Texas DWI Lawyer

Driving While Intoxicated (DWI) is a very serious crime and the effects of this charge are severe. Everyone facing a DWI in Texas is facing jail time. Driving under the influence of drugs or alcohol not only endangers the driver but also poses risks to passengers, pedestrians, and other motorists. The impact of a DWI conviction extends far beyond the courtroom, affecting various aspects of life.

The impact of a DWI conviction extends far beyond the courtroom and can impact employment, driving privileges, and college admissions. Convictions for driving while intoxicated are permanent and expungement is not always possible. You can fight by building a dynamic, powerful defense. Trey Porter Law firm is here to help. Start now.

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The stakes are high when your life and livelihood are at risk. Arrests for driving while intoxicated are warrantless arrests and the State is legally bound to the burden of proving the charge beyond all reasonable doubt. A dismissal is possible in every DWI case, no matter the circumstances.

Trey Porter Law has a proven track record of securing dismissals in even the most difficult cases. While each case is unique, an aggressive and thorough approach consistently yields the best results. TPL trial lawyers have a steadfast commitment to uncompromising results.

  • Can a Driving While Intoxicated charge be dismissed in Texas?

Yes, a DWI charge can be dismissed by effectively challenging the State’s evidence. Police officers must establish reasonable suspicion and probable cause in every case without exception. By addressing the reasonable suspicion and probable cause cited by the police officer, a good attorney can beat a DWI in Texas. Learn more about how a strong defense can result in a DWI dismissal.

  • How can a DWI case be won in Texas?

Challenge the evidence. Police officers make mistakes. Mistakes by police officers and forensic analysts can be pivotal. Obtaining all evidence for review and challenges is the best way to win a DWI case in Texas. Learn more about fighting DWI charges.


Trey Porter Law is among the highest-rated law firms in Texas, recognized statewide and nationally for their excellence. Our attorneys have over 40 years of combined experience in criminal defense, delivering successful outcomes for thousands of Texans.

From students to teachers, veterans to first responders, and professionals across varied industries, the firm brings a results-oriented and client-focused approach to solving complex problems. 

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Individuals throughout the state of Texas can depend on our Texas attorney services. Whether you’re looking for an Austin DWI lawyer, a San Antonio DWI lawyer, or the best DWI lawyers in Odessa, TX, TPL is here to serve you. See the following list to discover where we can help those facing DWI cases:

With 100+ reviews on AVVO and rated as a Texas SuperLawyer, Trey Porter Law offers a client-focused, results-oriented approach to solving complex legal issues. TPL’s full list of service locations can be found here


In Texas, DWI is defined under the Texas Penal Code, Section 49.04:

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Explore the meaning of DWI here

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  • What does DWI mean in Texas?

DWI means driving while intoxicated. Texas defines intoxication as a blood alcohol content, or blood alcohol concentration (BAC), of 0.08 or more. Texas also defines intoxication as the loss of the normal use of mental or physical faculties by reason of the introduction of alcohol or drugs. Learn more about Texas DWI charges.

  • What is a DUI in Texas?

DUI is a Class C Misdemeanor in Texas, specific to minors under 21, who are found operating a motor vehicle with any detectable alcohol in their system. Find out more about jail time for DUIs.

  • What is the difference between DUI and DWI  in Texas?

DUI means driving under the influence, whereas DWI means driving while intoxicated. In Texas, adults are legally permitted to drive after consuming alcohol. Minors are never permitted to operate a motor vehicle after alcohol consumption – even if with parental permission. Read more about the DUI vs. DWI.

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First-time DWI offenders face jail time, suspended driving privileges, travel restrictions, loss of 2nd amendment rights, and a permanent criminal conviction.

  • Is a DWI a felony in Texas?

No. In Texas, a first-time DWI charge is a Class B Misdemeanor, unless enhanced. In Texas, only DWI 3rd (or more) and DWI with a Child Passenger are classified as felony offenses. Find out more about misdemeanors vs. felonies.

  • What is Texas law for ignition interlock devices?

Texas law mandates the use of ignition interlock devices (IID) for repeat offenders and, increasingly, for first-time offenders as well. An Ignition interlock device is a machine installed in motor vehicles to measure a person’s breath for alcohol. Judges often require an IID as a condition of probation, even though it’s not always mandated by law. See how Texas probation violation lawyers can help you.

  • How long does the State of Texas have to file charges?

