San Marcos DWI Lawyer


Driving While Intoxicated is a serious charge. If you are facing a DWI in San Marcos, even as a first offense, the stakes are high. DWI charges impact driving privileges, employment, and your ability to travel. DWI is a criminal misdemeanor with a maximum punishment of one year in jail.

Outcomes matter when liberty and livelihood are on the line. You can’t win if you don’t fight, and you cannot fight alone.

San Marcos DWI Lawyer

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter is recognized as a Texas SuperLawyer, and 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.

  • Do I need a lawyer for a DWI in Texas?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 liberty and livelihood are on the line. Learn more.


The penalties for DWI in Texas are severe, and San Marcos is no different. The Hays County District Attorney seeks a conviction in every case, and does not dismiss charges for first-time offenders. Everyone facing a DWI charge is facing jail time. 

San Marcos DWI Lawyer

  • Can a DWI be dismissed in San Marcos?DWI charges can be dismissed by challenging the State’s evidence. DWI arrests are warrantless arrests. Officers must establish reasonable suspicion and probable cause in every case, every time, without exception. Learn more.
  • 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 Driver’s License suspension, and a permanent criminal conviction. Aggravating factors increase fine amounts and periods of incarceration. Learn more.


After being arrested for DWI in Hays County, everyone is eventually taken to the Hays County Jail in San Marcos for processing and an eventual appearance before a magistrate judge. Magistrate judges set bond amounts and other conditions of release.

This process is slow, impractical, and frustrating. After release, defendants are provided with a court and property return information. In San Marcos, it often takes 8-10 months from jail release before a DWI case is resolved.

San Marcos DWI Lawyer

  • What to expect after a first-time arrest for DWI in Hays County?The process for resolving a first-time San Marcos DWI is long. However, critical deadlines begin immediately. There are only 15 days to contest the automatic driver’s license suspension. The contest is important, and should not be missed. Learn more.

    The first court setting is next, typically 30 days after arrest. This setting will not provide resolution, but will require time and participation. Missing this court date will result in additional criminal charges. It is important to hire counsel ahead of these early dates and deadlines. Learn more.
  • Can you drink on DWI bond in Hays County?You cannot drink while on bond for DWI. Hays County judges prohibit drinking while on bond for DWI, even for defendants over 21 years old. This pretrial condition can be checked through drug testing during the pendency of a case.  


Driving privileges are subject to suspension after a DWI charge, but they are not immediately suspended. A replacement driver’s license can be requested from the Texas Department of Public Safety online. Getting your license card back does not prevent the forthcoming suspension, and it does not serve as a request for an administrative hearing. Learn more.

DWI Lawyer San Marcos

  • Do you lose your license for first DWI in Hays County?Driving privileges are suspended after an arrest for DWI in San Marcos. The suspension does not come from a Hays county judge, however. Texas DPS administratively enters the suspension.

  • How long can your license be suspended for DWI in Texas?Driving privileges are suspended for 90 – 180 days after an arrest for DWI in San Marcos. Commercially licensed drivers face significantly longer periods of suspension.  Learn more.

  • Can you drive with a suspended license in Hays county?You cannot legally drive with a suspended license in Texas. Driving with a suspended license while a DWI is pending in San Marcos can result in bond revocation and additional criminal charges.

    An Occupational License is the only way to legally drive during a period of suspension in Texas. Learn more. 


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

DWI Lawyers San Marcos

  • What is the penalty for first-time DWI in Hays County?A first-time DWI charge in San Marcos 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 license suspension.DWI charges can be enhanced by certain factors. These enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights.
  • What is the punishment for the first DWI in San Marcos?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 counsel they receive. An experienced, resourceful defense can make the difference between a dismissal and a conviction. Learn more.
  • Is the first DWI a felony in San Marcos?A first-time DWI charge in Hays county is a Class B misdemeanor. However, aggravating factors like serious bodily injury or the presence of a child passenger under 15 years old can result in felony charges. Learn more.


In addition to a permanent criminal conviction and jail time, DWI can negatively affect a person’s right to concealed carry of a handgun, travel outside of Hays county, and driving privileges, especially those of commercial drivers, can be heavily impacted by DWI charges. Learn more.

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  • What are the penalties for a Hays County misdemeanor DWI?All first-time DWI charges in San Marcos 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 license suspension.

  • What are the penalties for Class B DWI charge in San Marcos?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 license suspension.
  • What are the penalties for Class A DWI charge in San Marcos?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 license suspension. Learn more.
  • What are the penalties for DWI .15+ charge in San Marcos?DWI 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 license suspension.

