SAN ANTONIO DWI ATTORNEYS

Results-Driven DWI Defense for Bexar County & the Hill Country

Trey Porter Law is a San Antonio DWI firm providing aggressive, dismissal-focused defense for people arrested for Driving While Intoxicated charges.

With 40+ years of experience successfully defending every type of DWI charge, Trey Porter Law serves all of Bexar County and the neighboring cities of New Braunfels, Boerne, and Fredericksburg in the Hill Country.

If you’ve been arrested for DWI, you’re facing serious consequences, including jail time, a driver’s license suspension, and a permanent criminal conviction. You can’t change what happened, but you can change what happens next.

This page explains Texas DWI laws, timelines, penalties, and proven defense strategies in San Antonio.

Call for a free, confidential consultation: 210-673-1180.
Trey Porter Law is located in the historic Finesilver Building, downtown at 816 Camaron St., Suite 124, San Antonio, Texas 78212.

Reviewed by Trey Porter
San Antonio DWI Defense Attorney

Trey Porter defends DWI charges in San Antonio and surrounding counties with a focus on results. His defense strategy prioritizes dismissals, driver’s licenses, and record clearing. He’s a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, the Texas Criminal Defense Lawyers Association, and the San Antonio Criminal Defense Lawyers Association.

Reviewed for legal accuracy covering San Antonio, Boerne, New Braunfels, and Fredericksburg – aligned with Texas DWI law and current practices in Bexar, Kendall, Comal, and Gillespie counties (January 2026).

WHAT TO DO AFTER A DWI ARREST IN SAN ANTONIO

Hiring a San Antonio DWI attorney is the single most important thing to do after being released from the Bexar County Jail. You have a court date in approximately 30 days, things to file, and deadlines to make.

Request your ALR hearing within 15 days. This is the deadline to contest a driver’s license suspension after a DWI arrest. If you miss it, the suspension is automatic.
Identify bond conditions. Ignition interlock, drug testing, and reporting to Bexar County Pretrial start almost immediately. Noncompliance can result in an arrest warrant.
Assert & protect your rights. It’s important to file motions and request evidence for field sobriety testing, forensics (blood / breath testing), and body camera footage.

TREY PORTER: TOP RATED SAN ANTONIO DWI LAWYER

Trey Porter has been consistently recognized as one of the best DWI lawyers in San Antonio, a distinction he’s earned for over a decade. In 2025, he was again named among San Antonio’s Best DWI Lawyers by Scene in SA Magazine, an award based on peer voting from judges, prosecutors, and fellow attorneys.

Trey Porter is a member of the National College for DUI Defense and is listed in the NCDD attorney directory as a San Antonio DWI attorney. He leads the firm’s DWI docket in San Antonio, defending students and professionals challenging body camera footage, field sobriety tests, and breath and blood tests.

Trey Porter is one of the highest-reviewed DWI lawyers in San Antonio, with over 700 five-star reviews on Google and Avvo. Real people, facing high-BAC DWIs, accidents, open containers, and repeat offenses, have trusted him to deliver results and record protection when it matters most.

Trey Porter Law secures dismissals and reductions by challenging probable cause with Motions to Suppress, while navigating ALR hearings and Occupational driver’s licenses. The firm knows the judges, prosecutors, procedures – and what it takes to win.

WHAT HAPPENS AFTER A DWI ARREST IN SAN ANTONIO?

After a DWI arrest in San Antonio, booking, testing, and release often take 18 to 24 hours. The case then moves into bond, court assignment in Bexar County, and a critical 15-day deadline to request an ALR hearing to protect your driver’s license.

Hours 1–24: booking + breath/blood testing
Same day / next day: bond + release conditions
~30 days: first court setting in Bexar County
Within 15 days: request an ALR hearing to delay license suspension

Booking and DWI Testing

You’ll be taken to the Bexar County Jail for booking, and officers may request a breath or blood test; under San Antonio’s No Refusal practice, they can seek a warrant for a mandatory blood draw if you refuse.

Bond and Pretrial Conditions

Bond may include conditions like ignition interlock, testing, or check-ins through Bexar County Pretrial Services, and release may occur through cash bond, bail bond, or PR bond if approved.

15-Day Driver’s License Deadline (ALR Hearing)

You have 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing to delay the automatic driver’s license suspension.

Court Assignment and Arraignment

Your case is assigned to a Bexar County Criminal Court at the Cadena-Reeves Justice Center, and the first court setting is typically scheduled about 30 days after arrest.

Want a step-by-step breakdown? See what happens at your first DWI court date in San Antonio, including court assignment, bond conditions, and realistic timelines in Bexar County.