The State of Texas has a statute of limitations for filing DWI charges: two years for misdemeanors and three years for felonies. View more information about the statute of limitations.

  • Can you get probation for a first DWI in Texas?

Yes, probation is possible for a first DWI in Texas. While probation can mitigate some penalties, judges have the discretion to grant or deny it. See more about DWI probation in Texas.

  • Can you get off probation early for DWI in Texas?

Yes, in limited circumstances where a Texas state court judge has granted deferred adjudication, a person may petition the court for early termination from probation. Learn more about deferred adjudication.


The financial costs of a DWI in Texas can be substantial, ranging from ten to twenty thousand dollars, covering bail, legal fees, court costs, increased insurance premiums, and more. Investing in a skilled DWI attorney can help mitigate these expenses by reducing fines and avoiding jail time.

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  • How much does a DWI attorney cost in Texas?

Thousands of dollars, at minimum. The total cost for the best DWI lawyer in Texas depends on location, first-time charge vs repeat offender, and the attorney’s fee structure – hourly vs flat. See a breakdown of the cost of a Texas DWI attorney here.

  • Can an attorney reach deals on DWI in Texas?

Texas DWI lawyers can reach deals on DWI cases. When negotiating plea bargains, it is critical to negotiate from a position of strength. This advantage can only come from reviewing and challenging the State’s evidence. An attorney can help you achieve the best possible outcome in your DWI case.

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

Yes. Facing a DWI charge without legal representation is risky due to the severe penalties involved. The Sixth Amendment to the Constitution guarantees the right to counsel when facing criminal prosecution. Read details about the Sixth Amendment.

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After a DWI arrest in Texas, individuals typically appear before a magistrate judge, post bond, and undergo processing for release. The time this process takes to unfold varies widely across the state. 

  • Can I get my license back after a DWI?

Yes, it is possible to get your Texas Driver’s License back after a DWI arrest. The fastest and easiest way to obtain a replacement license is through the Texas Department of Public Safety website. Request here.

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

Three years or more. DWI charges can negatively impact insurance rates years after the arrest date, even when the case is closed. Ultimately, age, gender, driving record, and criminal record all factor into insurance rate increases and reductions. Learn more about insurance changes.

  • What should people do after getting a DWI in Texas?

Taking prompt action following a DWI arrest is critical. First, request a hearing to contest the Administrative License Revocation (ALR) from DPS. This must be done within 15 days. Next, identify and comply with all bond conditions, find out when the arraignment date will be, and begin asserting important constitutional requests. Find out more about DWI license suspension.

Hiring a defense attorney is the single most important thing to do after a DWI arrest in Texas. There are many drunk driving lawyers in Texas so it is important to find the best fit for you and your situation. See our reviews and how we can help you.

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DWI consequences and penalties in Texas range from severe and inconvenient to devastating and life-ruining. First-time offenders face up to 365 days in jail, a $6,000.00 fine, DWI court costs, a driver’s license suspension, and a permanent criminal conviction.

The penalties increase significantly with prior convictions or aggravating factors. Texans with two prior convictions, even if the convictions are old, face 10 years in prison, and the reality of being a convicted felon forever.

  • Is jail mandatory for a DWI 1st in Texas?

Jail is not required for first-time DWI offenders in Texas. Aggravating factors like open containers or children in the vehicle can trigger statutory jail requirements. While jail is not required, every person facing a DWI charge faces jail time. Learn more about first DWI offenses here.

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  • Can employers fire you for pending charges in Texas?

Yes, employers in Texas can terminate employees facing criminal charges, including DWI. Teachers, nurses, financial advisors, military service members, and commercial drivers are particularly susceptible to suspension or termination. Find out more.

  • What are the consequences of a DUI in Texas?

A DUI is a Class C misdemeanor. The maximum fine is $500.00, and the maximum probation period is 6 months. A conviction results in a permanent record, a 60-day driver’s license suspension, and can include community service and mandatory alcohol and drug awareness courses. More information about DUIs.

  • How does driving under the influence or driving while intoxicated affect a person’s life?

If a person serves time in prison for a crime like driving while intoxicated, it can affect the ability to get a job after prison. The social stigma and legal repercussions can create numerous challenges in a person’s life.

Remember – Driving While Intoxicated and Driving Under the Influence are different crimes in Texas.

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Challenging the State’s evidence is vital to beating a DWI charge in Texas. The Constitution provides powerful tools for defense, including the 6th Amendment right to confrontation. Learn more about how DWIs affect constitutional rights.

