Austin DWI Lawyers

Trey Porter | Last Reviewed: July 2026

Trey Porter Law defends people arrested for Driving While Intoxicated in the Travis County Criminal Courts in Austin, Texas.

Austin DWI lawyer Trey Porter has more than 15 years of experience representing people charged with DWI at the Blackwell-Thurman Criminal Justice Center and serves as lead counsel on all Travis County DWI cases.

The firm’s DWI attorneys have won acquittals at trial, secured dismissals in DWI cases involving breath tests, blood tests, refusals, and crashes, and won motions to suppress evidence in Austin and across Texas.

Trey Porter Law provides full-service DWI representation from the ALR driver’s license hearing through every phase of a Travis County DWI case.

Trey Porter Law has earned 900+ five-star reviews across Google and Avvo.

Austin DWI Court and Case Experience

Trey Porter Law is located at 901 S MoPac Expy, Building 1, Suite 300, Austin, TX 78746, near Zilker Park.

The firm brings more than 40 years of combined courtroom experience, more than 500 five-star Google reviews, and more than 400 five-star Avvo reviews. Trey Porter Law regularly appears in the Travis County Criminal Courts at the Blackwell-Thurman Criminal Justice Center, handles ALR hearings before the State Office of Administrative Hearings (SOAH), and represents people in occupational driver’s license matters in Travis County Justice of the Peace courts. 

This experience with local prosecutors, judges, and courtroom procedures helps shape effective DWI defense in Austin and Travis County.

Types of Austin DWI cases handled by Trey Porter Law:

• First-offense DWI
• DWI with a BAC of 0.15 or higher
• DWI Second
• DUI for minors
• Felony DWI Third or More
• DWI with a child passenger
• Intoxication Assault
• DWI cases involving breath tests, blood tests, blood draws, refusals, and crashes
• Commercial driver’s license holders facing DWI charges and CDL disqualification

---

Austin DWI Attorney Trey Porter

Trey Porter serves as lead counsel on all DWI cases in Austin. He’s licensed by the Supreme Court of Texas to practice in every Texas District, County, Municipal, and Justice court across the state. Over his career, Trey Porter has resolved more than 1,000 criminal and DWI cases, representing people charged with the full range of Texas intoxication offenses.

Technical and Forensic Background

Trey Porter is a NHTSA-Certified Practitioner in Standardized Field Sobriety Testing and has completed continuing legal education courses on gas chromatography testing, the Intoxilyzer 9000, infrared spectroscopy, breath alcohol concentration testing, and the scientific methods used in DWI breath and blood cases.

Publications, Recognition, and Memberships

Trey Porter has written about Texas DWI law in articles published by KEYE (CBS Austin), and he has been featured in USA Today, and Forbes. He is a member of the Forbes Councils and has been recognized by Texas Super Lawyers and the National Trial Lawyers Association.

Trey Porter’s active professional memberships include:

• National Association of Criminal Defense Lawyers (NACDL)
• National College for DUI Defense (NCDD)
• Austin Criminal Defense Lawyers Association (ACDLA)
• Texas Criminal Defense Lawyers Association (TCDLA)
• DUI Defense Lawyers Association (DUIDLA)

What Should You Do After a DWI Arrest in Austin?

Contact a DWI lawyer, request an ALR hearing within 15 days, and follow all bond conditions.

1. Contact an Austin DWI Lawyer Immediately
   
   This is the most important step. An Austin DWI lawyer requests the ALR hearing, ensures compliance with bond conditions, and begins discovery under Tex. Code Crim. Proc. art. 39.14. Once represented, court settings and case updates are handled through counsel.
   
   
2. Request an ALR Hearing Within 15 Days of Arrest
   Requesting an ALR hearing delays the driver’s license suspension, creates a chance to avoid it, and provides early access to evidence, including officer testimony under oath. The Texas Department of Public Safety does not decide guilt or innocence. The hearing addresses reasonable suspicion for the stop, probable cause for the arrest, and either a refusal under Texas implied consent law or a BAC of 0.08 or higher.
   
   
3. Identify and Follow Bond Conditions
   Following bond conditions keeps you out of jail. Violating them can result in arrest. A Travis County magistrate judge sets bond conditions, enforced by Travis County Community Justice Services. Common conditions include restrictions on alcohol use, drug testing, travel, and firearm possession. Travis County judges regularly require an ignition interlock device in high BAC cases, even for first offenses.

---

What Happens After a DWI Arrest in Austin?

After a DWI arrest in Austin, several legal processes begin at the same time. The Texas Department of Public Safety starts the Administrative License Revocation process. Travis County prosecutors begin building the criminal case. Travis County Community Justice Services may begin pretrial supervision. The first court date is often set within about 30 days.

Blood test results often take 4 to 8 months. Many Austin DWI cases take about 10 months to resolve. Austin DWI arrests may involve the Austin Police Department, the Travis County Sheriff’s Office, Texas DPS, or another local agency.

