Midland DWI Lawyers

Trey Porter | Last Reviewed: July 2026

Trey Porter Law is a criminal defense firm focused exclusively on DWI and intoxication offenses in Midland. The firm represents people arrested for Driving While Intoxicated in the Midland County Criminal Courts.

Trey Porter Law’s DWI attorneys have won acquittals at trial, secured dismissals in cases involving commercial driver’s licenses, breath tests, blood tests, refusals, and crashes, and won motions to suppress evidence in Texas DWI cases, including cases handled in Midland County.

The firm has earned 900+ five-star reviews across Google and Avvo.

Trey Porter has more than 15 years of experience defending people charged with DWI in Texas and serves as lead counsel on the firm’s Midland County cases.

In Midland, a DWI arrest can mean more than just a criminal case. It can affect oilfield work, jobs that require driving, future professional opportunities, and the ability to keep a driver’s license and stay mobile across West Texas while the case is pending. Trey Porter Law provides full-service representation from the ALR driver’s license hearing through every phase of the case.

Midland DWI Court and Case Experience

Trey Porter Law is located downtown at 223 W Wall St Suite 280, Midland, TX 79701, five blocks from the Midland County Courthouse. 

Trey Porter Law’s DWI attorneys have 40+ years of combined courtroom experience challenging DWI charges. The firm represents people charged with DWI in the Midland County Criminal Courts, handles ALR hearings before the State Office of Administrative Hearings, and helps clients pursue occupational driver’s licenses when they need to keep driving while the case is pending.

DWI and Intoxication Offenses Represented

Trey Porter Law represents people charged with:

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

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Midland DWI Attorney Trey Porter

Trey Porter leads the firm’s Midland DWI docket. He is licensed by the Supreme Court of Texas to practice in Texas District, County, Municipal, and Justice courts statewide. 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, from first-offense misdemeanors to serious felony cases.

Technical and Forensic Background

Trey Porter is a NHTSA-Certified Practitioner in Standardized Field Sobriety Testing and has completed continuing legal education on gas chromatography, 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 extensively about Texas DWI law. His work and legal insights have been featured in USA Today, Forbes, and Attorney at Law Magazine. He has been recognized by Texas Super Lawyers and holds a 10.0 Justia rating.

His active professional memberships include:

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

What Should You Do After a DWI Arrest in Midland?

After a DWI arrest in Midland, contact a DWI lawyer, request an ALR hearing within 15 days, and follow every bond condition.

1. Contact a Midland DWI Lawyer Immediately
   This is the most important step. A Midland DWI lawyer can request the ALR hearing, help protect your driver’s license, review the stop and arrest, and begin building the defense early.
   
   
2. Request an ALR Hearing Within 15 Days of Arrest
   Requesting an ALR hearing can delay the suspension of your driver’s license, create a chance to contest it, and provide early access to evidence, including testimony from the arresting officer under oath. The Texas Department of Public Safety (DPS) starts the ALR process after a DWI arrest, but the hearing itself is handled by the State Office of Administrative Hearings (SOAH), not the criminal court.
   
   
3. Identify and Follow Bond Conditions
   Violating bond conditions can lead to arrest and put your release at risk. Conditions may include alcohol restrictions, travel restrictions, drug testing, reporting requirements, or an ignition interlock device. In Midland County, people released on personal bond may be supervised by Pretrial Services while the case is pending.

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What Happens After a DWI Arrest in Midland?

After a DWI arrest in Midland, whether the arrest was made by the Midland Police Department, the Midland County Sheriff’s Office, or Texas DPS, the Texas Department of Public Safety begins the Administrative License Revocation process and Midland County prosecutors begin reviewing the criminal case. 

Midland Pretrial Services monitors bond conditions for defendants released on personal bond. Blood test cases often take longer to resolve. Outside of court, a DWI arrest can also create problems for work, professional licensing, and school.

1. DPS Starts the ALR Driver’s License Suspension Process
   The Texas Department of Public Safety begins the Administrative License Revocation process after arrest. This is separate from the criminal case and can affect your driver’s license even while the DWI charge is still pending. ALR hearings are handled by the State Office of Administrative Hearings (SOAH).
   
   
2. The Case Goes to Midland County Prosecutors
   After arrest, the case goes to Midland County prosecutors for review and filing. That review usually focuses on officer reports, video, witness statements, and chemical test evidence.
   
   
3. Midland Pretrial Services Monitors Bond Conditions
   For defendants released on personal bond, Midland Pretrial Services monitors compliance with bond conditions. Those conditions can include court appearances, reporting, drug testing, travel restrictions, and ignition interlock requirements in DWI cases.
   
