While DWI is extremely common, it is a costly offense with serious consequences.
DWI – 1st Offense
A first time DWI offense is a class B Misdemeanor, which has a punishment range of 3 -180 days in jail, up to a $2,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.
DWI – 1st Offense with an Open Container
DWI with an open container is a Class B Misdemeanor, which has a punishment range of 6 -180 days in jail, up to a $2,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.
DWI – 1st Offense with a BAC .15 or Higher
A first time offense with a blood alcohol concentration of 0.15 or higher is a Class A Misdemeanor, which is punishable by 3-365 days in jail, up to a $4,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep license.
DWI – 2nd Offense
A second DWI offense (DWI-Repeat Offender) is a Class A Misdemeanor, and is punishable by 30-365 days in jail, up to a $4,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.
DWI with a Child Passenger
DWI with a Child Passenger is a State Jail Felony, which is punishable by 180 days – 2 years in a Texas State Jail facility, up to a $10,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.
DWI 3rd Offense or More
A third DWI (Habitual DWI) is a 3rd Degree Felony, which carries with it a punishment range of 2 – 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary, up to a $10,000 fine, Texas Driver’s License suspension for up to 2 years, and an annual DPS surcharge of up to $2,000 for 3 years to keep the license.
DWI offenses are not eligible for Deferred Adjudication in Texas. Therefore, if you receive probation you will have a lifelong conviction for the underlying DWI offense. The likelihood of DWI probation is entirely dependent on your history and the facts of your case.
Most all DWI probations include, but are not limited to monthly reporting to probation officer, restricted travel, up to a $2,000 fine, court costs, probation monitoring fees, DWI intervention or education program, an alcohol monitoring device, and community service hours.
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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.
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Trey Porter fought for me! I am a nurse and thought my career was over.
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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.
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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.