Outside of court, professionals and students may also face disclosure obligations to employers, licensing boards, schools, or professional programs.

1. DPS Starts the ALR Driver’s License Suspension Process
   The Texas Department of Public Safety begins the Administrative License Revocation process after a DWI arrest. This is separate from the criminal case and can affect your driver’s license even if the criminal charge is still pending.
   
   
2. The Case Is Sent to Travis County Prosecutors
   The criminal case is sent to prosecutors for review and filing in Travis County. In Austin DWI cases, the prosecution begins evaluating the arrest, the officer reports, any video, and the chemical test evidence.
   
   
3. Travis County Community Justice Services May Begin Pretrial Supervision
   Some people are placed on pretrial supervision after release. Travis County Community Justice Services may monitor compliance with bond conditions, including alcohol restrictions, drug testing, ignition interlock requirements, travel restrictions, and reporting obligations.
   
   
4. The First Court Date Is Often Set Within About 30 Days
   The first setting is commonly scheduled within about 30 days of arrest. That appearance usually begins the formal court process, even though discovery, blood testing, and negotiations may continue for months afterward.
   
   
5. Blood Test Cases Usually Move More Slowly
   Blood test results often take 4 to 8 months to come back, and many Austin DWI cases take about 10 months to resolve. Timing varies based on the court, the evidence, motion practice, and whether the case is resolved by dismissal, plea, or trial.
   
   
6. Work, School, and Licensing Issues Can Start Early
   A DWI arrest can trigger disclosure issues outside of court. Professionals, students, and licensed workers may need to report the arrest to employers, licensing boards, schools, or scholarship programs, sometimes before the criminal case is resolved.

---

How DWI Cases Are Resolved in Austin

Austin DWI cases can end in one of three ways: dismissal, acquittal, or conviction. Multiple pathways can lead to each result, and factors like criminal history, case facts, evidence, and legal counsel all play a role.

Dismissal Outcomes

• Motion to suppress evidence granted → DWI charge dismissed
• Pretrial Diversion (PTD) completion → dismissal and expunction eligibility
• Deferred adjudication → case dismissed after successful completion of probation 

Acquittal Outcomes

• Not guilty verdict at trial → no conviction

Conviction Outcomes

• Plea to judge without deferred adjudication → conviction with possible jail or probation
• Guilty verdict at trial → conviction with possible jail or probation

Can a DWI Be Dismissed in Austin?

Yes. Austin DWI charges can be dismissed in Travis County courts. Most dismissals happen when the defense exposes a legal or evidentiary failure in the State’s case, often through a motion to suppress evidence.

Common grounds for dismissal include:

• No reasonable suspicion for the traffic stop
• No probable cause for the arrest
• Unlawful blood draws or searches in violation of the Fourth Amendment
• Failure to disclose evidence under Tex. Code Crim. Proc. art. 39.14 or Brady obligations

Pretrial Diversion (PTD) is available in select Travis County DWI cases, usually for eligible first-time offenders. When secured and successfully completed, PTD can lead to dismissal and expunction eligibility. Deferred adjudication may also be available in some cases, but it’s different from other dismissal outcomes.

---

How Can a DWI Charge Be Dismissed in Austin?

Challenging the evidence is the most effective way to get a DWI charge dismissed. Prosecutors at the Travis County Attorney’s Office must prove all elements of Driving While Intoxicated beyond a reasonable doubt. When the evidence can’t meet that burden of proof, the DWI can be dismissed.

The Texas Penal Code § 49.04 defines DWI as operating a motor vehicle in a public place while intoxicated, meaning either lacking the normal use of mental or physical faculties because of alcohol or drugs, or having a Blood Alcohol Concentration of 0.08 or higher. 

Austin DWI attorney Trey Porter secures dismissals by challenging the legality of the stop, the validity of the arrest, and the reliability of the State’s evidence.

Challenge the Traffic Stop

A DWI case cannot proceed without a lawful traffic stop. Under the Fourth Amendment, officers must have reasonable suspicion of a traffic violation or other criminal activity. If the stop is invalid, a motion to suppress can exclude everything that followed, including field sobriety tests, officer observations, and chemical test results.

Challenge Probable Cause for Arrest

A lawful stop does not automatically justify an arrest. Officers must have probable cause based on driving behavior, field sobriety testing, and physical indicators of intoxication. Standardized Field Sobriety Tests (SFST) must be administered under strict NHTSA protocols. Issues with instructions, surface conditions, footwear, lighting, or scoring can weaken probable cause and support dismissal arguments.

Challenge Breath and Blood Test Evidence

Breath and blood test results are not automatically reliable. Breath testing devices like the Intoxilyzer 9000 must be properly maintained and calibrated. Blood draws must follow required collection and chain-of-custody procedures. Laboratory analysis can be challenged for contamination, improper handling, or forensic error. A BAC result alone does not guarantee a conviction.