Three winning keys to every DWI defense strategy are: 

  • Challenge the traffic stop Evidence from an invalid traffic stop can be suppressed by the judge. Police officers regularly make mistakes, and often lie, about the reasonable suspicion for initiating a traffic stop. Exhaustively reviewing the evidence can reveal the truth. If a judge rules the traffic stop invalid, county and district attorneys must dismiss the DWI charge. See how a motion to suppress traffic stop evidence can help.
  • Challenge the probable causeIf the probable cause is invalid, the arrest can be suppressed – excluded – by the judge. A police officer may make mistakes or even lie about field sobriety testing observations concerning nystagmus, balance, and speech. Carefully reviewing audio and video can sometimes reveal discrepancies, undermining officer credibility, and invalidating the arrest. Evidence collected from breathalyzer tests and blood tests after an invalid arrest is illegal and cannot be used in court. See how challenging the probable cause can help in fighting a DWI charge.
  • Challenge the forensic evidenceForensic evidence from an invalid test can also be suppressed. Forensic analysts make mistakes that can invalidate forensic test results. These issues, along with chain of custody and certifications, are critical components to challenge in every DWI case. Learn more about challenging blood test results

These strategic keys are important to every DWI defense case, and detailed DWI review. The experienced trial attorneys at TPL identify and leverage issues like these into dismissals and reduced charges. We believe fighting a DWI charge is worth it. Here’s why

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A first-time DWI charge in Texas is a Class B misdemeanor unless enhanced by aggravating factors. DWI first-time offenders face jail time, a permanent criminal conviction, thousands of dollars in fines, and a driver’s license suspension. Discover more about DWI penalties.

  • DWI is a Class B misdemeanor in Texas. 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. Understand more about first DWI offenses in Texas.
  • DWI with a blood alcohol concentration, or blood alcohol content (BAC) of .15 or higher is a Class A misdemeanor in Texas. 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. Learn more about what a blood test is for DWIs.
  • DWI with an open container is a Class A or B misdemeanor, in Texas, depending on a person’s blood alcohol content, or blood alcohol concentration (BAC). The maximum penalty range for this offense is either 6 or 12 months in jail, Additionally, the open container triggers a 6-day jail requirement. Here is more information about DWI with an open container.
  • DWI with a Child Passenger is a felony in Texas. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail facility. State jail sentences in Texas must be served day for day. A DWI with a Child Passenger is permanent and results in a driver’s license suspension as well as the serious, collateral consequences associated with being a convicted felon for life. See more information about DWI with a Child Passenger.

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A second DWI offense (DWI Repeat Offender) is a Class A misdemeanor in Texas. The maximum fine is $6,000.00, and the maximum jail time is 12 months. This offense is permanent, requires a 3-day jail sentence, even if probation is granted, and results in a driver’s license suspension. Learn more about second DWI offenses.

There is no time limit on how old a prior conviction can be for enhancement purposes, and out-of-state convictions can also be used for enhancement. Additionally, all defendants charged with a second DWI must use a deep lung device, such as an ignition interlock device, in all their vehicles as a condition of release from jail.

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After two DWI convictions, a third DWI charge (habitual DWI) is a Third Degree Felony in Texas. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary.

This offense is permanent, requires a 10-day jail sentence even if probation is granted, and results in a driver’s license suspension, as well as the devastating collateral consequences associated with being a convicted felon. Learn more about third DWI offenses.

Like with a second offense, there is no limit on how old prior convictions can be for enhancement purposes, and out-of-state convictions can be used for enhancement.

A deep lung device, like an ignition interlock, is a bond requirement for all DWI 3rd+ charges. All defendants must maintain this device in all motor vehicles as a condition of release from jail.

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  • When does a DWI become a felony in Texas?

DWI becomes a felony charge in Texas after two prior convictions. The “look back” period is unlimited, meaning prior convictions can be used for enhancement purposes regardless of their age. Find out more about misdemeanors vs felonies.

  • How much is an attorney in Texas for a 4th DWI in Texas?

Legal representation for a DWI 4th charge will be expensive. The total cost will vary widely across Texas depending on the location and circumstances of the case. Learn more about the cost of a DWI attorney.

  • What is Intoxication Assault in Texas?

Intoxication Assault is a serious offense in Texas, involving operating a vehicle while intoxicated and causing serious bodily injury to another person. This Third Degree Felony carries a maximum penalty of 10 years in prison. More information about Intoxication Assault offense sentences.

