San Antonio DUI Lawyer

Texas has a Zero Tolerance policy for minor drivers under the age of 21. A minor found to be operating a motor vehicle with any detectable alcohol in their system can be cited or arrested for either Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The ramifications are severe in either case, with administrative penalties and life-long consequences.

What is a DUI in Texas?

DUI is a Class C Misdemeanor in Texas. A minor commits the offense of DUI if they are found to be operating a motor vehicle in a public place while having alcohol in their system. 

  • What is the legal limit for DUI in Texas? The blood alcohol concentration (BAC) limit for DWI is above 0.08. However, for DUI, the legal limit is 0.0. Any detectable amount is too much. Officers often do not request blood or breath specimens, instead of relying on training and experience to determine if alcohol has been ingested.

What are the Penalties for DUI in Texas?

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.

  • How much does a DUI in Texas cost? Up to $1,000.00 in expenses, fines and fees. However, it’s impossible to quantity the potential cost of lost income and opportunity associated with a permanent conviction.
  • How long does DUI stay on your record in Texas? Forever. A conviction for DUI is permanent and cannot be deleted or expunged.
  • Will a DUI affect a background check? Yes. A DUI conviction will show up on background checks and must be disclosed on school admissions applications and job applications.
  • Can you go to jail for DUI? No. Class C Misdemeanors are only punishable by fines and probation in Texas.

What is the Difference Between DWI & DUI in Texas?

DUI is a Class C Misdemeanor that only applies to minors under the age of 21. The legal limit for a DUI charge is 0.0. Minors are prohibited from operating a motor vehicle with any detectable alcohol in their system. 

DWI is a Class B Misdemeanor (unless enhanced). It is legal for an adult to operate a motor vehicle with alcohol in their body, so long as their BAC is under 0.08 at the time of operation. 

  • Can a minor be charged with DWI in Texas? Yes. Though a minor may be charged with DUI in Texas, they can also be prosecuted as an adult if charged with DWI. A first-time DWI charge in Texas is a Class B Misdemeanor (unless enhanced). 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.
  • Is it worth fighting a DUI or DWI charge in Texas? Yes. It is critical to fight DUI and DWI charges in Texas. The consequences of a conviction for either is expensive and far-reaching. It is critical to do everything possible to protect your rights and preserve your future.


Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been 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.

San Antonio DUI 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.

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    Trey Porter fought for me! I am a nurse and thought my career was over.

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    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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