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Trey Porter Law

TEXAS DWI LAWYERS

Aggressive. Experienced. Dismissal-Driven.

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Trey Porter Law is a statewide team of Texas DWI lawyers defending people charged with Driving While Intoxicated across Texas. The firm focuses on DWI and intoxication-related criminal defense, handling cases from first-offense arrests to open container violations and felony DWI charges involving blood tests, breath tests, refusals, and crashes.

Dismissal is the goal in every case. Our attorneys attack the evidence at every stage, challenging the traffic stop, probable cause for arrest, field sobriety testing, and the reliability of BAC testing to expose weaknesses and achieve the best possible outcome.

With more than 40 years of combined courtroom experience, the Trey Porter Law team delivers focused, professional defense built on precision and results. The firm has earned over 700 five-star Google and Avvo reviews by protecting driver’s licenses, records, and futures for people facing DWI charges throughout Texas.

Call 855-336-5366 or submit our contact form to schedule a free consultation. You can’t change what happened, but you can change what happens next.

Reviewed by attorney Trey Porter of Trey Porter Law

Reviewed by Trey Porter
Texas DWI Defense Attorney

Trey Porter defends people against DWI charges across Texas, focusing on dismissal-driven strategy, protecting driver’s licenses, and avoiding convictions. He's a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Texas Criminal Defense Lawyers Association, and has 15 years of experience litigating DWI cases in Texas courts.

This page was reviewed for legal accuracy under Texas Penal Code § 49.04 and Texas DWI courtroom practice in February 2026.

Table of Contents:
protect your rights by working with the best Texas DWI Lawyers

INTRODUCTION TO TEXAS DWI LAWS

Driving While Intoxicated (DWI) is one of the most serious criminal offenses prosecuted under Texas law, defined under Texas Penal Code § 49.04. A DWI arrest can have immediate and far-reaching consequences in Texas, including thousands of dollars in fines, jail time, and the suspension of your driver’s license. Texas DWI laws are among the strictest in the nation, and the criminal justice system can be intimidating for anyone facing charges.

According to the Texas Department of Public Safety, more than 80,000 drivers are arrested for DWI each year, and every case can trigger both criminal and administrative penalties.

Understanding the basics of Texas DWI law is crucial. You can’t change what happened, but you can change what happens next. It’s essential to consult with a knowledgeable Texas DWI lawyer who can guide you through the process and protect your rights at every stage.

CAN A DWI BE DISMISSED IN TEXAS?

Yes. A DWI can be dismissed in Texas by challenging the evidence. Criminal defense lawyers can expose errors in the State’s evidence or violations of a driver’s constitutional rights. Dismissals often occur when police lack probable cause, field sobriety tests are mishandled, or blood and breath results are unreliable. When that evidence collapses, prosecutors are forced to dismiss or reduce the charge.

Dismissals are most often achieved when defense lawyers:

  • Challenge illegal traffic stops and defective warrants
  • Expose errors in BAC testing or evidence collection
  • Demonstrate officer mistakes or inconsistencies in reports

Every Texas DWI case turns on its facts, and success depends on experience. Even with high BAC results or refusals, a skilled DWI lawyer can challenge the stop, arrest, or testing process to create reasonable doubt. Trey Porter Law has secured DWI dismissals by attacking bad evidence, enforcing Texas legal standards, and protecting clients’ driver’s licenses, records, and futures.

5-star-reviews-with-real-results

WHAT HAPPENS WHEN YOU GET A DWI IN TEXAS?

When you get a DWI in Texas, two separate cases begin immediately — a criminal case in court and a driver’s license suspension case with the Texas Department of Public Safety (DPS). Acting quickly is critical to protect your driver’s license and your defense.

Here are the first steps to take after a DWI arrest in Texas:

  • Review and follow bond conditions. Texas judges often impose strict terms after a DWI arrest, including travel limits, random drug testing, and ignition interlock requirements. These conditions are common even for first-time offenders and must be followed carefully.
  • Request an ALR hearing within 15 days. The Administrative License Revocation hearing is the only way to contest the automatic driver’s license suspension. Missing this deadline means an automatic loss of driving privileges.
  • Assert your constitutional rights. Strategic motions can suppress blood or breath test results, challenge probable cause, and expose procedural errors in the arrest process — often leading to case-changing outcomes.
  • Hire an experienced Texas DWI lawyer. This is the most important step. A skilled DWI defense attorney can evaluate the evidence, assert and protect your rights, while working toward a dismissal or charge reduction.