HOW TO BEAT A DWI CHARGE IN SAN ANTONIO

You beat a DWI in San Antonio by challenging the evidence. Outcomes depend on deadlines, the science of testing, and motion practice that forces the State to prove its case.

The strongest defenses and strategies for San Antonio DWI cases include:

Challenging the traffic stop
If officers lacked reasonable suspicion or probable cause, evidence that follows can be suppressed. No lawful stop can mean no conviction.
Attacking field sobriety tests
Trey Porter is trained on NHTSA standards. Improper instructions, uneven footing, poor lighting, and medical issues can undermine results.
Discrediting breath and blood evidence
Calibration problems, contamination, improper storage, and chain of custody failures can defeat so called scientific claims.
Using body camera and report inconsistencies
Contradictions between reports, video, and testimony can weaken the State’s case.
Leveraging Texas discovery law
Texas Code of Criminal Procedure Article 39.14 allows the defense to demand video, logs, lab notes, analyst documentation, and other evidence that often reveals errors.
Negotiating charge reductions when dismissal is not available
In some cases, DWI charges can be reduced through plea negotiations, including reductions to Obstruction of a Highway, depending on facts, history, and prosecutorial discretion.

The San Antonio DWI attorneys at Trey Porter Law defend every type of misdemeanor and felony DWI case, including high BAC, crash cases, refusals, and repeat arrests. With decades of combined trial experience and a 10.0 Avvo rating, the firm delivers results when freedom, careers, and driver’s licenses are on the line.

CAN A DWI BE DISMISSED IN SAN ANTONIO?

Yes. A DWI can be dismissed in San Antonio when the defense exposes an illegal stop, a lack of probable cause, unreliable field sobriety testing, or problems with breath or blood evidence. The fastest path to dismissal is forcing the State to account for every step of the arrest, from the stop to the testing, and exposing where the case breaks down.

Trey Porter has secured dismissals in San Antonio DWI cases, including cases involving high BAC allegations and contested testing.

WHAT ARE THE DWI PENALTIES IN SAN ANTONIO?

The penalties for a DWI in San Antonio can include jail time or supervised probation, thousands in fines, a driver’s license suspension, and a permanent criminal record. Texas DWI penalties increase by offense level and can become significantly more severe with a high BAC, a crash, or prior convictions. In Bexar County DWI cases, judges often impose strict bond conditions and probation terms, including ignition interlock devices, alcohol education programs, community service, and drug or alcohol testing. Repeat offenders and high-BAC cases are commonly ordered to install an ignition interlock as a condition of bond. Maximum Penalties for a DWI in San Antonio:

Offense	Level	Jail Time	Max Fine
DWI 1st	Class B Misdemeanor	72 hours – 180 days	$3,000
DWI 1st (BAC 0.15+)	Class A Misdemeanor	Up to 1 year	$6,000
DWI 2nd	Class A Misdemeanor	30 days – 1 year	$6,000
DWI 3rd or more	3rd Degree Felony	2 – 10 years	$10,000
DWI with Child Passenger	State Jail Felony	180 days – 2 years	$10,000

WHAT HAPPENS IF YOU GET A DWI IN THE MILITARY?

A military DWI in San Antonio can end a career. A single arrest can trigger two parallel proceedings: one in Bexar County Criminal Court and another under the Uniform Code of Military Justice (UCMJ). Because San Antonio is home to Joint Base San Antonio, including Fort Sam Houston, Lackland AFB, and Randolph AFB, service members face unique risks after a DWI arrest.

Consequences military members may face include:

Separation from service
Depending on the facts, Other-Than-Honorable (OTH) discharge or Article 15 proceedings may follow.
Security clearance suspension or loss
Command can suspend or revoke clearances while charges are pending.
Deployment restrictions
Arrests and bond conditions, including ignition interlock, can interfere with deployment orders.
UCMJ punishment
Nonjudicial punishment, administrative separation, or court-martial proceedings can run alongside civilian prosecution.
Loss of on-base driving privileges
Military installations often impose separate suspensions in addition to Texas DPS action.

Trey Porter Law has represented service members from every branch, defending DWI charges in Bexar County courts while coordinating with military defense counsel. Coordinated civilian and military defense is critical to protecting careers, clearances, and future service eligibility.

Need help with a service-member case? Read our guide on DWI consequences for active-duty military.

WHAT ARE THE DWI LAWS IN SAN ANTONIO AND TEXAS?

Texas Penal Code § 49.04 makes it a crime to operate a motor vehicle in a public place while intoxicated.

