Midland DWI Lawyers

TOP-RATED DWI MIDLAND DWI LAWYERS

Trey Porter is a Midland DWI lawyer with a reputation for aggressive advocacy, straight talk, and securing dismissals in DWI cases. In 2025, he was named a Top 100 Criminal Lawyer in America by the National Trial Lawyers Association.

He has also been recognized by Texas Super Lawyers and holds a 10.0 Superb Rating on Avvo, based on client reviews, case results, and peer endorsements from judges and lawyers across Texas.

Porter runs a DWI-focused practice, not a general practice, and limits the number of cases his firm accepts so each client gets personal attention. That focus has earned the firm a 5.0 rating on Google and more than 700 five-star reviews on Google and Avvo. Clients highlight dismissals, charge reductions, clear communication, and professionalism.

In Midland, first-time DWI charges are filed in the County Courts at Law at the Midland County Courthouse. For oilfield workers, service employees, and professionals in the Permian Basin, a DWI can threaten everything from steady work to family responsibilities.

If you’ve been arrested for DWI in Midland, having the right defense can mean the difference between a dismissal and a conviction that follows you for life.

WHAT HAPPENS AFTER A DWI IN MIDLAND?

A Midland DWI arrest triggers strict deadlines and immediate legal steps. Protecting your driver’s license and asserting and protecting your constitutional rights are the priorities from day one.

Key steps after a Midland DWI arrest:

Request the ALR hearing: You have 15 days from arrest to request an Administrative License Revocation hearing. An automatic suspension kicks in if no request is made.
Follow bond conditions: Misdemeanor DWI cases in Midland often include pretrial conditions of bond like ignition interlock in your car, drug testing, and required check-ins. Noncompliance results in serious consequences. You have to be proactive – ignorance of the requirements is not a defense.
Hire DWI Lawyer: Retaining a Midland DWI attorney is the most important part of the whole process. You have important constitutional rights – but it takes experience and expertise to leverage them effectively. A good lawyer can be the difference in conviction and dismissal.

Early action sets the tone for success. From protecting your driving privileges at the ALR hearing to preparing a powerful defense, Trey Porter Law focuses on results and quality of life – protecting clients’ freedom, futures, and careers in the Permian Basin.

IS A DWI A FELONY IN MIDLAND, TEXAS?

No – DWI is a misdemeanor in Midland, Odessa, and across Texas under Texas Penal Code §49.04. It can be enhanced to a felony if a person has two prior DWI convictions (§49.09(b)) or if a child under 15 is in the vehicle (§49.045).

DWI – A first-offense DWI with a blood alcohol concentration (BAC) between 0.08 and 0.149 is a Class B misdemeanor. It is punishable by up to 180 days in jail, fines up to $2,000, and a driver’s license suspension.
DWI ≥ 0.15 – A first-offense DWI with a BAC of 0.15 or higher is a Class A misdemeanor. Penalties include up to one year in jail, fines up to $4,000, and longer license suspensions.
DWI 2nd Offense – A second DWI charge is classified as a Class A misdemeanor. It carries mandatory minimum jail time, fines up to $4,000, and longer driver’s license suspension. Judges and prosecutors treat second offenses very seriously.
DWI with Open Container – Driving while intoxicated with an open container of alcohol in the vehicle is a Class B misdemeanor. A conviction triggers a mandatory minimum of six days in jail, even on a first offense.

In Texas, every DWI charge comes with the possibility of 6 months or more in jail. It’s a serious charge that must be taken seriously.

WILL I LOSE MY DRIVER’S LICENSE AFTER A DWI IN MIDLAND?

Yes. Every person charged with DWI in Midland faces an automatic driver’s license suspension if they refuse a breath or blood test, or if they consent and fail with a BAC over 0.08. The suspension is administrative, imposed by the Texas Department of Public Safety (DPS) in Austin under Texas Transportation Code §524.012 and §724.035.

Bad News: the burden of proof for this suspension is very low, and the legal standard is black and white. Personal factors and unique circumstances are not considered.
Good News: after suspension, drivers are eligible for an Occupational Driver’s License (ODL) under Texas Transportation Code §521.242. An ODL allows you to drive legally during the suspension period if you obtain SR-22 insurance and pay additional State fees.

