of alcohol. Prosecutors rely on officer observations, standardized field sobriety tests, and body-camera evidence to make this showing.
Loss of Faculties — Drugs: Impairment caused by prescription medication, illegal drugs, or a combination of substances. The State uses officer testimony, field evaluations, and toxicology to prove drug-based impairment. DRE certification is not required for prosecutors to pursue this type of DWI.

This is the legal definition of intoxication applied in Austin, Round Rock, Georgetown, and San Marcos DWI arrests.

WHAT ARE THE PENALTIES FOR A DWI IN TEXAS?

Texas has strict criminal and administrative penalties for DWI offenses. The specific punishment level depends on the details of the incident and a person’s criminal history.

Class B Misdemeanor — First Offense
Jail Range: 3 to 180 days
Maximum Fine: $2,000
License Suspension: 90 days to 1 year

Class A Misdemeanor — BAC ≥ 0.15
Jail Range: 72 hours to 1 year
Maximum Fine: $4,000
License Suspension: 90 days to 1 year

State Jail Felony — DWI With Child Passenger
State Jail Range: 180 days to 2 years
Maximum Fine: $10,000
License Suspension: 180 days to 2 years

Third Degree Felony — Third DWI or More
Prison Range: 2 to 10 years
Maximum Fine: $10,000
License Suspension: 180 days to 2 years

A DWI conviction in Texas triggers consequences far beyond fines and jail. It creates a permanent criminal record, increases the risk of future penalties, and can lead to ignition interlock requirements, DPS surcharges, and long-term driver’s license restrictions.

A DWI probation sentence can still involve classes, community service, and strict conditions that affect everyday life. A DWI also carries serious employment and college-admissions consequences, because it appears on every standard background check. Related alcohol allegations like Public Intoxication Charges in Austin can bring similar collateral issues. Understanding the full scope of Texas DWI penalties is critical when evaluating your options and building the strongest defense.

HOW TO GET A DWI DISMISSED IN TEXAS?

A DWI can be dismissed in Texas when the defense exposes legal defects, investigation errors, or procedural errors in the case — these are the pathways to dismissal under Texas law. Most dismissals come from three pressure points:

Challenging the traffic stop

Challenging probable cause for arrest

Challenging breath or blood test evidence

If the stop lacks reasonable suspicion, if field sobriety testing was administered improperly, or if chemical testing procedures weren’t followed, key evidence can be suppressed — and suppression is often what leads to dismissal. DWI dismissals also occur when the defense exposes weaknesses in the State’s evidence early in the process and applies strategic pressure through discovery, suppression motions, and pretrial litigation.

For the full breakdown of dismissal strategies, including suppression motions and evidentiary challenges, see Trey Porter’s guide: How to Beat a DWI Charge in Texas.

WHAT HAPPENS TO MY DRIVER’S LICENSE AFTER AN AUSTIN DWI?

After an Austin DWI arrest, your driver’s license is at immediate risk of suspension. Three things happen quickly:

15-Day Deadline: There are 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing with Texas DPS. If the deadline is missed, the driver’s license is suspended automatically, and no exception applies. This is often called a “hard suspension” in Texas.
ALR Hearing in Austin: Requesting the hearing delays the suspension and gives the defense an early opportunity to question the arresting officer under oath. Testimony from this hearing often exposes weaknesses in the State’s evidence that become critical in the criminal DWI case.
If Suspended: If DPS imposes a suspension, the defense can petition the court for an Occupational Driver’s License (ODL) — also called an essential-needs license — allowing continued lawful driving for work, school, childcare, and other necessary duties.

This driver’s license process runs on a separate track from the criminal DWI case, and both must be managed carefully to protect driving privileges in Austin and the surrounding counties.

LOCAL EXPERIENCE. REAL RESULTS.

Trey Porter Law represents people facing every type of DWI charge across the Austin-area — from downtown Austin and the University of Texas to Round Rock, Georgetown, and San Marcos. Our team works DWI cases every week involving:

High-BAC arrests requiring analysis of breath and blood testing

Accident-related investigations and crash-scene evidence

Drug-based DWI allegations involving prescription or illegal substances

Second and third DWI arrests with enhanced penalties

Cases involving professionals and students with licensing or academic concerns

Years of work inside the Blackwell-Thurman Justice Center, the Williamson County Justice Center, and the Hays County Government Center have given us practical local insight into how prosecutors build cases and how judges come down on the issues that turn them. This boots-on-the-ground experience provides a real strategic advantage and allows our Austin DWI attorneys to position every case for dismissal or reduction.

WHY CHOOSE TREY PORTER LAW?

Texans choose Trey Porter Law for exceptional communication, hard-nosed criminal defense, and a results-driven team built to win. People facing DWI charges in Austin turn to us because we deliver clarity, confidence, and proven courtroom experience when it matters most.