Under Texas DWI law, a driver is considered intoxicated if a blood alcohol concentration (BAC) is 0.08 or higher, or if alcohol or drugs impair normal mental or physical faculties.

Most first offense DWI cases are charged as a Class B misdemeanor. If BAC is 0.15 or higher, the charge is enhanced to a Class A misdemeanor.

The San Antonio Police Department, Bexar County Sheriff’s Office, and other local agencies including Leon Valley Police and UTSA Police enforce DWI laws aggressively.

CAN A HIGH BAC DWI BE DISMISSED IN SAN ANTONIO?

Yes. Trey Porter has secured dismissals in high BAC DWI cases in Bexar County, including cases involving DWI 0.15+, crashes, and test refusals.

Selected 2025 Bexar County outcomes:

Dismissed: Combat veteran charged with DWI 0.15+ and Unlawful Carry of a Weapon after an evening on the River Walk due to stop and evidentiary issues.
Dismissed: Sales professional accused after a crash near Loop 1604 with a reported BAC exceeding twice the legal limit due to testing reliability and procedural failures.
Dismissed: Local school teacher who refused breath testing after a stop on San Antonio’s East Side due to stop legality and proof problems.

High BAC allegations don’t make a case “unbeatable.” They make it more technical – and dismissals can come from forcing the State to defend the stop, the procedures, and the science behind the number.

WHAT TYPES OF DWI CASES DOES TREY PORTER LAW HANDLE?

Trey Porter Law defends every type of DWI charge in San Antonio, from first time arrests to serious felony allegations.

Types of DWI cases handled include:

Under 21 DUI – Class C Misdemeanor

DWI First – Class B Misdemeanor

DWI First with BAC 0.15 or higher – Class A Misdemeanor

DWI with Open Container – Class A or B Misdemeanor

DWI with Child Passenger – State Jail Felony

DWI Second – Class A Misdemeanor

DWI Third or more – Third Degree Felony

Intoxication Assault – Third Degree Felony

WHAT IS THE ALR HEARING IN A TEXAS DWI CASE?

An Administrative License Revocation, also called an ALR hearing, is the process used to contest a driver’s license suspension after a DWI arrest in Texas. You can drive after a DWI arrest in San Antonio until a suspension takes effect, but if you don’t request an ALR hearing within 15 days, the automatic suspension typically hits around day 40.

During a suspension, some drivers may qualify for an occupational driver’s license to maintain limited driving privileges. After the suspension period ends, DPS can reinstate the driver’s license once all requirements are satisfied.

IS JAIL MANDATORY FOR A DWI IN TEXAS?

No. Jail is not mandatory in every DWI case, but Texas law includes mandatory minimum jail requirements in certain situations such as repeat offenses and DWI with an Open Container. In San Antonio, DWI first-offense cases can be resolved through probation, negotiated outcomes, or dismissal depending on the facts and the evidence.

CAN A DWI BE REDUCED IN SAN ANTONIO?

Yes. Some DWI charges in San Antonio can be reduced through plea negotiations, including reductions to Obstruction of a Highway. A reduction can lessen long term record damage and reduce driver’s license consequences compared to a DWI conviction.

CAN A DWI BE EXPUNGED IN TEXAS?

Yes, but only in specific outcomes. A DWI can be expunged in Texas if the case is dismissed, ends in a not guilty verdict, or otherwise meets the requirements of Chapter 55 of the Texas Code of Criminal Procedure.

For a full breakdown, see: Can a DWI be expunged in Texas?

HOW LONG DOES A DWI STAY ON YOUR RECORD IN TEXAS?

A DWI conviction stays on your record forever in Texas. Texas law does not provide automatic expiration. Dismissed cases and not guilty outcomes may qualify for expunction, and certain deferred adjudication cases may be eligible for nondisclosure under Texas law.

DO I NEED A LAWYER FOR A FIRST TIME DWI?

Yes. A first time DWI in Texas is commonly a Class B misdemeanor punishable by up to 180 days in jail, a fine up to $2,000, driver’s license suspension risk, and a permanent criminal record. Hiring an experienced San Antonio DWI lawyer gives you the best chance to fight for dismissal, reduce the charge, and protect your record and driver’s license.

For licensed professionals, a DWI isn’t just a criminal case – it can also trigger reporting duties, board investigations, and career damage.

A DWI can trigger professional licensing consequences for teachers, including reporting obligations and disciplinary action. Read: DWI for Teachers in Texas.
For nurses, a DWI can create a second track of risk beyond court, including Texas BON scrutiny and job-related fallout. Read: DWI for Nurses in Texas.