WHAT ARE THE PENALTIES FOR DWI IN TEXAS?

Texas DWI penalties are severe and increase with prior convictions, high blood alcohol concentration (BAC), accidents, or a child passenger. Even a first offense can lead to jail time, fines, and driver’s license suspension.

A study from the Texas A&M Transportation Institute found that over 48% of DWI offenders had cases requiring ignition interlock devices. 

A first DWI is typically a Class B misdemeanor; a second DWI is a Class A misdemeanor; and cases involving a BAC over .15 or a child passenger can elevate to enhanced misdemeanors or state-jail felonies. Each carries lasting consequences, including ignition-interlock requirements and a permanent criminal record. A criminal conviction for DWI can have long-term effects on employment opportunities, housing, and professional licensing.

CAN YOU GO TO JAIL FOR A FIRST DWI IN TEXAS?

Yes. A first DWI in Texas is a Class B misdemeanor punishable by up to 180 days in jail, a $2,000 fine, and up to one year of driver’s license suspension. 

Most first-time offenders receive probation, but jail remains possible – especially when BAC is .15 or higher, which elevates the charge to a Class A misdemeanor. An aggressive Texas DWI lawyer can challenge the stop, testing, and evidence to help avoid jail and protect your driver’s license.

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

Forever. A DWI conviction stays on your record permanently under Texas law, meaning employers, licensing boards, and background checks can see it.

A DWI can be expunged only if the case was dismissed, you were found not guilty, or charges were never filed. It may be sealed through an Order of Nondisclosure only in limited situations, depending on the case outcome and whether Texas law allows nondisclosure for that specific conviction.

Trey Porter Law reviews DWI cases to identify expunction or nondisclosure options and fights for dismissals and reductions that protect records long-term. Even a single DWI can derail professional opportunities for life.

DO YOU LOSE YOUR DRIVER’S LICENSE AFTER A DWI IN TEXAS?

Yes. A DWI arrest in Texas can lead to an immediate driver’s license suspension through the Texas Department of Public Safety’s Administrative License Revocation (ALR) program.

This process is separate from the criminal prosecution. You have 15 days from arrest to request a hearing to stop the suspension. Upon timely request, a hearing is scheduled with a DPS judge. 

WHAT IS THE ALR HEARING FOR A TEXAS DWI CASE?

The ALR hearing is an administrative proceeding where a judge determines if you refused a breath or blood test in violation of the Texas Implied Consent law, or if you did consent, but failed the test with an alcohol concentration of 0.08 or higher.

ALRs are easy for the Government to win. Texas DPS only has to prove the facts by a preponderance of the evidence. This standard is significantly lower than the burden of proof at trial for DWI. 

Even though it’s a long shot, it’s important to request an ALR in every DWI case. Texas DWI lawyers get to question the officer, and may expose information that can be beneficial to your defense overall. 

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HOW LONG IS YOUR DRIVER’S LICENSE SUSPENDED FOR A DWI IN TEXAS?

90 days to 2 years. Driver’s license suspensions in Texas after a DWI arrest depend on whether you failed a breath or blood test or refused testing, and whether you have prior alcohol-related enforcement actions.

Typical ALR suspension ranges include:

  • Failed test: 90 days to 1 year
  • Refusal: 180 days to 2 years
  • Prior enforcement action: suspension periods can increase

Missing the ALR deadline triggers an automatic suspension. Requesting the ALR hearing on time gives you a chance to challenge the suspension and lock in testimony that can help the criminal case.

CAN YOU GET AN OCCUPATIONAL LICENSE AFTER A DWI? 

Yes. An Occupational Driver’s License (ODL) allows limited driving for work, school, and life necessities. 

ODLs come with strict requirements like maintaining SR-22 insurance, and Texas judges often require ignition interlock when issuing ODL’s. Occupational licenses are unavailable for commercial drivers in Texas. 

An experienced attorney can petition the court for an Occupational Driver’s License immediately after the ALR to prevent gaps in employment or essential travel.

IS A DWI A FELONY IN TEXAS?

