Fredericksburg DWI Lawyer


Driving While Intoxicated is a serious charge. If you are facing a DWI in Fredericksburg, even as a first offense, the stakes are high. DWI charges impact driving privileges, employment, and your ability to travel. DWI is a criminal misdemeanor with a maximum punishment of one year in jail.

Outcomes matter when liberty and livelihood are on the line. You can’t win if you don’t fight, and you cannot fight alone.

Fredericksburg DWI Lawyer

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a 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 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.

  • Do I need a lawyer for a DWI in Texas? You need a DWI lawyer to protect your rights. Having the best legal representation can yield the best results in a criminal case and outcomes matter when liberty and livelihood are on the line. Experienced advocates are the foundation of a powerful defense. Learn more.


The penalties for DWI in Texas are severe, and Fredericksburg is no different. The Gillespie County Attorney seeks a conviction in every case, and does not dismiss charges for first-time offenders. Everyone facing a DWI charge is facing jail time. 

Fredericksburg DWI Lawyer

  • Can a DWI be dismissed in Fredericksburg? DWI charges can be dismissed by challenging the State’s evidence. DWI arrests are warrantless arrests. Officers must establish reasonable suspicion and probable cause in every case, every time, without exception. Learn more.

  • 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. Aggravating factors increase fine amounts and periods of incarceration. Learn more.


After being arrested for DWI in Gillespie County, everyone is eventually taken to the Gillespie County Jail in Fredericksburg for processing and an eventual appearance before a magistrate judge. The magistrate judge will set a bond amount and other conditions of release they deem fit.

This process is slow, impractical, and frustrating. After release, defendants are provided with a court date and information about property return. In Fredericksburg, it often takes 8-10 months from jail release before a DWI case is resolved.

DWI Lawyer Fredericksburg

  • What to expect after a first-time arrest for DWI in Gillespie County? DWI cases come with urgent deadlines and consequences that immediately affect everyday life. There are only 15 days to contest the automatic driver’s license suspension. The contest is critical, and should not be missed. Learn more.
  • How long does it take to get a court date for DWI in Texas? The first court date 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 counsel ahead of these early dates and deadlines. Learn more.
  • Can you drink on DWI bond in Gillespie County? You cannot drink while on bond for DWI. Gillespie County judges prohibit drinking while on bond for DWI, even for defendants over 21 years old. This pretrial condition can be checked through drug testing during the pendency of a case. 


Driving privileges are subject to suspension after a DWI charge, but they are not immediately suspended. A replacement driver’s license can be requested from the Texas Department of Public Safety online. Getting your license card back does not prevent the forthcoming suspension, and it does not serve as a request for an administrative hearing. 


  • Do you lose your license for first DWI in Gillespie County? Driving privileges are suspended for 90 – 180 days after an arrest for DWI in Fredericksburg. The suspension does not come from a Gillespie county judge, however. Texas DPS administratively enters the suspension. Learn more.

  • Can you drive with a suspended license in Gillespie county? You cannot legally drive with a suspended license in Texas. Driving with a suspended license while a DWI is pending in Fredericksburg 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. Learn more. 


Jail time is an absolute possibility for first-time DWI offenders. The range of incarceration faced depends on a person’s blood alcohol concentration (BAC). It is either a maximum of 6 or 12 months. 

Fredericksburg DWI Lawyer

  • What is the penalty for first-time DWI in Gillespie County? A first-time DWI charge in Fredericksburg 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.DWI charges can be enhanced by certain factors. These enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights.
  • What do you get for your first DWI in Fredericksburg? 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. There is no minimum period of jail time, and 12 months is the maximum.

    The punishment a person receives is deeply impacted by the counsel they receive. A powerful defense can make the difference between a dismissal and a conviction, or probation instead of jail time. Learn more.

Fredericksburg DWI Lawyer

  • Is the first DWI a felony in Fredericksburg? A first-time DWI charge in Gillespie county is a Class B misdemeanor. However, aggravating factors like serious bodily injury or the presence of a child passenger under 15 years old can result in felony charges. Learn more.


In addition to a permanent criminal conviction and jail time, DWI can negatively affect a person’s right to concealed carry of a handgun and travel outside of Gillespie county. Driving privileges, especially those of commercial drivers, can be heavily impacted by DWI charges. Learn more.


  • What are the penalties for a Gillespie County misdemeanor DWI? All first-time DWI charges in Fredericksburg are Class B misdemeanors, though they can be enhanced by certain factors. DWI first-time offenders face jail time, permanent criminal convictions, thousands of dollars in fines, and a driver license suspension.

  • What are the penalties for Class B DWI charge in Fredericksburg? DWI with a BAC below .15 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.
  • What are the penalties for Class A DWI charge in Fredericksburg? 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 license suspension. Learn more.
  • What are the penalties for DWI .15+ charge in Fredericksburg? 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 license suspension.


