A common question I get among my clients is whether or not they’re eligible for a DWI probation. Anyone charged with a DWI in Texas will be eligible to submit an application for a DWI probation.

If you’ve been arrested and charged for a DWI, the Texas Department of Public Safetly is actively working to suspend your drivers license. You will have 15 days to contest this from the date of the arrest.

If you’ve been charged with a DWI in Texas, it is important to contest the suspension of your driver’s license and it is critical to do everything you can to avoid a final conviction on your record.

If you’ve been charged with DWI in Texas, the consequences can be severe. First-time offenders can go to jail for 6 months and second-time offenders may go to jail for up to 1 year.

If you been charged with a DWI 1st offence, you’re facing 6 months in jail – that’s how severe the 1st charge will be. Depending on the facts of the case, your license may become suspended.

A DWI 2nd offense is a very serious charge. You’re facing a period of mandatory period jail time even if you received probation.

A DWI 3rd or more offense is classified as 3rd degree felony with a maximum penalty of 10 years in prison.

A common question that I get during this time of the year is “What is the difference between DWI vs DUI”. In Texas, the terms can differ compared to other states.

If it is your first DWI, you may be able to petition the court for deferred adjudication. This may include doing community service, supervision, probation or any other criteria they may ask you to do. After finishing the criteria, you may have the chance to dismiss your case and you won’t have a conviction for a DWI.

Don’t let your past hold you back. Clean records are the best records, there are 2 options available in Texas to clean up your record. The first option is an expunction, a court order to remove any records you may have. The second option is a petition for nondisclosure.

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    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.

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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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