No, a first or second DWI in Texas is usually a misdemeanor, but certain factors can elevate a DWI to a felony with severe, long-term consequences.

In Texas, DWI becomes a felony when it’s a third or subsequent offense, involves a child passenger under 15, or causes serious injury or death. Felony penalties can include prison time, fines up to $10,000, long-term driver’s license suspension, and a permanent felony conviction if the case ends in a conviction.

  • DWI with Child Under 15 is a State Jail Felony punishable by up to 2 years in a state jail facility.
  • Intoxication Assault involves serious bodily injury and is typically a third-degree felony punishable by 2–10 years in prison.
  • Intoxication Manslaughter is a second-degree felony carrying 2–20 years in prison.

Felony DWI cases are not eligible for deferred adjudication. That means if you plead guilty or are found guilty, it’s a felony conviction. The best outcomes come from dismissal, reduction, or winning the case at trial by attacking the stop, the arrest, and the testing.

person with son on back smiling because he was able to avoid a DWI conviction

CAN YOU GET PROBATION FOR A DWI IN TEXAS?

Yes. Texas courts can grant probation (community supervision) instead of jail, but it isn’t automatic. Eligibility depends on case facts, BAC level, and criminal history.

Probation typically requires completing a DWI education program, installing an ignition interlock, random testing, community service, and regular reporting. 

Deferred adjudication may be available for first-time DWIs with BAC below .15 and no aggravating factors. Successful completion results in dismissal rather than conviction.

Repeat offenses, crashes, or cases involving minors often disqualify drivers or trigger mandatory jail. A Texas DWI lawyer can negotiate terms, protect your driver’s license, and pursue the best possible outcome. 

CAN A DWI CHARGE BE REDUCED IN TEXAS?

Yes. A DWI charge can be dismissed or reduced in Texas when the defense exposes flaws in the traffic stop, arrest, or BAC testing. Reductions lessen penalties, protect your record, and limit long-term consequences.

  • Felony to Misdemeanor DWI: A third-offense or felony DWI can be reduced when prior conviction records are flawed or unavailable.
  • Class A to Class B DWI: High BAC or second-offense DWIs can drop to Class B when testing errors or procedural violations are proven, cutting jail time and fines in half.
  • DWI to Obstruction of a Highway: Common alternative plea for first-time DWIs prior to 2019 when deferred adjudication became available for DWI first-offense. 
  • DWI to Reckless Driving: Super rare outcome. Can protect professional licenses and background checks, but almost never happens. 

A skilled Texas DWI lawyer knows how to find the cracks — bad stops, bad tests, bad cases. That’s exactly what Trey Porter Law does. The firm fights to protect clients’ driver’s licenses, records, and futures. Across 700+ five-star reviews, clients consistently praise the firm’s relentless defense and success in achieving DWI dismissals and reductions across Texas.

HOW DO YOU FIGHT A DWI IN TEXAS?

Fighting DWI charges in Texas means challenging the traffic stop, the arrest, and chemical testing. A strong defense attacks reasonable suspicion and probable cause while protecting your Fourth and Sixth Amendment rights throughout the investigation. Some cases end in dismissal, but others are won at jury trial with a not guilty verdict after cross-examining the police officer and exposing gaps in the evidence.

  • Police mistakes: Officers must follow strict DWI procedures. Lack of reasonable suspicion, missing video, or mishandled tests can lead to dismissed DWI charges.
  • Blood and breath tests: Defense lawyers challenge BAC results by exposing calibration errors, chain-of-custody issues, and lab inaccuracies.
  • Defense strategies: The most effective DWI defenses attack constitutional violations, protect driver’s licenses, and achieve DWI dismissals or reductions.

Written by Trey Porter, “How to Get a DWI Dismissed in Texas” distills the same DWI defense strategies used in Texas courtrooms into a clear, step-by-step framework for getting cases dismissed or reduced.

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WHAT’S THE DIFFERENCE BETWEEN DUI AND DWI IN TEXAS?

In Texas, DWI and DUI are not the same. The difference is age and alcohol concentration. People often search for a “DUI lawyer” or “DUI charges” in Texas, but DUI and DWI aren’t the same, and the record consequences of a DWI conviction can be far more serious.