HOW MUCH DOES AN EXPERIENCED DWI LAWYER COST IN SAN ANTONIO?

An experienced San Antonio DWI lawyer typically costs $6,000 to $10,000 for a first offense. Felony or trial focused cases can reach $12,000 or more depending on evidence volume, testing issues, and courtroom preparation. Trey Porter Law offers transparent flat-rate pricing in many DWI cases, so clients know the cost up front.

10 FAST FACTS ABOUT DWI IN SAN ANTONIO

What happens if you’re arrested for DWI in San Antonio?
You’re booked, given bond conditions, and subject to an automatic driver’s license suspension. A San Antonio DWI attorney can request an Administrative License Revocation, also called an ALR hearing, within 15 days, contest the suspension, and begin defending the case immediately.
Do you lose your driver’s license if you get a DWI in San Antonio?
Yes. Texas DPS can suspend your driver’s license after a DWI arrest. The driver’s license suspension can range from 90 days to 2 years. CDL drivers face more serious suspensions.
What are the penalties for a first offense DWI in Texas?
The penalties for a first offense DWI Class B misdemeanor are 0 to 180 days in jail and up to a $2,000 fine. Aggravating factors like high BAC can increase charge level and penalties.
What are the penalties for a second DWI offense?
The penalties for a second offense DWI Class A misdemeanor are 3 to 365 days in jail and up to a $4,000 fine.
What happens after a third DWI in Texas?
After a third DWI in Texas you’re facing two to ten years in prison, a fine up to $10,000, and a permanent convicted felon designation.
Can I get my first DWI dropped in San Antonio?
Yes. DWI charges can be dismissed when the defense exposes illegal stops, unreliable testing, or procedural failures.
How do DWI lawyers beat evidence in San Antonio?
By filing suppression motions, exposing field sobriety errors, and attacking breath and blood evidence through discovery and expert-driven defense strategy.
How are breath and blood tests challenged in court?
Breath and blood evidence can be challenged through calibration records, chain of custody, analyst documentation, instrument logs, lab notes, and compliance issues.
Why does DWI specific experience matter?
DWI defense depends on technical evidence and procedural deadlines. DWI-focused attorneys know how to pressure the State’s proof and expose weaknesses.
Is DWI worse than DUI in San Antonio?
Yes, DWI is worse. Under Texas law, DUI is punishable by fine only, no jail time. DUI is only for minors under 21. DWI is punishable by jail time, higher fines, and harder consequences.

WHO IS THE BEST DWI LAWYER NEAR ME?

The best DWI lawyer near you is the one who moves fast, fights the evidence, and protects your driver’s license immediately. In San Antonio, the right DWI attorney (1) requests the ALR hearing within 15 days, (2) attacks the traffic stop and field sobriety tests, and (3) exposes flaws in breath or blood testing that can lead to a dismissal or reduction in Bexar County.

If you were arrested in San Antonio or nearby Boerne, New Braunfels, or Fredericksburg, those same defense fundamentals can determine whether your case is dismissed, reduced, or taken to trial.

To maintain that level of preparation and courtroom pressure, Trey Porter Law limits the number and type of cases it accepts so each DWI client receives a complete, outcome-driven defense from start to finish.

Call for a free, confidential consultation: 210-673-1180. Trey Porter Law is located in the historic Finesilver Building at 816 Camaron St., Suite 124, San Antonio, Texas 78212.

First DWI Court Date in San Antonio ↗
Can You Drive After DWI in San Antonio ↗

San Antonio Criminal Defense and Record Clearing

Trey Porter Law serves San Antonio, New Braunfels, and Fredericksburg with focused representation in DWI, Public Intoxication, and Expungement.

Client Reviews

D. Cunningham

You or your family member will be in the most competent and caring hands during your DWI defense! We can’t thank Joseph and the rest of the team enough for being there for us through a very anxious and unfamiliar process.

X. Deleon

I highly recommend Attorney Porter to any and all individuals who are facing DWI charges. Attorney Porter and his staff were very thorough and were always available to answer any questions and walk me through the court process. My case had several hurdles to jump but every step of the way Attorney Porter was by my side to fight for me and keep me posted on what to expect and next steps.

C. Alvarez

While searching for the BEST DWI Attorney, Trey Porter immediately got my attention! Less than 2 mins. into my consultation, I knew I made the right choice. He's a straight shooter with this calming effect that makes you feel at ease. He's a great listener and has answers to all your questions.

Get Results. Get Started

Get In Touch

Trey Porter Law
816 Camaron St Suite 124

San Antonio, TX 78212

Phone: (210) 673-1180