DWI 1st Offense in San Marcos
A first-time DWI charge in Hays County 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 is permanent, and results in a driver license suspension. Learn more.
DWI charges can be enhanced by certain factors. These enhancements result in more severe penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights.
WHAT HAPPENS WITH A DWI FIRST CHARGE?
- DWI with a Blood Alcohol Concentration (BAC) of .15 or higher is a Class A Misdemeanor. The maximum fine is $6,000.00, and the maximum punishment is 12 months in the Hays County Jail. 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. The maximum punishment is up to 12 months incarceration in the Hays County Jail. 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 a 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.
CAN A DWI BE DISMISSED IN SAN MARCOS?
Yes. DWI charges can be dismissed in San Marcos. If you are facing a DWI in Hays County, even as a first offense, the stakes are high. The State is not going to “take it easy” just because it’s your first offense. That’s why it is critical to fight back, assert your constitutional rights, and do everything possible to avoid a final conviction.
- Can a DWI be dismissed for a bad traffic stop?Police officers are often wrong about the law. San Marcos police officers are regularly disciplined for failing to follow procedure or misconduct.In a DWI case, a judge has the power to determine if the officer’s stated reason for a traffic stop is erroneous. If the judge determines the stop is bad, everything following the stop will be excluded. Without additional aggravating factors, a bad traffic stop results in a DWI dismissal.
- Can a DWI be dismissed for lack of probable cause?All first-offense DWI cases in San Marcos are set in a Hays County Court. The judges in these courts are empowered by law to dismiss charges where an arrest was made illegally, without probable cause.Officers are trained to look for signs of impairment during traffic stops by administering field sobriety tests that follow the National Highway Traffic Safety Administration (NHTSA) standards. Absent signs of impairment or intoxication, an arrest will be invalidated, and the DWI charge dismissed.
CAN DWI CHARGES IN SAN MARCOS BE REDUCED?
Yes. An enhanced DWI offense may be reduced. A first-time DWI charge may be elevated to a Class A Misdemeanor or, in some circumstances, a State Jail Felony. In San Marcos, the Hays County District Attorney’s Office has the power to “waive” the enhancement, and proceed on a Class B Misdemeanor DWI.
- Can a DWI be Reduced to Obstruction of a Highway or Reckless Driving?Prior to September 1, 2019, a person charged with DWI in San Marcos or anywhere in Texas was not eligible to apply for Deferred Adjudication. As a work-around, many prosecutorial offices would, in certain circumstances, allow defendants to plead to a different offense like Obstruction of a Highway or Reckless Driving. This would allow a judge to grant the defendant’s application for Deferred Adjudication and avoid a final conviction.With the passage of Texas House Bill 3582, first-time DWI offenders are now eligible to apply for Deferred Adjudication. This has largely ended the practice of allowing defendants to plead to other charges like Obstruction of a Highway or Reckless Driving.
WHAT HAPPENS WITH A FIRST DWI IN SAN MARCOS?
After being arrested for DWI, defendants see a magistrate judge. The magistrate judge sets a bond amount, and decides whether there will be additional conditions of release. For DWI cases, additional bond conditions often consist of drug testing, ignition interlock devices for vehicles, or ankle monitors.
- How much is bail for a DWI in San Marcos?For a first-time DWI offense, the bond amount is typically set between $1,500.00 – $10,000.00. Defendants have the option of paying a Cash Bond or working with a bail bond company or an attorney to post a Surety Bond. Additionally, defendants that qualify may apply for a Personal Recognizance (PR) bond. Learn more.
- Is jail time mandatory for first-time DWI in Hays County?No. Jail time is not required for DWI first offense, unless it has been enhanced. Learn more about DWI Penalties in San Marcos.
- Can you go to jail for a first DWI in San Marcos?Yes. People are sentenced to jail every day in San Marcos and across Texas for first-time DUI charges. The likelihood of being sentenced to jail for DWI is dependent on the facts of the case, as well as criminal history, driving history, and the defense strategy. Learn more.
- How long is probation for first-time DWI in San Marcos?DWI probation can last up to 24 months in Hays County. Learn more.
- Do I need a lawyer for DWI in San Marcos?Yes. Texas has some of the harshest penalties in the nation for DWI and other intoxication offenses. If you have been charged with DWI in San Marcos it’s critical to hire an experienced defense attorney. Your choice in representation can make the difference between a temporary inconvenience and a lifelong criminal conviction.
- How to find the best DWI attorney in San Marcos?Do your homework. It’s important to secure legal counsel that has experience dealing with the Government in all facets of a DWI case. Going through the legal system is a very personal experience. It’s critical to have a lawyer you can trust, and work well with. Learn more.
HOW LONG DOES DWI STAY ON YOUR RECORD IN TEXAS?
Forever. In Texas, arrest and disposition records are never automatically removed. There are two options to “clean up” the criminal record from a DWI arrest or conviction in San Marcos.
- How do you delete a DWI charge in San Marcos?Expunction is the legal process through which a DWI charge or any other criminal charges can be deleted. You may be eligible to expunge an old DWI charge if it did not result in a final conviction. Learn more.
- How do you seal a DWI charge in San Marcos?The Texas Second Chance Law went into effect in 2017. It allows certain individuals with DWI convictions to seal the record of the arrest and conviction. The law is retroactive, meaning it applies to all DWI cases, even old ones. A petition for an order of nondisclosure may be filed in Hays County court. Learn more.
TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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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.
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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.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
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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