  • Driving While Intoxicated (DWI) is defined under Texas Penal Code § 49.04 and applies to any driver, adult or minor, who operates a vehicle while intoxicated by alcohol, drugs, or a combination of both. A BAC of 0.08 or higher can support a DWI charge, but DWI can also be filed without a BAC result if the officer claims “loss of normal mental or physical faculties.”
  • Driving Under the Influence (DUI) is defined under Texas Alcoholic Beverage Code § 106.041 and applies only to drivers under 21 with any detectable amount of alcohol in their system, even if they are not legally intoxicated. DUI is a Class C misdemeanor.

DWI is far more serious than DUI because it can include jail time, higher fines, and longer driver’s license suspensions. We regularly see prosecutors charge underage drivers with the adult offense of DWI when BAC is 0.08 or higher. This exposes young adults to severe consequences. The Texas DWI lawyers at Trey Porter Law have significant experience safely navigating these situations in Texas courts.

HOW CAN A TEXAS DWI AFFECT A PROFESSIONAL LICENSE?

A Texas DWI arrest can jeopardize professional licenses, credentials, and careers across multiple industries. Beyond criminal penalties, a conviction can trigger disciplinary action, mandatory reporting, or license suspension by state boards and federal agencies.

Trey Porter Law has significant experience defending licensed professionals statewide — protecting the careers, reputations, and futures of nurses, doctors, pilots, teachers, military members, and federal contractors and employees with security clearances facing the fallout of a Texas DWI.

  • Nurses: The Texas Board of Nursing may investigate or suspend a license for alcohol-related offenses. Repeat or high-BAC cases often face stricter penalties. Trey Porter Law proudly represents Texas nurses facing DWI charges.
  • Doctors: The Texas Medical Board can impose sanctions or report convictions to the National Practitioner Data Bank. The firm helps doctors protect their medical licenses and professional standing.
  • Pilots: Under 14 C.F.R. §61.15, pilots must report DWI arrests or convictions to the FAA within 60 days or risk certificate action. Trey Porter Law helps pilots address FAA reporting issues while building a strong DWI defense. 
  • Military members: A DWI can lead to Article 15 punishment, separation from service, or loss of clearance. Trey Porter Law zealously defends those that defend our freedoms every day.
  • Teachers: Convictions must be reported to the Texas Education Agency, which reviews certification eligibility and employment status. Teachers can face suspension and termination immediately after a DWI arrest in Texas. Trey Porter Law fights for teachers rights and careers in courtrooms across Texas.

A Texas DWI can put everything at risk — career, reputation, and future. Trey Porter Law defends professionals across the state, protecting their licenses, records, and livelihoods when a DWI arrest threatens what matters most.

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WHO ARE THE BEST DWI LAWYERS IN TEXAS?

The best DWI lawyers in Texas are the ones who focus on DWI defense and have real-world experience winning. The best results usually come from an experienced DWI lawyer who treats DWI charges like high-stakes criminal defense cases and fights like an aggressive attorney with a proven track record in court.

Trey Porter Law is a Texas law firm handling DWI criminal charges statewide, led by an experienced criminal defense attorney focused on DWI defense under Texas criminal law.

Firm founder and lead attorney Trey Porter leads the firm’s DWI strategy and trial approach. His courtroom advocacy has earned client recognition and national accolades, including Avvo Client’s Choice (2025) and The National Trial Lawyers: Top 100.

Arrested for DWI in Texas? Contact Trey Porter Law today for a free, confidential consultation.

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Texas Criminal Defense and Record Clearing

Trey Porter Law defends Texans statewide against DWI and Public Intoxication charges and helps clear criminal records through expunction and nondisclosure. The firm also handles select criminal defense matters on a case-by-case basis.

Expungement
Public Intoxication
Criminal Defense

Client Reviews

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J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed.

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M. U.

I was referred to this firm by a fellow nurse when I was arrested for DWI. I was terrified I was going to lose my job or my license, but the lawyers and staff always put me at ease. I mostly worked with Mr. Porter and Mr. Strickland and they got me the result I needed to keep my job. Hope I never need them again but I recommend them to anyone else in my situation.

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J. G.

Very pleased! Mr Porter did an outstanding job fighting my DWI charge! I had a nearly unbeatable case, even admitted I was drunk and he was STILL able to get it dismissed with no probation or time wasted.

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