San Marcos DWI Lawyers

  • What are the penalties for DWI with Open Container in San Marcos?DWI with an Open Container is a Class A or B misdemeanor, depending on the BAC, falling into the same punishment ranges as set forth above. However, a person convicted of this offense faces a minimum of 6 days in jail because of the Open Container enhancement. Learn more.
  • What is the penalty for DWI with a child passenger in Hays county?DWI with a Child Passenger is a State Jail 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 license suspension as well other serious, collateral consequences associated with being a convicted felon.
  • What are the penalties for San Marcos 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. Learn more.


Everyone released on bond for DWI 2nd in Hays 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. Learn more.

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  • How much does a second DUI cost?The maximum fine for a DWI 2nd offense in San Marcos 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 law to pay for a DWI 2nd in Hays county.
  • What happens if you get 3 DWIs in San Marcos?After two DWI convictions, the third charge is a felony charge. Even if the first two convictions were outside of Hays 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. Learn more.
  • Can you get a DWI off your record in San Marcos?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. Learn more.

  • How long does a DWI stay on your record in Texas?A Hays county DWI charge stays on the record forever, even if there was no conviction. A conviction for DWI in San Marcos or elsewhere in Texas also becomes part of a person’s permanent criminal record. Learn more.


DUI is a Class C misdemeanor in San Marcos 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. Learn more.

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  • Can you avoid jail time for first DUI in Hays county?You can avoid jail for DUI in San Marcos. 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 San Marcos, Texas?The cost to fight a DUI charge in San Marcos is thousands of dollars at minimum. Comparatively, the overall cost of a DUI conviction cannot be quantified. DUI is a criminal offense that can wreck college admission, scholarship applications, and job opportunities. Learn more.


After a first DUI charge in Hays county, a court date will be generated. Ahead of the court setting, the most important step to take is retaining experienced counsel. When your education and future are on the line, it is critical to build a powerful defense and start working toward a dismissal. Learn more.

San Marcos dwi lawyers

  • Does a DUI show up on a background check in San Marcos?DUI charges will show up on background checks forever in Texas. If convicted, a DUI can  never be expunged or sealed through nondisclosure. DUI convictions harm college and financial aid applications and negatively impact career opportunities. It’s critical to avoid a final conviction and protect your future at all costs. Learn more.
  • Can San Marcos DUI charges be dismissed?DUI and DWI charges can be dismissed in San Marcos. Under no circumstances should a minor plead guilty to DUI in Hays county. Every case has defenses and it is critical to do everything possible to protect your rights and preserve your future. Dismissal is the first step towards deleting the entire incident through expunction. 


Jail release in San Marcos can take up to, and sometimes longer than, 24 hours. It’s a complicated, time-consuming process. Updated information for people arrested in Hays county can be obtained by contacting the Hays County Jail at (512) 393-7800.

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  • How much is bail for a DWI in San Marcos?Bail for first-time DWI charges in Texas rarely exceeds $5,000.00. This is the first of many costs associated with the Texas DWI process. Judges have total discretion over bond amounts. Learn more.

  • How do I find out if someone is in jail in Hays county?To search for recent San Marcos DWI arrests, you must contact the Hays County Jail at (512) 393-7800.


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.

San Marcos dwi lawyers

  • 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. An effective DWI lawyer can fight for dismissal and work to mitigate consequences, saving time and money, potentially preserving your career, education opportunities, and reputation. Learn more.

  • How much does a DWI lawyer cost in San Marcos?Fighting a DWI costs thousands of dollars. In San Marcos, even first-time offenders can face up to 365 days in jail. 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.


DWI charges in Hays county can be beat. When your future is on the line, you must do everything to assert and protect your constitutional rights. You must utilize due process to confront all witnesses and challenge all evidence. You can’t win if you don’t fight. Learn more.

San Marcos dwi lawyer

  • How to get a DWI dismissed in San Marcos?Challenging evidence is the most effective way to dismiss a San Marcos DWI charge, whether it’s a DWI first-offense, DWI 2nd, or even a felony DWI 3rd or more. DWI arrests are warrantless arrests, therefore everything must be challenged. If a judge suppresses evidence, the State cannot use it to prosecute.
  • What are the chances of DWI dismissal in Hays County?DWI charges are dismissed everyday in Hays county. 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 critical to obtaining a dismissal. Learn more.

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San Marcos DWI Lawyer 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

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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.

    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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