Fredericksburg DWI & Criminal Defense Attorney

Best DWI Lawyer in Fredericksburg

Facing DWI charges can be scary and the importance of a comprehensive case evaluation cannot be overstated. Trey Porter, a seasoned Fredericksburg criminal lawyer, provides an unparalleled legal defense tailored to the complexities of DWI cases. 

As a recognized Fredericksburg DWI Lawyer, Mr. Porter and his law office pay great attention to detail, enabling the team to create a robust defense strategy to navigate the situation. His expertise in Texas law ensures that each client receives a personalized and effective representation to secure the best possible outcome for their case. 

Whether an individual is contesting a first-time offense or dealing with more severe allegations, entrust the legal process to a firm that stands out for its commitment to clients and proven track record in the courtroom.

Fredericksburg DWI Lawyer


In Fredericksburg, Texas, the consequences of being convicted for Driving While Intoxicated are stringent. The local prosecuting authority, the Gillespie County Attorney, aims for full convictions across the board, even for first-time DWI cases. Every individual charged with DWI is at risk of incarceration.

  • Is it possible for a DWI to be dropped in Fredericksburg?

While these offenses are severe, dismissal is an option if the defense successfully contests the prosecution’s evidence. Each DWI arrest, is made without a warrant, and hinges on the officer’s ability to demonstrate both reasonable suspicion for the stop and probable cause for the arrest—standards that must be met in every situation, without exception.

  • What are the consequences of a DWI in Texas?

The state of Texas imposes stern penalties for DWI offenses. Even for first-time offenders with no prior criminal record, the penalties can include a jail sentence of up to one year, fines reaching $6,000, court expenses, a suspended driver’s license, and a lasting criminal record. Factors that complicate the situation, known as aggravating factors, can lead to even higher fines and longer jail terms.

Fredericksburg DWI Lawyer


After being detained and arrested for Driving While Intoxicated in Gillespie County, individuals are taken to the Gillespie County Jail located in Fredericksburg to undergo booking and to await a hearing with a magistrate. At this hearing, the magistrate will determine the bail amount and any other prerequisites for release that they consider appropriate. This booking procedure can be lengthy and often causes significant frustration. 

Once released, the accused will receive a date for their court appearance along with details on how to retrieve their belongings. In Fredericksburg, it typically spans 8 to 10 months from the time of release until a DWI case reaches a conclusion.

DWI Lawyer Fredericksburg

  • What should a person expect after a first-time DWI arrest in Gillespie County?

Facing a DWI offense brings immediate critical deadlines and repercussions that can have a profound impact on daily life, including a mere 15-day window to challenge the automatic suspended license — a critical step not to be overlooked.

  • How soon will a court hearing be scheduled after a DWI arrest in Texas?

Expect to receive a court date, usually within 30 days post-arrest. This preliminary hearing is unlikely to settle the case but attending it is necessary. Failure to appear can lead to further legal complications. It’s crucial to engage legal representation before these early proceedings.

  • Are there expectations regarding alcohol consumption while out on DWI bond in Gillespie County?

Drinking alcohol is prohibited when released on bond for a DWI case. Judges in Gillespie County enforce a no-alcohol clause for bond conditions, applicable even to those above the legal drinking age. Compliance with this condition is typically monitored through periodic substance testing while the case is pending.


A driving license isn’t automatically invalidated following a DWI arrest. A replacement license may be obtained from the Texas Department of Public Safety (DPS) online. But acquiring a new license card isn’t a shield against the impending suspension nor does it count as filing for an administrative hearing.


For a first-time DWI in Gillespie County, expect a 90-day to 180-day driving suspension period post-arrest, not issued by a local judge, but by the Texas DPS in an administrative capacity.

It’s unlawful in Texas to operate a vehicle with a suspended license. If a person is caught driving under suspension in Fredericksburg during a pending DWI case, they risk further legal complications, including bond revocation.


In Fredericksburg, facing jail time for a first DWI offense is a very real prospect, with the period of potential incarceration hinging on the individual’s blood alcohol level. Penalties for such an offense might involve a maximum of either half a year or a full year behind bars.

Fredericksburg DWI Lawyer

For those encountering a first-time Driving While Intoxicated offense in Gillespie County, the law classifies it as a Class B misdemeanor, carrying penalties that include a fine of up to $3,000 and a jail sentence that can extend to six months. A conviction not only incurs financial burdens but also brings about a driver’s license suspension and a lasting mark on one’s record.

Also, certain factors can raise a DWI to more severe levels, leading to increased penalties such as extended jail terms, steeper fines, and the forfeiture of certain civil privileges.