Enforce Discovery Obligations

The State must disclose relevant evidence, including body camera footage, dash camera recordings, blood draw warrants, lab reports, and officer training records. Violations of Texas Code of Criminal Procedure art. 39.14 (The Michael Morton Act) and Brady obligations can lead to sanctions and, in some cases, dismissal.

---

What Are the DWI Penalties in Austin?

DWI penalties in Austin include jail time, fines, and driver’s license suspension. Penalties increase based on prior offenses, BAC level, and aggravating factors under Texas law.

DWI Penalties by Offense Level

• First Offense DWI
  Texas Penal Code § 49.04 – Class B Misdemeanor
  Jail: 72 hours to 180 days
  Fine: up to $2,000
  Driver’s license suspension: 90 days to 1 year
  
  
• DWI with BAC 0.15 or Higher
  Texas Penal Code § 49.04(d) – Class A Misdemeanor
  Jail: 72 hours to 1 year
  Fine: up to $4,000
  Driver’s license suspension: 90 days to 1 year
  
  
• DWI with Child Passenger
  Texas Penal Code § 49.045 – State Jail Felony
  Jail: 180 days to 2 years
  Fine: up to $10,000
  Driver’s license suspension: 180 days to 2 years
  
  
• DWI Third Offense
  Texas Penal Code § 49.09 – Third Degree Felony
  Prison: 2 to 10 years
  Fine: up to $10,000
  Driver’s license suspension: 180 days to 2 years

A DWI conviction in Austin creates a permanent criminal record, appears on background checks, and can affect employment, professional licensing, and college admissions. Courts may require ignition interlock devices, and felony DWI convictions can result in loss of firearm rights under federal law.

For a more detailed breakdown of Texas DWI penalties and how they apply statewide, see the Texas DWI penalties guide.

---

Trey Porter Law’s Austin DWI Defense Services

Trey Porter Law represents Austin DWI clients in Travis County criminal courts, Texas DPS driver’s license suspension proceedings, Travis County Justice of the Peace courts, and DWI record clearing matters.

Criminal DWI Charges

The firm defends intoxication offenses prosecuted in Travis County Criminal Courts including:

• Driving While Intoxicated (DWI) — Tex. Penal Code §49.04
• DWI BAC 0.15 or higher — Tex. Penal Code  §49.04(d)
• DWI Second or Subsequent — Tex. Penal Code §49.09
• DWI with Child Passenger — Tex. Penal Code §49.045
• Intoxication Assault — Tex. Penal Code §49.07
• Intoxication Manslaughter — §Tex. Penal Code  49.08

Driver’s License Defense

An Austin DWI arrest also triggers a separate driver’s license suspension case with the Texas Department of Public Safety. Trey Porter Law represents clients in:

• Administrative License Revocation (ALR) hearings challenging DPS license suspension
• Occupational driver’s license petitions allowing limited driving during suspension

Professional and Personal Consequences

DWI arrests create issues beyond the criminal case. Trey Porter Law understands life has to go on while the Austin DWI process plays out. The firm regularly provides advice regarding: 

• Professional licensing board disclosure issues for nurses, teachers, physicians, CDL drivers, real estate license professionals, and engineers.
• Employer reporting and workplace discipline concerns.
• University disciplinary proceedings.
• Military service member reporting and discipline. 

Clearing DWI Arrest Records

Trey Porter Law regularly clears Austin DWI arrest records when clients qualify under Texas law. Expunction deletes the record, while nondisclosure seals it from public view.

• Expunction — Texas Code of Criminal Procedure Chapter 55A
• Orders of Nondisclosure — Texas Government Code §411.0731

What are the DWI Consequences for College Students in Austin?

Students arrested for DWI or DUI in Austin face criminal prosecution in Travis County courts and separate school discipline that can include loss of campus housing, scholarship revocation, and suspension or expulsion from student organizations or athletics.

Drivers under 21 can be charged with DUI for any detectable amount of alcohol or with DWI if the evidence shows intoxication. DUI and DWI are separate offenses under Texas law.

• Driving Under the Influence (DUI) — Texas Alcoholic Beverage Code § 106.041
  A person under 21 commits an offense by operating a motor vehicle in a public place with any detectable amount of alcohol in their system.
  
  
• Driving While Intoxicated (DWI) — Texas Penal Code § 49.04
  A person commits an offense by operating a motor vehicle in a public place while intoxicated, meaning loss of normal mental or physical faculties or a Blood Alcohol Concentration of 0.08 or more.

A DWI conviction creates a permanent criminal record that can appear on background checks for employment, graduate school admissions, and professional licensing. 

Trey Porter Law defends Texas Longhorns and other college students facing DWI and DUI charges in Travis County courts with a focus on protecting criminal records, academic standing, and future opportunities.

---

DWI Defense in Austin and Travis County Courts

Trey Porter Law defends people charged with Driving While Intoxicated in the Travis County Criminal Courts at the Blackwell-Thurman Criminal Justice Center in downtown Austin.