We Limit Our Caseload to Maximize Your Defense
Most firms operate on volume; we operate on precision. Trey Porter Law intentionally caps the number of cases we accept so every client receives the focused, high-level advocacy their case demands. This approach ensures your defense gets the attention it deserves from day one.
A Decisive Advantage in Local Courts
Criminal law is intensely local, and our team maintains active DWI dockets in Travis, Williamson, and Hays Counties. We know how prosecutors approach these cases, how judges rule on pivotal issues, and how each court manages its calendar. That local insight becomes leverage in your defense and sets our Austin DWI attorneys apart.
40+ Years of Combined Experience in Texas DWI Defense
Experience matters — but dedicated DWI experience wins cases. With more than four decades of combined advocacy, our attorneys have the technical depth to challenge breath and blood testing, field sobriety procedures, traffic-stop justifications, and the evidentiary issues that shape outcomes in Austin-area courts.

Protecting Your Career, Not Just Your Record
We understand the stakes for professionals, students, licensed employees, and anyone whose future depends on a clean record. Every strategy is built to position your case for dismissal or reduction while protecting your driver’s license, your employment, and your future opportunities in Texas.

CAN A DWI BE EXPUNGED IN TEXAS?

Yes — but only in limited scenarios. A DWI can be expunged in Texas if the charge is dismissed without probation, the statute of limitations expires without a filing, you successfully complete Pretrial Diversion, or you’re acquitted at trial. Otherwise, a DWI stays on your record forever, because a conviction can never be expunged under Texas law. DWI charges dismissed after Deferred Adjudication are also ineligible for expunction.

In Austin and the surrounding counties, expunging a DWI requires careful review of the case history and local policies before filing any petition.

HOW LONG DOES A DWI STAY ON YOUR RECORD?

Forever. A DWI stays on your record permanently in Texas unless it’s expunged or sealed through an order of nondisclosure. Texas doesn’t remove or “wash out” DWI convictions after a set number of years. A DWI conviction stays visible on criminal background checks, employment screens, and licensing reviews unless it’s cleared through one of these legal remedies.

For people arrested for DWI in Austin, Round Rock, Georgetown, or San Marcos, understanding these DWI expunction options and nondisclosure eligibility requirements early can shape the defense strategy from the start.

WHAT HAPPENS ON THE FIRST COURT DATE FOR A DWI?

Nothing substantial happens on the first court date in a DWI case. Traditionally called an arraignment, the first setting is simply a procedural check-in. At this court date:

You wait for your case to be called

The judge confirms bond conditions

Attorneys meet briefly with prosecutors

A new court date is issued

That’s it. No evidence is presented and nothing is decided. In Austin, many first settings are attorney-only or reset without requiring the client to appear, especially when a DWI attorney has already been hired and is actively working on the case.

IS JAIL MANDATORY FOR A FIRST DWI IN AUSTIN?

No. Jail isn’t mandatory for a first DWI in Austin. In Travis County, most first-offense DWI cases are resolved through probation, not additional jail time. The same pattern holds in Williamson and Hays Counties, where first-time offenders can avoid jail when the case is handled by an experienced criminal defense attorney.

Avoiding jail is only the starting point. The real advantage the best Austin DWI lawyers deliver is positioning the case for a result that protects future eligibility for sealing or expunging the record through Texas expunction or nondisclosure law.

WHAT IS THE DIFFERENCE BETWEEN DWI AND DUI IN TEXAS?

In Texas, DUI applies only to minors under 21 with any detectable amount of alcohol. DWI applies to adults and requires proof of intoxication — either a 0.08 BAC or loss of normal mental or physical faculties. Minors can still be charged with DWI if the evidence supports intoxication, but adults can’t be charged with DUI under Texas law.

In the Austin area, this means a college student from the University of Texas or Texas State University could face either DUI or DWI depending on age and the level of impairment, while adults will only be charged under the DWI statute.

Austin Criminal Defense and Record Clearing

Trey Porter Law serves Austin, Round Rock, Georgetown, and San Marcos with focused representation in DWI, Public Intoxication, and Expungement.

Client Reviews

M. Camarillo

I called Trey Porter Law after being arrested for a DWI on the night of my engagement. As this was my first time having a run in with the law, I was obviously quite scared and nervous for the future. They made the whole legal process run very smoothly and they answered all of my questions with great care and diligence.

A. Sosa

There are many scary moments that occur when dealing with arrests, especially for something like a DWI. However the moment I met with Trey in his office to discuss my case, I felt very confident in his offer to help me. His demeanor as a person and a lawyer is friendly, polite, and extremely knowledgeable about what he does.

G. Kesl

Extremely professional. Incredible service with a personal touch. Trey and staff were always available when I needed them. I would recommend Trey Porter Law to anyone!

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Trey Porter Law
901 S MoPac Expy Bldg.1, Suite 300, Austin, TX 78746

Phone: (512) 201-4381