Regarding the immediate repercussions for a first DWI in Fredericksburg, the outcomes range from probation to jail. While probation for a first DWI may last up to two years, there’s no set minimum. Conversely, jail time can span up to a year, with no mandatory minimum. The quality of defense representation plays a crucial role in navigating these penalties, potentially influencing the outcome to favor a reduced sentence or even a case dismissal.

In Fredericksburg, a first offense DWI is typically categorized as a Class B misdemeanor. A DUI charge, although generally misdemeanor charges, can be elevated to the level of felony offenses under certain aggravating circumstances. This significant shift in charges can occur if the DUI incident resulted in serious bodily harm or if a minor under the age of 15 was present in the vehicle at the time of the offense.

Fredericksburg DWI Lawyer


A conviction for Driving While Intoxicated (DWI) in Fredericksburg carries major repercussions beyond jail time, including lasting criminal records and restrictions on certain rights, such as concealed firearm carry. This offense also severely affects driving privileges, which can be particularly detrimental for those holding commercial driver’s licenses.

For a DWI classified as a Class B misdemeanor in Gillespie County, offenders are subject to penalties including incarceration, a permanent mark on their criminal record, substantial fines, and a suspension of their driver’s license. If the offense involves a blood alcohol concentration (BAC) below .15, the fine can be up to $3,000, and jail time can be as much as six months.


For a DWI offense that is considered a Class A misdemeanor due to a blood alcohol content of .15 or higher, the potential fine doubles to $6,000, and the jail sentence can extend up to a year. Similarly, a DWI involving an Open Container can either be a Class A or B misdemeanor, but it requires a minimum of six days in jail if convicted.

If a DWI charge includes a Child Passenger, it escalates to a State Jail Felony with even steeper penalties: fines up to $10,000 and up to two years in a State Jail Facility, along with a driver’s license suspension and other severe consequences of a felony record.

Additionally, for DUI charges in Fredericksburg—which differ from DWI and apply to minors with any detectable amount of alcohol—the offense is a Class C misdemeanor. Penalties include a fine up to $500, permanent record implications, license suspension, and potentially mandatory educational programs, community service, and driving safety courses.



Individuals who receive a second DWI in Gillespie County will have to install an ignition interlock device on any vehicle they operate. This mandate brings with it both financial cost and inconvenience. Also, incarceration is an inescapable consequence for a second DWI conviction, even when probation is awarded.

The financial burden for a second DWI offense in Fredericksburg can escalate to a maximum fine of $6,000.00, with additional court costs, probation fees, and other pre-trial financial obligations.

Subsequent DWI offenses escalate in severity; a third DWI constitutes a felony offense, whether prior convictions occurred within or outside Gillespie County, or even outside the state of Texas. This felony charge carries a sentence of up to 10 years imprisonment and results in a permanent felony record.


Clearing a DWI from a record in Fredericksburg involves a complex legal process of nondisclosure or expunction, both of which are subject to stringent eligibility requirements. Unfortunately, a DWI charge remains on record indefinitely in Gillespie County, with convictions remaining in a permanent criminal history.

Fredericksburg DWI Lawyer

Comparing DWI and DUI Offenses in Fredericksburg

In Fredericksburg, a DUI charge is designated as a Class C misdemeanor and is specific to individuals under the age of 21 who operate a vehicle with any detectable level of alcohol in their systems, thereby setting the threshold for a DUI offense at 0.0.

  • Is it possible for DUI charges to be dropped in Fredericksburg?

Yes, DUI charges may be dismissed in Fredericksburg. Minors should never enter a guilty plea for a DUI offense in Gillespie County, as various avenues exist for seeking a dismissal. Getting dismissal of DUI charges is a critical move toward potentially expunging the incident from one’s record.


  • Can incarceration be avoided for a first DUI in Gillespie County?

Yes, avoiding DUI arrest for a first DUI charge in Fredericksburg is possible, particularly with the assistance of a skilled Fredericksburg DUI lawyer. Given that a DUI charge is considered a Class C misdemeanor in this jurisdiction, serving jail time is not a standard penalty after the initial arrest phase.

  • What ensues after a first DUI charge in Fredericksburg?

After a first DUI offense in Gillespie County, a court date is set. Prior to this court appearance, securing skilled legal representation is vital to navigate the process and aim for a case dismissal.

best Fredericksburg DWI Lawyers


Securing release from jail following a DWI arrest in Fredericksburg can extend beyond 24 hours, often proving to be a lengthy and exasperating ordeal. For the latest updates on individuals detained in Gillespie County, reaching out to the Gillespie County Sheriff’s Office is advised.