  • What is Intoxication Manslaughter in Texas?

Intoxication Manslaughter occurs when an intoxicated person causes the death of another person while operating a vehicle. This Second Degree Felony has a maximum penalty of 20 years in prison. Read more about Intoxication Manslaughter.

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Texas has the third-highest rate of intoxicated driving arrests in the country. DWI and DUI charges come with severe penalties, even for first-time offenders. These penalties include incarceration, the loss of constitutional rights, and the potential lifelong impact of a crime. Learn more about a DUI vs. DWI.

  • Can public intoxication lead to an arrest?

Yes, public intoxication is a Class C misdemeanor and can lead to an arrest. People charged with this offense will also receive a fine of up to $500. But, individuals should avoid simply paying the citation without seeking legal advice from a law firm, such as Trey Porter Law. Learn more about public intoxication.

  • What classifies as “intoxication”?

In accordance with Texas Penal Code Section 49.01, “intoxication” is characterized in two ways: (1) having a blood alcohol concentration (BAC) of 0.08 or higher, or (2) experiencing a diminished ability to use mental or physical faculties due to the presence of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body. Find out more about Texas Penal Code Section 49.01.

  • What’s the difference between public intoxication and DUI/DWI cases?

Public intoxication charges do not require a test for alcohol level. This means that a prosecutor can actually rely on the testimony of a law enforcement officer or a witness who saw how the defendant was behaving and believed the defendant to be intoxicated. See more about the consequences of being intoxicated in public.

  • Can Trey Porter Law help in intoxication cases?

Yes, Trey Porter Law offers robust defense services for public intoxication cases, with a proven track record of success.

Trey Porter Law stands as a bastion of defense in Texas, championing the cause of justice with a relentless pursuit of dismissals. Specializing in DWI and DUI charges, our experienced attorneys offer a beacon of hope with their adept legal strategies and commitment to your freedom. Right at the heart of this unwavering fight for rights and redemption, 7 Bit casino offers a parallel universe of resilience and determination, mirroring our ethos of overcoming challenges. If you’re navigating the complexities of DWI or DUI allegations, do not face this alone. Contact Trey Porter Law for a free consultation, and let our team guide you through to victory with the same precision and dedication that champions face their battles, both in the courtroom and in the strategic environs of casino.

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Understanding Driving Under the Influence and Driving While Intoxicated

The Trey Porter Law firm understands the challenges faced by those convicted of a crime such as driving under the influence or driving while intoxicated. As such, our knowledgeable team is here to provide information regarding acquittals, dismissals, and expunctions.

  • What is the best Texas DUI defense?

Challenging the State’s evidence is the most effective defense against DUI charges in Texas. You can’t win if you don’t fight, and it is always worth fighting DUI charges in Texas. See why it’s worth fighting a DWI charge in Texas.

  • Can a Driving While Intoxicated charge be expunged or removed from your record in Texas?

Expungement of a DWI charge in Texas depends on the outcome in court. DWI charges dismissed without probation are eligible for deletion through expungement. In limited cases, the charges for this crime may be sealed through an order of nondisclosure. Discover more about DWI expungement.

  • Can a person refuse a breathalyzer or blood test?

Refusing a breathalyzer or blood test in Texas can lead to additional penalties, including license suspension, due to the implied consent law. Laws regarding refusal vary, so it’s essential to be aware of the regulations in Texas. Find out more about implied consent.

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State prosecutors aggressively pursue DWI convictions, especially when injuries are involved. It’s crucial to assert your rights immediately and forcefully. The attorneys at Trey Porter Law prioritize protecting your quality of life and minimizing the impact on your family.

With over 40+ years of combined experience, the attorneys at TPL have built a winning record, standing up for thousands of Texans in courtrooms across the Lone Star State. If you are charged with the crime of driving under the influence or driving while intoxicated, let our Texas criminal defense team assist you.

Contact Trey Porter Law Firm Today

Finding the best DWI lawyer in Texas for your specific situation can be difficult. TPL’s knowledge of  Texas law and unparalleled record of success can make a big difference in your case – no matter the circumstances. The Trey Porter Law firm has one goal in every matter: obtain a dismissal. If you are charged with a crime the Government is working to convict you. It’s time to start building your defense. Contact Trey Porter Law today.

Texas DWI Lawyer FAQs; Knowledge is power. Get honest answers now.

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