   
4. The First Court Date Is Set After Filing
   After arrest, it may take weeks for the first court date to be scheduled. That setting begins the formal criminal process, even though discovery, blood testing, negotiations, and motion practice may continue for months afterward.
   
   
5. Blood Test Cases Usually Move More Slowly
   When a Midland DWI case involves blood testing, lab results often take longer to come back, which can slow the overall timeline.
   
   
6. Work, Licensing, and School 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 before the case is resolved.

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How Can a DWI Charge Be Dismissed in Midland?

Challenging the evidence is the best way to get a DWI dismissed in Midland. Prosecutors in Midland County must prove every element of Driving While Intoxicated beyond a reasonable doubt. 

Under Texas Penal Code § 49.04, that means proving the defendant operated a motor vehicle in a public place while intoxicated, either by lacking the normal use of mental or physical faculties because of alcohol or drugs or by having a blood alcohol concentration of 0.08 or higher.

Trey Porter Law pursues DWI dismissals in Midland by challenging the legality of the stop, the validity of the arrest, and the reliability of the State’s evidence.

Trey Porter Law’s Midland DWI Dismissal Strategies:

• Fourth Amendment challenges to unlawful traffic stops and blood draw evidence
• Probable Cause challenges based on NHTSA protocol deviations or flawed standardized field sobriety tests
• Confrontation Clause cross-examination of officers and forensic analysts
• Discovery enforcement under Texas Code of Criminal Procedure Article 39.14
• Brady and Michael Morton Act violations involving withheld, delayed, or incomplete evidence

Relevant evidence in a Midland DWI case can include body camera footage, dash camera recordings, blood draw warrants, laboratory reports, officer training records, maintenance records, and other materials the State is required to disclose. 

When constitutional violations or unreliable evidence are uncovered, Trey Porter Law files motions to suppress and seeks dismissal in Midland County DWI cases.

What Are the DWI Penalties in Midland, Texas?

DWI penalties in Midland can include jail or prison time, fines, driver’s license consequences, ignition interlock requirements, and CDL consequences. Penalties increase based on prior offenses, BAC level, and aggravating factors under Texas law.

1. 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 consequences: up to 1 year of suspension
   
   
2. DWI with BAC 0.15 or Higher
   Texas Penal Code § 49.04(d) — Class A Misdemeanor
   Jail: up to 1 year
   Fine: up to $4,000
   Driver’s license consequences: up to 1 year of suspension
   
   
3. 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 consequences: additional suspension consequences may apply
   
   
4. DWI Third Offense
   Texas Penal Code § 49.09 — Third Degree Felony
   Prison: 2 to 10 years
   Fine: up to $10,000
   Driver’s license consequences: up to 2 years of suspension
   

A DWI conviction in Midland can create a permanent criminal record, appear on background checks, and affect employment, professional licensing, college admissions, and the ability to keep a commercial driver’s license. Courts may also require ignition interlock, and drivers may need SR-22 insurance to restore driving privileges. A felony DWI conviction can also affect firearm rights under federal law. 

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

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Trey Porter Law’s Midland DWI Defense Services

Trey Porter Law represents Midland DWI clients in Midland County criminal courts, Texas DPS driver’s license suspension proceedings, and DWI record-clearing matters.

Criminal DWI Charges

The firm defends intoxication offenses prosecuted in Midland County courts, including:

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

Driver’s License Defense

A Midland 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 before the State Office of Administrative Hearings (SOAH)
• Occupational driver’s license (ODL) petitions, including matters handled in Midland County justice courts when appropriate

Professional and Personal Consequences

A DWI arrest in Midland can create problems beyond the criminal case. Trey Porter Law advises clients on issues involving:

• Professional licensing board disclosure for nurses, teachers, physicians, CDL drivers, real estate professionals, and engineers
• Employer reporting and workplace discipline concerns
• University disciplinary proceedings
• Military reporting and discipline issues
• Oilfield and Permian Basin job concerns for workers who need to drive, maintain site access, or protect professional standing in West Texas

Clearing DWI Arrest Records

Trey Porter Law helps clients clear Midland DWI arrest records when they qualify under Texas law. Expunction deletes the record. An order of nondisclosure seals it from public view.

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

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DWI Defense in Midland County Courts

If you’ve been arrested for DWI in Midland, you can’t change what happened, but you can change what happens next. Trey Porter Law defends people charged with Driving While Intoxicated in the Midland County criminal courts.