New Braunfels DWI Lawyer


Driving While Intoxicated is a serious legal violation. When facing a DWI offense in Comal County, including first-time offenses, the consequences are substantial. Such charges can adversely affect one’s driving privileges, employment prospects, and freedom to travel. Legally classified as a criminal misdemeanor, a DWI can result in a maximum penalty of one year in incarceration. The significance of outcomes in such cases cannot be overstated, given their potential impact on personal freedom and professional life. Legal representation is essential in these matters.

New Braunfels DWI lawyer

Trey Porter, an esteemed legal advocate, has gained national recognition in the realm of Criminal Defense. His prowess, particularly in Criminal Defense Law, has been acknowledged by his peers, earning him the accolade of top lawyer in this field annually since 2015. Mr. Porter’s accolades include recognition as a Texas SuperLawyer and his distinction as a Top Defense Lawyer by the National Trial Lawyers Association. Additionally, Mr. Porter has achieved a Superb rating on AVVO, a platform that evaluates attorneys based on their litigation proficiency, client satisfaction, peer endorsements, and favorable outcomes.

  • Do I need a lawyer for a DWI in Texas?

Yes, you need a DWI lawyer to protect your rights. Having the best legal representation can yield the best results in a criminal case. Outcomes matter when your freedom and livelihood are on the line.


The penalties for Driving While Intoxicated in Texas are severe, and New Braunfels is no different. The Comal County District Attorney seeks a conviction in every case and does not dismiss charges for first-time offenders. Everyone facing a violation is facing jail time.

  • Can a DWI be dismissed in New Braunfels?

A DWI case can be dismissed by challenging the State’s evidence. DWI arrests are warrantless arrests. Police Officers must establish reasonable suspicion and probable cause in every case, every time, without exception.

  • 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 Suspended Driver’s License, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration.

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After being arrested for Driving While Intoxicated in Comal County, an individual is taken to the Comal County Jail in New Braunfels for processing and an eventual appearance before a magistrate judge, who will set the bond amount and other conditions of release. After release, defendants are provided with court and property return information. In Comal County, it often takes 8-10 months from jail release before a DWI case is resolved.

When facing a first-time DWI arrest in Comal County, it’s important to be aware of immediate deadlines and the process of the ensuing legal process. One critical action is to challenge the automatic driver’s license suspension within a 15-day period, which is facilitated through an Administrative License Revocation (ALR) hearing. The ALR hearing is essential.

The initial court appearance, commonly referred to as the arraignment, is not designed to resolve the case but it requires active participation and time commitment. Failure to appear at this arraignment can lead to additional criminal charges. So, securing legal representation before these early deadlines is imperative.

  • Can I drink alcohol during this time?

Regarding alcohol consumption while on bond in Comal County, it is prohibited for individuals, regardless of age, to consume alcohol during this period. This pre-trial condition is enforceable through drug testing throughout the duration of the case.

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After a DWI charge, driving privileges are at risk of suspension, but this suspension is not immediate. Individuals may request a replacement driver’s license from the Texas Department of Public Safety through their online portal. But, obtaining a replacement license card does not prevent the impending suspension. Also, it’s not a substitute for requesting an administrative hearing.

For a first DWI in Comal County, driving privileges are suspended after an arrest. It’s important to note that this suspension is not directly ordered by a Comal County judge; instead, it’s executed by the Texas Department of Public Safety (DPS). The duration of a suspended driver’s license in Texas for a driving while intoxicated violation ranges from 90 to 180 days. For those holding a commercial driver’s license, the suspension period is considerably longer.

It is illegal to drive with a suspended license in Texas, including in Comal County. Engaging in such activity, especially while a DWI case is pending in Comal County, can lead to the revocation of bond and additional criminal charges. The only legal way to drive during a suspension period in Texas is by getting an Occupational License.


Jail time is a possibility for first-time DWI offenders. The range of incarceration faced depends on a person’s blood alcohol concentration (BAC). The maximum jail sentence for DWI 1st in New Braunfels is 12 months.

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  • What is the penalty for first-time DWI in Comal County?

A first-time violation is categorized as a Class B misdemeanor. The legal repercussions include a maximum fine of $3,000 and a potential jail term of up to six months. Also, a conviction for this offense is irreversible and leads to the suspension of the driver’s license.

The severity of DWI charges can be escalated by specific aggravating circumstances. These enhancements can lead to more severe penalties, encompassing extended periods of imprisonment, substantial fines amounting to thousands of dollars, and the forfeiture of fundamental constitutional rights.

  • What is the punishment for the first DWI in New Braunfels?

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 largely impacted by the representation they choose. A powerful, experienced DWI attorney New Braunfels can make the difference between a dismissal and a conviction.

  • Is the first DWI a felony in New Braunfels?

A first-time DWI charge in Comal County is a Class B misdemeanor. But, aggravating factors like serious bodily injury or the presence of a child passenger under 15 years old can result in felony charges.

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Beyond the implications of a permanent criminal record and potential incarceration, a DWI conviction carries additional consequences. For instance, a DWI can impact a person’s right to carry a concealed handgun or travel outside of Comal County. Also, driving privileges, particularly for commercial drivers, are significantly compromised by DWI charges.

  • What are the penalties for a Comal County misdemeanor DWI?

All first-time DWI charges in New Braunfels 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’s license suspension.

  • What are the penalties for Class B DWI charges in New Braunfels?

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’s license suspension.

  • What are the penalties for Class A DWI charges?

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’s license suspension.

  • What are the penalties for DWI .15+ charge?

Driving While Intoxicated 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’s license suspension.

  • What are the penalties for DWI with Open Container?

