San Antonio DWI Lawyer

dwi attorney san antonio

Summary:  This article is a comprehensive overview of the DWI process in San Antonio. This article provides information about San Antonio DWI penalties, DWI defenses, and answers to frequently asked questions about DUI. 

If you’re facing a DWI charge in San Antonio,Texas TPL’s experienced DWI lawyers can mitigate the harsh consequences and protect your future. San Antonio DWI charges are serious, and negatively impact driver’s licenses, employment, and college admissions. Bexar County DUI charges also come with constitutional limitations on gun and travel rights. Everyone arrested for DWI in San Antonio is facing jail time, from 6 months to 10 years in prison for repeat offenders.

Trey Porter Law has over 40+ years of combined experience representing people facing DWI charges in San Antonio and Bexar County, as well as the surrounding areas of Bandera, Boerne, Fredericksburg, New Braunfels, San Marcos, and Seguin. The trial lawyers at TPL are committed to getting the best result in every DWI case, every time.


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Attorney Trey Porter has been voted a Best DWI/DUI Lawyer in San Antonio every year since 2015. With a Superb rating from AVVO, Mr. Porter is the highest-rated DWI lawyer in San Antonio, and a multi-year recipient of the People’s Choice Award where DUI attorneys are peer-reviewed, and rated for skillful litigation, client satisfaction, and positive results. A Texas SuperLawyer, Mr. Porter has received recognition from the National Trial Lawyers Association, Three Best Rated, and San Antonio Magazine.

Trey Porter Law has a team of high-powered attorneys with formidable experience in Texas DWI law. The firm works relentlessly to provide clients with the highest quality of life, while working to obtain a dismissal or reduction in every DWI case. 

  • EXPERIENCED ATTORNEYS: Experience is the foundation of the firm’s success. With 40+ years of experience, the DUI lawyers at TPL have earned thousands of case dismissals, 700+ 5-Star Reviews, and the knowledge and experience to successfully fight a DWI case from every angle.
  • PROVEN TRACK RECORD OF SUCCESS: TPL has a reputation for getting big wins in the toughest cases. Relentlessly fighting for the rights of clients while shielding them from the Government’s unfair and overreaching prosecution and persecution.
  • CLIENT-CENTERED APPROACH: The team at TPL prioritizes quality of life for all clients. Representing professionals across varied industries and occupations, TPL is committed to communication and transparency in the pursuit of uncompromising results.


dwi lawyer san antonio

Texas law defines Driving While Intoxicated as operating a motor vehicle while not having normal faculties due to consumption of intoxicants like alcohol or drugs, or with a blood alcohol content of 0.08% or higher. The Texas law on DWI is in the Texas Penal Code 49.04: 


(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.

  • What is the legal alcohol limit in San Antonio? The legal blood alcohol content (BAC) limit in San Antonio is 0.08 for adults over 21 years old. You can be arrested for DWI in San Antonio without a high BAC if law enforcement believes drugs are in play.
  • Is San Antonio No Refusal? Yes – the City of San Antonio has a No Refusal policy. If a driver refuses to provide a breath or blood specimen, police officers obtain a warrant from a Bexar County Magistrate Judge and draw blood – forcibly if necessary. 


San Antonio DWI Lawyers

A first-time DWIcharge in San Antonio is a Class B misdemeanor, punishable by up to 6 months in jail, a $3,000 fine and court costs, and a driver’s license suspension. For defendants that receive probationinstead of jail, court ordered classes and community service, alcohol monitoring devices compliance, and reporting to a probation officer are typical requirements from Bexar County judges. Enhanced DWI offenses include: 

  • DWI 0.15+ – is a Class A misdemeanor in San Antonio, with increased penalties up to 1 year in jail and $6,000 in fines.
  • DWI OPEN CONTAINER – violates the Texas Open Container law and requires 6-days in the Bexar County jail.


No. A DWI charge is a misdemeanorin San Antonio. However, Bexar County prosecutors can enhance a DWI to felony if there was a child under 15 years old in the vehicle, or if the driver has 2 previous convictions for DWI. DWI charges also become felonies if serious bodily injury or death occurred. 