  • What are the penalties for DWI with Open Container in Fredericksburg? DWI with an Open Container is a Class A or B misdemeanor, depending on the BAC, falling into the same punishment ranges as set forth above. However, a person convicted of this offense faces a minimum of 6 days in jail because of the Open Container enhancement. Learn more.
  • What are the penalties for DWI with Child Passenger in Gillespie County? 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 other serious, collateral consequences associated with being a convicted felon.
  • What are the penalties for Fredericksburg DUI Charges? A first-time DUI charge in Texas is a Class C misdemeanor. The maximum fine is $500.00. A conviction for this offense is permanent and results in a driver’s license suspension. Defendants also face court-ordered drug and alcohol awareness classes, as well as community service, and driving safety courses. Learn more.



Everyone released on bond for DWI 2nd in Gillespie county is required to install the ignition interlock device in all vehicles they drive. This is expensive and inconvenient. Additionally, jail time is a mandatory punishment for DWI 2nd – even if probation is granted. Learn more.

Fredericksburg DWI Lawyer

  • How much does a second DUI cost? The maximum fine for a DWI 2nd offense in Fredericksburg is $6,000.00. Court costs, probation, and pretrial fees can add thousands of more dollars to the total amount a person could be required by law to pay for a DWI 2nd in Gillespie county.
  • What happens if you get 3 DWI in Fredericksburg? After two DWI convictions, the third charge is a felony charge. Even if the first two convictions were outside of Gillespie county, or even outside of Texas, the third charge is a felony charge with a maximum penalty of 10 years in prison and permanent convicted felon status. Learn more.


  • Can you get a DWI off your record in Fredericksburg? DWI charges and convictions can be sealed or deleted from a person’s record through the process of nondisclosure and expunction. There are strict qualifications that must be met in order to be eligible for these record-clearing options. Learn more.

  • How long does a Texas DWI stay on your record? A Gillespie county DWI charge stays on the record forever, even if there was no conviction. A conviction for DWI in Fredericksburg or elsewhere in Texas also becomes part of a person’s permanent criminal record. Learn more.


DUI is a Class C misdemeanor in Fredericksburg and 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. Learn more.

best Fredericksburg DWI Lawyers

  • Can Fredericksburg DUI charges be dismissed? DUI charges can be dismissed in Fredericksburg. Under no circumstances should a minor plead guilty to DUI in Gillespie county. There are multiple pathways to dismissal. DUI dismissal is the first step towards deleting the entire incident through expunction.
  • Can you avoid jail time for first DUI in Gillespie county? You can avoid jail for DUI in Fredericksburg. DUI is a Class C misdemeanor. Aside from the initial arrest, jail is not legally available as a punishment.
  • What happens in Fredericksburg after your first DUI? After a first DUI charge in Gillespie county a court date will be generated. Ahead of the court date, the most important step to take is retaining experienced counsel to begin working towards a dismissal. Learn more.


Jail release in Fredericksburg can take up to, and sometimes longer than, 24 hours. It’s a long, aggravating process. Updated information for people arrested in Gillespie county can be found by contacting the Gillespie County Sheriff’s office at (830) 997-9541.

Fredericksburg DWI attorneys

  • What is the average bond for DWI in Fredericksburg? Bail for first-time DWI charges in Texas rarely exceeds $5,000.00. This is the first of many costs associated with the Texas DWI process. Judges have total discretion over bond amounts. Learn more.

  • How do I find out if someone is in jail in Gillespie county? To check for recent Fredericksburg DWI arrests, you must contact the Gillespie County Sheriff’s office at (830) 997-9541.


Being charged with DWI is expensive. Being convicted can be financially devastating. It’s impossible to put a price on what it’s worth to avoid incarceration and the potential of a permanent criminal conviction.

Fredericksburg DWI Lawyer

  • How much does a DWI Cost? The maximum fine for a first or second DWI offense in Texas is $6,000.00. The maximum fine for a Felony DWI is $10,000.00. An effective DWI lawyer can fight for dismissal and work to mitigate consequences, saving time and money, potentially preserving your career and reputation. Learn more.

  • How much is a DWI lawyer in Fredericksburg? Fighting a DWI costs thousands of dollars. In Fredericksburg, even first-time offenders can face up to 365 days in jail. A powerful defense can be expensive, but well worth it to avoid the severe penalties, and potentially lifelong consequences of a criminal conviction. Learn more.


To beat a DWI charge in Gillespie county, 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. When your future is on the line, it is critical to build a powerful and comprehensive defense. Learn more.


  • How do I get a DWI dismissed in Fredericksburg? Challenging evidence is the most effective way to dismiss a Fredericksburg DWI charge, whether it’s a DWI first-offense, DWI 2nd, or even a felony DWI 3rd or more. DWI arrests are warrantless arrests, therefore everything must be challenged. If a judge suppresses evidence, the State cannot use it to prosecute.
  • What are the chances of DWI dismissal in Gillespie County? DWI charges are dismissed everyday in Gillespie county courtrooms. A powerful, resourceful defense will look for any inconsistencies in the case and force the State prosecutors to dismiss the charge. Challenging evidence is a critical part of obtaining a dismissal. Learn more.
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Fredericksburg DWI Lawyer FAQs; Knowledge is power. Get honest answers now.

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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.

    I really appreciated all he did for me.


    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!!


    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.


    Read More Reviews





    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.



    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.



    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.


    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.



    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.



    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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    The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

    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.

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