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.


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.


FAQs; Knowledge is power. Get honest answers now.

Glowing Client Reviews

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.

Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.

He saved my career. Forever grateful!


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.

Contact Trey Porter Today

Request a free consultation

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.

Google Rating Avvo Rating