Regarding the typical bail amount, bonds for initial DWI offenses in Texas rarely exceed $5,000.00. Judges possess complete authority in determining the amounts for bonds.

Fredericksburg DWI attorneys


Facing a DWI charge can result in significant financial burdens, and a conviction might lead to dire economic consequences. It’s challenging to quantify the full cost of avoiding jail time and a criminal record.

  • DWI Financial Consequences:

For first or second DWI offenses in Texas, fines can reach up to $6,000.00, while a felony DWI may carry fines up to $10,000.00. Engaging a proficient DWI attorney could result in case dismissal or reduced penalties.

Fredericksburg DWI Lawyer

  • Cost of Legal Defense in Fredericksburg:

Legal defense against DWI charges can be a costly affair, with expenses running into thousands. For individuals in Fredericksburg, the stakes are high with potential jail sentences extending to a year for first-time offenders. Although securing a strong legal defense comes at a cost, the investment is often justified to avert the harsh penalties and enduring stigma of a DWI conviction.


Overcoming a DWI charge in Gillespie County hinges on vigorously asserting constitutional protections and engaging in thorough due process. This involves questioning the validity of the reasonable suspicion, probable cause, and all presented forensic evidence.

  • Navigating a DWI Dismissal in Fredericksburg:

To secure a dismissal of a DWI charge in Fredericksburg, contesting the evidence is crucial, whether it is a first-time DWI, a second offense, or a third offense, which is a felony offense. DWI arrests are conducted without warrants, necessitating a challenge to each piece of evidence. Should a judge decide to suppress evidence, the prosecution is barred from using it in their case.

  • Prospects of DWI Dismissal in Gillespie County:

DWI charges are frequently dismissed in the courts of Gillespie County. An effective defense strategy will scour the case for any potential flaws and compel state prosecutors to abandon the charges. A critical element of achieving dismissal is the rigorous challenge of evidence presented.


Top Fredericksburg Criminal Lawyer & DWI Attorney

Being accused of Driving While Intoxicated is not to be taken lightly, especially when it’s a first-time charge. The consequences are severe, affecting driving rights, job prospects, and international travel. Driving While Intoxicated is classified as criminal misdemeanor charges that can result in up to a year in jail.

When freedom and future employment are at risk, a favorable outcome of the case is a major priority. The only way to challenge the charge is with a robust defense. Trey Porter stands out as a formidable Fredericksburg Criminal Defense Attorney, earning national recognition. 

Continuously selected by fellow lawyers as a leading attorney in Criminal and DWI Defense since 2015, he has been honored as a Top Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter boasts a Superb rating on AVVO, reflecting his adept litigation, high client satisfaction, professional endorsements, and favorable results. Mr. Porter’s law firm excels in delivering outstanding legal outcomes within his practice areas, ensuring the best results possible.

  • Is a DWI defense attorney necessary in Texas?

The answer is unequivocally yes. Securing a top-notch law firm is critical in safeguarding rights. Premier legal counsel is instrumental in securing the most favorable outcome in the criminal justice system. Expert defenders are essential for a potent defense strategy.

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DWI Support and Information in Fredericksburg, Texas

Access to important DWI-related information is necessary when facing a DWI in Fredericksburg, Texas. The following entities play a major role in the Fredericksburg criminal justice system. If searching for resources related to DWI (Driving While Intoxicated) in Fredericksburg, Texas, here are some general suggestions to consider. Remember that the information provided here may have changed, so it’s advisable to verify details with up-to-date sources:

Fredericksburg Law Enforcement Departments:

  • Contact the local police department or sheriff’s office in Fredericksburg. They can provide information on local DWI laws, enforcement, and can direct you to relevant resources.
  • Website: Fredericksburg Police Department
  • Website: Gillespie County Sheriff’s Office

Courthouse Information:

Texas Department of Public Safety (DPS):

  • The Texas DPS has information on DWI laws, penalties, and resources. You can visit their website or contact them for more information.
  • Website: Texas DPS

Texas Laws Online:

  • The official Texas statutes online can provide information on DWI laws and penalties.
  • Website: Texas Statutes

Remember that DWI laws and resources can change, so it’s important to consult with current and local sources for the most accurate information. If you’re facing legal issues, it’s highly recommended to seek professional legal advice from an attorney.

Fredericksburg DWI & Criminal Defense Attorney FAQs; Knowledge is power. Get honest answers now.

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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.

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