  • What’s the difference between DUI and DWI? DUI is a Class C misdemeanor applicable only to minors under 21 in Texas. Texas has a zero tolerance alcohol policy for minor motorists. Minors can be charged as adults with DWI, but adults can never be charged with DUI. Read the full article about Texas DUI & DWI charges here. 


top rated san antonio dwi lawyer

Reviewing and challenging all evidence is the best way to beat a DWI charge in San Antonio. This includes reports, audio, video, internal affairs records – everything that could make a difference. DWI charges can be beaten in San Antonio – but you can’t win if you don’t fight. 

  • What happens if I plead guilty to a DWI charge? Simply pleading guilty without exercising constitutional rights to review and challenge evidence is dangerous, and could result in months in jail. You should never just plead guilty to DWI.

    The experienced San Antonio DWI lawyers at TPL build powerful DUI defense strategies leveraging Texas DWI laws and the constitutional rights of the 5th, 6th, and 14th amendments to get  DWI cases dismissed in San Antonio and across Texas.

    The experienced DUI Attorneys at Trey Porter Law focus on 3 key factors:
  • CHALLENGE THE STOP – if the traffic stop is illegal, the prosecutor’s case is going to fall apart. A powerful DUI defense looks for reasons to suppress officers’ reasonable suspicion.
  • CHALLENGE OFFICER CREDIBILITY – standardized field sobriety tests can’t be taken seriously if administered wrong. It is critical to review all body camera footage to determine if the officer adhered to training procedures.
  • CHALLENGE BREATH AND BLOOD TESTS – machines break, and machines don’t work right if used wrong. A powerful DWI defense must always review and challenge breath and blood testing evidence when fighting for a San Antonio DWI dismissal. 


Being arrested for DWI in San Antonio is the start of a long, frustrating process. On average, DWI cases take approximately 12 months to resolve at the court level.

  • What happens when you get arrested for DUI in San Antonio? Whether arrested by the San Antonio Police Department or a smaller jurisdiction like Alamo Heights or Castle Hills, everyone is eventually routed to the Bexar County Magistrate office where a judge will set a bond amount and conditions of release. This process can take 18-24 hours in San Antonio. Here’s the linkto search for people arrested for DWI in San Antonio.

    Bexar County Magistrate

    Address: 200 N Comal St., San Antonio, TX 78207

    Phone: (210) 335-6111
  • What happens at DUI Arraignment? Nothing substantial happens at the first court date for a DWI in San Antonio. The first court date is historically called the Arraignment. Being on time for court is the most important thing to do on the first court date. The Cadena-Reeves Justice Center in San Antonio is located at 100 Dolorosa St. downtown, and it’s crowded. Parking is limited. Arrive early to avoid a warrant for Failure to Appear.
  • What to expect with DWI in San Antonio? The DWI process is long, but it is right to expect a thorough, detail-oriented defense that yields results. Every citizen in Texas is afforded a right to due process under the law, and further, a right to confront witnesses and review evidence. Texas DWI law is nuanced and best left to experienced attorneys with a DWI-focused practice. 


san antonio dwi attorney

Trey Porter has been named the Best DWI & DUI Lawyer in San Antonio by Three Best Rated. Mr. Porter has represented thousands of Texans over his career in criminal defense. While every case comes with unique challenges, Mr. Porter works to challenge field sobriety tests, challenge breath and blood tests, and leverage reputation and relationships all in an effort to get the best result for every client, every time. 

  • Address: 816 Camaron St., Suite 124, San Antonio, TX 78212
  • Phone: 210-673-1180


DWI convictions have serious consequences. Students can lose scholarship and admissions opportunities. Professionals face a loss of income, and licensed professionals, particularly those in the medical field, like nurses, face license suspension and additional consequences.

The 3 main categories of consequences with DWI in San Antonio:

  • LEGAL CONSEQUENCES – up to 1 year in jail for a first-time charge with a BAC of 0.15. Repeat offenders face even harsher penalties.

    → TPL has 40+ combined experience shielding clients from severe consequences

    and the harsh landscape of the Bexar County Jail.
  • PROFESSIONAL & PERSONAL CONSEQUENCES – driver’s licenses suspension, consequences with work, and other professional boards.