Commercial driver’s license (CDL) holders face stricter penalties. A DWI arrest results in an automatic one-year CDL suspension — even if you were not driving a commercial vehicle at the time – under Texas Transportation Code §522.081. While CDL holders can apply for an Occupational License, Texas law does not allow an ODL to be used for commercial driving.

CAN YOU FIGHT A DWI BREATH OR BLOOD TEST IN MIDLAND?

Yes. Breath and blood test results can be challenged in Midland under the Fourth Amendment and Texas Code of Criminal Procedure §39.14. Defense starts with probable cause for the stop, the arrest, and the testing process.

Focused defense strategies include:

Challenging probable cause for the traffic stop and arrest
Attacking errors in standardized field sobriety testing
Disputing Intoxilyzer accuracy and operator certification
Questioning blood-draw protocols, storage, and chain of custody

When constitutional or scientific defects are uncovered, test evidence can be suppressed. That shifts negotiations, creating opportunities for dismissals and reductions in Midland DWI cases.

More DWI questions? Check out Trey Porter Law’s robust FAQ Guide.

WHAT ARE THE PENALTIES FOR A FIRST DWI IN TEXAS?

A first DWI in Texas is a Class B misdemeanor under Texas Penal Code §49.04. It carries up to 180 days in jail, a fine up to $2,000, a driver’s license suspension, and mandatory DWI education classes.

If the blood alcohol concentration is 0.15 or higher, the charge is enhanced to a Class A misdemeanor under §49.04(d), punishable by up to one year in jail and a $4,000 fine.

Penalties increase further if there is a crash involving serious bodily injury, a child passenger (§49.045), an open container (§49.04(c)), or prior convictions (§49.09).

CAN A TEXAS DWI BE EXPUNGED OR SEALED?

Yes. A DWI in Texas can be expunged or sealed, depending on the outcome of the case.

Dismissals and acquittals may qualify for expunction under Texas Code of Criminal Procedure Chapter 55, which permanently clears the charge from public records.

Successful completion of deferred adjudication can allow for a nondisclosure order under Texas Government Code §411.0726, sealing the record from public view. Eligibility for nondisclosure depends on multiple statutory factors, including prior history and the specific terms of probation.

Trey Porter Law pursues dismissal in every DWI case because it provides the strongest protection for both immediate results and long-term record consequences.

MIDLAND DWI ATTORNEYS

In Midland, a DWI threatens more than the courtroom—it can jeopardize jobs, licenses, and futures across the Permian Basin.

Trey Porter Law delivers focused DWI defense backed by national recognition, a Top 100 Criminal Lawyer in America award, a 10.0 Avvo rating, and 700+ five-star reviews from clients citing dismissals, reductions, and clear communication. People across Texas—clients, judges, and lawyers alike—recognize Trey Porter for results and professionalism.

Every case in the Midland County Courts at Law is approached from a position of strength. From demanding the ALR hearing to protecting driving privileges, Trey Porter Law builds leverage early and forces the State to prove every inch of its case.

REVIEWED BY TREY PORTER, MIDLAND DWI LAWYER

Trey Porter is a Midland DWI lawyer with over a decade of trial experience defending DWI, Public Intoxication, and select criminal charges. His practice focuses on protecting lives and livelihoods, fighting for dismissals, and clearing criminal records through expungement across Texas.

A member of the Texas Criminal Defense Lawyers Association and the National College for DUI Defense, Mr. Porter has been recognized for his courtroom advocacy and reputation for results. His legal insights have been featured in Forbes, Entrepreneur, USA Today, and other national outlets.

Trey Porter Law represents people in Midland, and across Texas, including Odessa.

TOP-RATED DWI MIDLAND DWI LAWYERS

WHAT HAPPENS AFTER A DWI IN MIDLAND?

IS A DWI A FELONY IN MIDLAND, TEXAS?

WILL I LOSE MY DRIVER’S LICENSE AFTER A DWI IN MIDLAND?

CAN YOU FIGHT A DWI BREATH OR BLOOD TEST IN MIDLAND?

WHAT ARE THE PENALTIES FOR A FIRST DWI IN TEXAS?

CAN A TEXAS DWI BE EXPUNGED OR SEALED?

MIDLAND DWI ATTORNEYS

REVIEWED BY TREY PORTER, MIDLAND DWI LAWYER

Client Reviews

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