Category: DWI Charges

What is the difference between DUI and DWI in Texas?

DUI is when a minor under the legal drinking age of 21 operates a motor vehicle with any detectable amount of alcohol in their system. DUI (Driving Under the Influence) is a class C misdemeanor crime punishable by a maximum $500 fine, alcohol awareness, community service, and a driver’s license...

Is it worth fighting a DWI charge?

Driver’s convicted of DWI charges can face years of jail time, thousands of dollars in fines and fees, the loss of driving privileges, and potentially even their livelihood. With so much at stake, it is always worth fighting a DWI charge, no matter what the circumstances of your arrest. Can...

Texas DWI Penalties

Texas DWI Penalties are severe. First-time DWI offenders face up to 1 year in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. DWI offenders with multiple convictions face up to 10 years in prison....

How to beat a DWI in Texas

To beat a DWI charge in Texas, you must assert and protect your constitutional rights. You must 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. ...

Will DWI show up on a background check in Texas?

Yes -- DWI charges show up on a background check forever in Texas. If the DWI was dismissed without probation, it is eligible for deletion through expunction. DWI convictions can now be sealed in certain circumstances with an order of nondisclosure....

Can you go to jail for a DWI in Texas?

Everyone charged with DWI in Texas, even first-time offenders, faces a minimum of 6 months in jail. Texas DWI Penalties are severe. First-time DWI offenders face up to 1 year in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine...

How Much Does Insurance Go Up After DUI in Texas

A Texas DUI results in a distinguishable auto insurance rate hike, though these increases vary across insurance providers. On average, DUI offenders can see an increase of several hundred dollars a year on their car insurance. Some insurance companies may even refuse coverage following a DUI in Texas. Does DUI...

What Is a Blood Test For DWI In Texas?

A blood test is one of the methods used for investigating and prosecuting Driving While Intoxicated cases in Texas. The law requires drivers arrested for DWI in Texas to submit a breath or blood sample for forensic alcohol testing. A refusal can result in lengthy Texas driver’s license suspension and...

Will You Get Kicked Out of the Military for a DUI?

DUI is a serious offense of particular import to military members as they face significant military consequences in addition to the criminal charge. In some circumstances, a DUI can result in the removal of a service member from the United States military. Every military branch has different ways of punishing...

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Is a DWI a Misdemeanor or a Felony in Texas?

Can you be a teacher with a DWI in Texas?

What to do after DWI arrest in Austin?

It is essential to act quickly following a DWI arrest in Austin as driver’s license deadlines and court requirements immediately come into play. Texas mandates a 15 day deadline to contest a driver’s license suspension following a DWI arrest. Additionally, Travis County Community Justice Services often requires immediate compliance with...

What Does No Refusal Mean in Texas?

No Refusal is a policy where police obtain a search warrant to draw blood in the event of a breath or blood test refusal....

Can You Buy a Gun With a DWI in Texas?

A misdemeanor DWI will not prevent you from buying a gun in Texas. However, there may be bond conditions that restrict you from buying or owning firearms....

Your Legal Roadmap: Answering Your Questions

Question 1

What are the penalties for a first-time DWI/DUI offense in Texas?

Texas DWI Penalties are severe. First-time DWI offenders face up to 1 year in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. DWI offenders with multiple convictions face up to 10 years in prison. Read more.

Question 2

How long will a DWI/DUI conviction stay on my record in Texas?

DWI charges show up on a background check forever in Texas. If the DWI was dismissed without probation, it is eligible for deletion through expunction. DWI convictions can now be sealed in certain circumstances with an order of nondisclosure. Read more.

Question 3

Do I need an attorney for a DWI/DUI case in Texas?

Yes. Texas has some of the harshest penalties in the nation for DWI and other intoxication offenses. If you have been charged with DWI it is critical to hire an attorney. Your choice in representation can make the difference between a temporary inconvenience and a lifelong criminal conviction. Read more.

Question 4

What is the difference between DWI and DUI in Texas?

DUI is a Class C Misdemeanor in Texas that 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.

DWI is a Class B Misdemeanor in Texas (unless enhanced). It is legal for an adult to operate a motor vehicle with alcohol in their body, so long as their BAC is under 0.08 at the time of operation. The penalties for both DUI and DWI are severe and come with lifelong consequences. Read more.

Question 5

Can you beat a DWI charge in Texas?

To beat a DWI charge in Texas, you must assert and protect your constitutional rights. You must 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. Read more.

Question 6

Can you go to jail for a DWI in Texas?

Everyone charged with DWI in Texas, even first-time offenders, faces a minimum of 6 months in jail. Texas DWI Penalties are severe. First-time DWI offenders face up to 1 year in jail, a $6,000.00 fine, court costs, a driver license suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. DWI offenders with multiple convictions face up to 10 years in prison. Read more.

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What our clients think about us

M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

B. Patel

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!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

100/100
Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

5 STAR!
I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

Winning
I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

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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.

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.

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