DWI with an Open Container is a Class A or B misdemeanor, depending on the BAC, falling into the same punishment ranges as mentioned above. But, a person convicted of this offense faces a minimum of 6 days in jail because of the Open Container enhancement.

  • What are the penalties for DWI with Child Passenger in Comal County?

Driving While Intoxicated with a Child Passenger is categorized as a 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’s license suspension as well as other serious, collateral consequences associated with being a convicted felon.

  • What are the penalties for New Braunfels 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.

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Everyone released on bond for a 2nd offense in Comal County is required to install the ignition interlock device in all vehicles they drive. This is expensive and inconvenient. Additionally, jail time is a requirement of punishment for DWI 2nd – even if probation is granted.

  • How much does a second DUI cost?

The maximum fine for Texas DWI law’s 2nd offense 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 Texas DWI laws to pay for a DWI 2nd in Comal County.

  • What happens if you get 3 DWI?

After two convictions, the third charge is a felony charge. Even if the first two convictions were outside of Comal 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.

  • Can you get a DWI off your record?

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.

  • How long does a DWI stay on your record in Texas?

A Comal County DWI charge stays on the record forever, even if there was no conviction. A conviction for DWI in New Braunfels or elsewhere in Texas also becomes part of a person’s permanent criminal record.

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Driving Under the Influence (DUI) is a Class C misdemeanor 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.

  • Can A DUI charge be dismissed?

DUI charges can be dismissed. A minor shouldn’t plead guilty to DUI in Comal County. There are multiple ways to get a DUI dismissal.

  • Can you avoid jail time for 1st DUI in Comal County?

Yes, you can avoid jail for DUI in New Braunfels. DUI is a Class C misdemeanor. Aside from the initial arrest, jail is not legally available as a punishment.

  • What is the average cost of a DUI in New Braunfels, Texas?

The cost to fight a DUI charge in New Braunfels is thousands of dollars at a minimum. Also, a DUI is a criminal offense that can negatively affect college admission and job opportunities.

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Jail release in New Braunfels can take up to, and sometimes longer than, 24 hours. It’s a difficult, time-consuming process. Updated information for people arrested in Comal County can be obtained by contacting the Comal County Jail.

  • How much is bail for a DWI in New Braunfels?

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

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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 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. Effective defense representation can fight for dismissal and work to mitigate consequences, saving time and money, and potentially preserving your career and reputation.

  • How much does a DWI lawyer cost in New Braunfels?

Fighting a DWI arrest comes with many expenses, including attorney fees and costs associated with having a robust defense strategy. While the financial commitment for a strong defense may be considerable, it is often justified to avert the harsh penalties and repercussions of a conviction. 

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In Comal County courtrooms, DWI charges can be dismissed with the help of compelling defense strategies. A critical aspect of achieving dismissal, particularly relevant for law firms handling such cases, involves challenging evidence presented by law enforcement agencies. This may include studying breath test results and other elements.

  • How to get a DWI dismissed in New Braunfels?

Challenging evidence is the most effective way to dismiss a New Braunfels DWI charge, whether it’s a DWI first offense, DWI 2nd, or even a felony DWI 3rd or more. DWI arrests are warrantless arrests, so everything must be challenged. If a judge suppresses evidence, the district attorney cannot use it to prosecute.

  • What are the chances of DWI dismissal in Comal County?

Dismissals of DWI charges occur frequently in courtrooms due to the effectiveness of defense strategies. These strategies compel state prosecutors to retract the charges. A pivotal element in securing a dismissal involves the meticulous challenge of evidence presented in the case.

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Individuals, including those identified as DWI offenders, can explore the option of record expunction under Texas DWI laws. For those in need of an expungement lawyer in New Braunfels, TX, Trey Porter offers expert legal assistance.

The firm’s proficient expungement lawyers are well-equipped to assess eligibility for record expunction and provide comprehensive guidance through the process. With decades of experience in expungement law, Trey Porter Law stands ready to assist clients in navigating the details of clearing or sealing their criminal records.

In New Braunfels, Texas, the impact of a criminal record can extend to employment opportunities and social interactions. Expungement makes a criminal record inaccessible to the public. Although specific eligibility criteria and the nuances of expunctions require consultation with a knowledgeable expungement lawyer, there are certain conditions under which expungement might be attainable. This is particularly relevant for those seeking to mitigate the long-term implications of a DWI violation.

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Trey Porter is a dynamic advocate, nationally recognized for his work as a trial lawyer. He has been voted by his peers as the best law firm in the field of Criminal and DWI Defense Representation every year since 2015. Recognized by Texas SuperLawyers, Mr. Porter, has also been distinguished as a Top 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 testimonials, peer review, and positive results.

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DWI Support and Information in New Braunfels, Texas

If you or someone you know is dealing with a DWI (Driving While Intoxicated) charge in New Braunfels, Texas, or Comal County, it’s important to seek information and resources to understand the legal process and available support. Please note that the legal landscape can change, so it’s advisable to consult with legal professionals for the most accurate and up-to-date advice. Here are some general steps you can take:

Comal County Government Website:

  • Visit the official website of Comal County for local resources and information related to legal matters, including DWI.
  • Website: Comal County Government Website

Comal County Sheriff’s Office:

  • Contact the sheriff’s office for information on law enforcement procedures and local regulations regarding DWI.
  • Website: Comal County Sheriff’s Office

New Braunfels Police Department

Texas Department of Public Safety (DPS):

  • The TxDPS issues and regulates driver’s licenses in the state of Texas. They have information on DWI penalties and license suspensions.
  • Website: Texas DPS

Please note that laws and procedures can vary, and an attorney can provide accurate information based on the latest regulations in New Braunfels and Comal County. Contact the team at Trey Porter Law today.

New Braunfels DWI Lawyer 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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