Is it worth fighting a DWI charge?

Attorney Trey Porter
Trey Porter

Is it worth fighting a DWI charge?


Driver’s convicted of DWI charges can face years of jail time, thousands of dollars in fines and fees, the loss of driving privileges, and potentially even their livelihood. With so much at stake, it is always worth fighting a DWI charge, no matter what the circumstances of your arrest.

  • Can a DWI be dismissed in Texas? DWI charges are dismissed everyday in courtrooms across Texas. Charges are not dismissed through goodwill or luck, rather they are dismissed because a powerful defense forced the State prosecutors to dismiss the charge. Challenging evidence is a critical part of obtaining a dismissal. Learn more. 
    • What are the chances of dismissal of DWI Texas?The chances of getting a DWI dismissed in Texas are directly tied to the effort and action of the defense. You can’t win if you don’t fight. Challenging evidence is the most effective way to dismiss a DWI charge in Texas. DWI arrests are warrantless arrests, therefore everything must be challenged. If a judge suppresses evidence, the State cannot use it to prosecute. Learn more.
  • How to get rid of a DWI in Texas? DWI charges can be dismissed in Texas. Getting rid of a DWI case often involves challenging the reason for the stop and attacking the administration and results of the standardized field sobriety tests (SFSTs). If the reason(s) for arrest are invalidated, the arrest and all evidence that follows after, like a breath or blood result, are suppressed.
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DWI charges stay on the record forever in Texas – even if the charge was dismissed. However, DWI charges dismissed without probation can be expunged and deleted. DWI charges dismissed after probation may, in limited circumstances, be sealed. DWI convictions can also be sealed in limited circumstances. Learn more.

  • Is jail time mandatory for 1st DWI in Texas? Jail is not mandatory for a 1st DWI in Texas. Aggravating factors, like an open container in the vehicle, can result in mandatory jail time. Learn more.
  • What can a DWI be reduced to in Texas? Yes, an enhanced DWI offense can be reduced. A first-time DWI charge may be elevated to a Class A Misdemeanor or, in some circumstances, a State Jail Felony. The State has the power to “waive” the enhancement, and proceed on a Class B Misdemeanor DWI. Learn more.
  • Possibility of a first offense DUI plea bargain in Texas? It is possible to work out a plea bargain on a first offense DWI or DUI in Texas. Every person charged with DUI or DWI in Texas is eligible to apply for Community Supervision. Commonly referred to as probation, Community Supervision is an opportunity to avoid incarceration as punishment for DWI.

    Texas has severe DWI consequences. Everyone charged with DWI, even a first offense, faces jail time. Community Supervision is a safe and preferable alternative to the nightmare that is incarceration. Learn more.


When getting a DWI in Texas, most people are arrested, taken before a magistrate judge, and then released. However, in more limited circumstances, no arrest is made, and police provide a person with a document that says they are under investigation for DWI. 

  • How much is bail for a DWI in Texas? Bail for first-time DWI charges in Texas is normally a few thousand dollars. The five types of bond in Texas are attorney, cash, personal recognizance, property, and surety. Surety bonds are the most common form of bond. Learn more.
  • What is the Statute of Limitations for DWI in Texas? The statute of limitations for DWI charges in Texas is two years for misdemeanors and three years for felonies. Prosecutors have the full amount of time to prepare and formally file charges. When charges are filed, notice is not provided to the individual, and an arrest warrant is issued. Learn more. 


Retaining legal counsel is the single most important thing to do after being charged with DWI. Everyone facing a DWI charge is facing incarceration. Even first-time offenders can face up to one year in jail. The stakes are high, and you cannot afford to fight alone.

  • Do I need a lawyer for a DWI in Texas? Yes. Texas has some of the harshest penalties in the nation for DWI and other  intoxication offenses. If you have been charged with DWI it is critical to hire an attorney. Your choice in representation can make the difference between a temporary inconvenience and a lifelong criminal conviction.
  • How much does a first-time DWI cost in Texas? The maximum fine for a first or second DWI offense in Texas is $6,000.00. While 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.
  • How much does a DWI lawyer cost in Texas? Fighting a DWI costs thousands of dollars. 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.


DUI is a very serious charge. In Texas, minors found to be operating a motor vehicle with any detectable alcohol in their system can be cited or arrested for either Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The ramifications are severe in either case, with administrative penalties and life-long consequences. Learn more.

  • What is a Class A Misdemeanor DWI first offense? A DWI charge categorized as a Class A Misdemeanor is either a DWI 1st with a blood alcohol concentration (BAC) of 0.15 or higher, or a DWI 2nd. Both are punishable by a maximum of 365 days in a county jail. Learn more.
  • What is a Class B Misdemeanor DWI first offense? A DWI charge categorized as a Class B Misdemeanor is either a DWI 1st with a BAC of 0.14 or lower, or DWI 1st with an Open Container (DWIOC). Both are punishable by a maximum of 180 days in jail, however, DWIOC has a minimum jail requirement of 6 days. Learn more.
  • What is a Class C DUI first offense? DUI is a Class C Misdemeanor that only applies to minors under the age of 21. The legal limit for a DUI charge is 0.0. Minors are prohibited from operating a motor vehicle with any detectable alcohol in their system. 


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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Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.


If you have been arrested and charged with a crime, it’s time to start building your defense.

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Results matter when life and livelihood are on the line. DWI arrests are warrantless arrests, and the State is legally bound to a burden of proving the charge beyond all reasonable doubt.

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