San Marcos DWI Lawyer

TOP-RATED DWI ATTORNEY IN SAN MARCOS

DWI violations impact driving privileges, employment, and ability to travel. DWI is a criminal misdemeanor with a maximum punishment of one year in jail. 

Trey Porter is a dynamic advocate, nationally recognized for his work in Texas Criminal Defense. Voted by his peers as the 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 Texas Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated on being a skillful litigator, client satisfaction, peer endorsements, and positive results.

IMPACT AND REPERCUSSIONS OF A DWI IN SAN MARCOS

The Hays County District Attorney seeks a conviction in every case and does not dismiss charges for first-time offenders.

• Can a DWI be dismissed in San Marcos?

DWI charges can be dismissed by challenging the State’s evidence. DWI arrests are warrantless arrests. Officers must establish reasonable suspicion, integrity of sobriety testing, and probable cause in every case, every time, without exception.

• 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.

FIRST-TIME DWI OFFENSE IN SAN MARCOS

After being arrested, everyone is eventually taken to the Hays County Jail in San Marcos for processing and an eventual appearance before a magistrate judge who will set the bond amount. This process is slow, impractical, and frustrating. After release, defendants are provided with court and property return information. It often takes 8-10 months from jail release before a DWI case is resolved.

• What to expect after a first-time arrest in Hays County

The process for resolving a first-time San Marcos DWI is long. However, critical deadlines begin immediately. There are only 15 days to contest the automatic driver’s license suspension. The contest is important, and should not be missed. The first court setting 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 hire a San Marcos DWI lawyer ahead of these early dates and deadlines.

• Drinking while on DWI bond in Hays County

Drinking while on bond is prohibited. This pretrial condition can be checked through drug testing during the pendency of the case in Hays County courts.

PROCEDURE FOR LICENSE REINSTATEMENT AFTER A DWI IN SAN MARCOS

Driving privileges are subject to suspension after a DWI conviction, but they are not immediately suspended. A replacement driver’s license can be requested from the Texas Department of Public Safety online.

• Do licenses get suspended for a first DWI in Hays County?

Yes, driving privileges are suspended after an arrest for DWI in San Marcos.

• How long can a driver’s license be suspended for DWI in Texas?

Driving privileges are suspended for 90 – 180 days after an arrest for DWI. Commercially licensed drivers face significantly longer periods of suspension.

• Driving with a suspended license in Hays county

It is not possible to legally drive with a suspended license in Texas. Driving with a suspended license while a DWI is pending in San Marcos 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.

PROBABILITY OF JAIL SENTENCE FOR A FIRST-TIME CHARGE IN SAN MARCOS

Jail time is a possibility for first-time DWI offenders. So it is important to seek legal counsel after a DWI arrest.

• What is the penalty for a first-time DWI in Hays County?

A first-time DWI violation in San Marcos is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months.

• What is the punishment for the first DWI in San Marcos?

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.  An experienced, resourceful defense law firm can make the difference between a dismissal and a conviction.

• Is a first DWI a felony in San Marcos?

No, a first-time DWI conviction in Hays County is a Class B misdemeanor. However, aggravating factors can result in felony charges depending on the details of the case.

PENALTIES ASSOCIATED WITH A DWI OFFENSE IN SAN MARCOS

Many penalties can occur as a result of a DWI offense in Texas. A DWI can cause the loss of the right to carry a concealed weapon, travel outside of the area or country, drive a vehicle, and much more.

• What are the penalties for Class A DWI Conviction in San Marcos?

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’s license suspension.

• What are the penalties for DWI .15+ charge in San Marcos?

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’s license suspension.

• What are the penalties for DWI with Open Container in San Marcos?

Driving While Intoxicated with an Open Container is a Class A or B misdemeanor. A conviction can result in a minimum of 6 days in jail because of the Open Container enhancement.

• What is the penalty for DWI with a child passenger in Hays County?

Driving While Intoxicated with a Child Passenger is considered a felony and the maximum fine is $10,000.00. The maximum period of confinement is 24 months. 

• What are the penalties for DUI Charges?

A first-time DUI charge in Texas is a Class C misdemeanor. Defendants may need to pay a fine of up to $500.00, attend court-ordered drug and alcohol awareness classes, perform community service, and attend driving safety courses.

SECOND DWI OFFENSE IN SAN MARCOS

Upon release on bond for a second DWI offense in Hays County, the installation of an ignition interlock device will be required. 