    → TPL keeps clients on the road with occupational licenses, and provides expert

    advice for employment, reporting, and licensing.
  • LONG TERM CONSEQUENCES – convictions are permanent and stay on the record forever, appearing on every background check and security clearance.

    → TPL works to dismiss and reduce all DWI charges. The best in-court result

    paves the way for the best long-term result. Dismissals can often be deleted

    through DWI expunction, and reductions can be sealed through orders of


    TPL’s experienced legal team works to guide you safely through the San Antonio DWI process, working every possible angle to get the best result in your case. Read more about Trey Porter Law’s top-rated service. 


The best result for a San Antonio DWI charge is a dismissal. The 5-Star customer service at TPL works to obtain the best result in court while supporting clients’ outside of court. TPL provides powerful criminal defense with a proven record of success. 

  • FREE CONSULTATION: During the initial consultation our legal experts answer questions, identify potential defenses, and discuss a plan for success.
  • BUILDING A DEFENSE: Our battle-tested trial lawyers begin building a powerful defense immediately by making broad legal requests and assertions with the Government.
  • SUPPORT ALL THE WAY: Communication is the bedrock of support at TPL. The team has earned over 700+ 5-Star reviews for their commitment to results & client quality of life. 


san antonio dwi lawyers

TPL has stood up for thousands of San Antonians facing DWI charges. Here are the most common questions for what to do after a DWI in San Antonio: 

  • What are the penalties for a first-time DWI in San Antonio? Penalties for a first-time DWI can include a fine up to $6,000, 1 year in jail, driver’s license suspension, and mandatory classes and community service.
  • Can I get a DWI if my BAC is below 0.08%? Yes, San Antonio prosecutors don’t dismiss DWI cases with BAC’s below 0.08%. In Texas, you can be convicted of DWI even if your BAC is below 0.08% if there is enough evidence to show impairment.
  • What should I do immediately after being arrested for DWI? Contact an experienced San Antonio DWI attorney as soon as possible, and avoid making any statements to police or prosecutors without your lawyer present​​.
  • How can I challenge the results of a breathalyzer test? Making legal requests for the breathalyzer test results, calibration information, and maintenance logs are just some of the many ways to challenge the BAC results. The DWI lawyers at Trey Porter Law challenge the breathalyzer test in every case – often winning exclusion of the BAC altogether.
  • What is a DWI and how does it differ from a DUI? DUI is a crime only applicable to minors under 21. DWI is applicable to adults, 21 and older. Under Texas law, minors can be charged with DWI, but adults can never be charged with DUI. In San Antonio, the Bexar County District Attorney often charges minors with DWI.
  • Will I lose my license after a DWI arrest? Yes. The Texas Department of Public Safety initiates an automatic license suspension for failure or refusal in every DWI and DUI case. You have 15 days from the date of arrest to request a hearing to challenge the suspension​​. This deadline should not be missed.
  • How much does a DWI cost in San Antonio? A San Antonio DWI costs thousands of dollars. The total costs can vary from $5,000 to $15,000. While the up-front costs are expensive, the long-term costs of a DWI conviction are incalculable. It’s worth every penny to avoid a DWI conviction.
  • What is the legal process after a DWI arrest? 5 important steps in the legal process after DWI arrest in San Antonio:

    1 – release from the Bexar County Magistrate. 

    2 – meeting with your bail bond company or Bexar County Pretrial Services to confirm communication and bond requirements, like ignition interlock installation.3 – obtaining the first court date from the Bexar County Clerk’s office.

    4 – hiring an experienced DWI attorney to begin making the proper legal requests and filings – including the Driver’s License ALR request with Texas DPS.

    5 – attending court appearances while your legal team works hard for the best outcome.

  • Can I get a DWI expunged from my record? Yes, DWI charges can be expunged if your case is dismissed without probation. DWI charges can also be dismissed after winning a trial through acquittal. Consulting with a knowledgeable DUI attorney is crucial to understanding eligibility​​.
  • What are the common defenses against a DWI charge? In San Antonio, common DWI defenses include challenging the traffic stop, reasonable suspicion, probable cause, field sobriety testing, blood & breathalyzer tests, and highlighting errors that show reasonable doubt. The State must meet its burden of proof in every DWI case. 
San Antonio DWI Lawyer FAQs; Knowledge is power. Get honest answers now.

    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.

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