• How much does a second DWI cost?

A second DWI can result in a fine of up to $6,000.00. Additionally, court costs, probation, and pretrial fees can cost thousands of dollars.

• What happens if a third DWI occurs?

After two DWI convictions, the third charge is a felony charge with a maximum penalty of 10 years in prison and permanent convicted felon status.

• Can a DWI be removed from the record?

DWI charges and convictions can be sealed or deleted from a person’s record. This happens through the process of nondisclosure and expunction. But, the defendant must meet specific criteria.

• How long does a DWI stay on the record in Texas?

A DWI conviction stays on the record forever, even if there was no conviction. A conviction in San Marcos or elsewhere in Texas also becomes part of a permanent criminal record.

Driving While Intoxicated vs Driving Under The Influence

Driving Under the Influence is a Class C misdemeanor and only applies to minors under 21.

• Can jail time be avoided for the first DUI?

Yes. A DUI is a Class C misdemeanor. Aside from the initial arrest, jail is not legally available as a punishment.

• What is the average cost of a DUI in Texas?

The average cost to fight a DUI charge in San Marcos is at least thousands of dollars.

OUTCOMES OF A FIRST DUI OFFENSE IN SAN MARCOS

After the first DUI charge in Hays County, a court date will be generated. Ahead of the court setting, it is important to seek help from an experienced DWI lawyer. 

• Does a DUI show up on a background check in San Marcos?

Yes, DUI charges will show up on background checks in Texas. If a conviction occurs, a DUI cannot be expunged or sealed through nondisclosure. 

• Can San Marcos DUI charges be dismissed?

Yes, DUI and DWI charges can be dismissed in San Marcos. Dismissal is the first step towards deleting the entire incident through expunction.

JAIL RELEASE TIMELINE FOLLOWING A DWI ARREST IN HAYS COUNTY

Jail release in San Marcos can take up to, and sometimes longer than, 24 hours. It’s a complicated, time-consuming process. Updated information for people arrested in Hays County can be obtained by contacting the Hays County Jail.

• How much is bail for a DWI in San Marcos?

Bail for first-time DWI charges in Texas rarely exceeds $5,000.00. 

FINANCIAL IMPACT OF A FIRST-TIME DWI IN SAN MARCOS

Driving While Intoxicated can lead to some serious financial responsibilities. Between court costs, the cost of an attorney, missed work, and more, the cost of a DWI in San Marcos can be incredibly high.

• How much does a DWI Cost?

The maximum fine for a first or second DWI offense in Texas is $6,000.00. The fine for a felony DWI can cost up to $10,000.00.

• How much does a DWI lawyer cost in San Marcos?

Getting help from a DWI attorney can be expensive. But having a robust defense is well worth it.

DEFENSE STRATEGY TO CHALLENGE A DWI CHARGE IN SAN MARCOS

DWI charges in Hays County can be beaten.The DWI attorneys at Trey Porter Law have the skill and experience to prevail in even the toughest of circumstances. Those seeking the best outcome in a San Marcos DWI case should consider fighting the DWI charge by invoking their right to legal counsel, and asserting their powerful constitutional rights to challenge the State’s evidence.  

Resources for DWI in San Marcos

The following resources can be helpful when facing a DWI in San Marcos, Texas. Please note that these resources are not to be used as a substitute for legal advice and counsel.

Department of Public Safety (DPS):

• The Texas Department of Public Safety (DPS) handles driver’s licenses. Information regarding license suspension and other related matters can be found on their website: 
• Website: Department of Public Safety (DPS)

San Marcos Police Department:

• Contact the San Marcos Police Department to inquire about the specific details of the arrest and any other relevant information.
• Website: San Marcos Police Department

Hays County District Clerk’s Office:

• You can contact the Hays County District Clerk’s Office for assistance in locating information about criminal court cases.
• Website: Hays County District Clerk’s Office

Hays County Sheriff’s Office:

• The Hays County Sheriff’s Office is the law enforcement agency responsible for Hays County, Texas.
• Website: Hays County Sheriff’s Office

San Marcos Municipal Court:

• The municipal court in San Marcos, Texas, handles various legal matters, including traffic violations and other municipal offenses.
• Website: San Marcos Municipal Court

Texas Department of Criminal Justice (TDCJ):

• If the case progresses to the point of incarceration, the TDCJ website provides information about the relevant correctional facilities.
• Website: Texas Department of Criminal Justice (TDCJ)