Texas DWI Lawyers

Trey Porter | Last Reviewed: July 2026

Trey Porter Law is a Texas criminal defense law firm focused on defending people charged with Driving While Intoxicated in Texas criminal courts.

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

Trey Porter Law’s DWI attorneys bring 40+ years of combined courtroom experience to every case, and 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.

If you’ve been arrested for DWI in Texas, you are facing possible jail time. Your driver’s license, job, and future opportunities are at risk. The next 15 days matter. 

What Is a DWI in Texas?

Driving While Intoxicated (DWI) is defined under Texas Penal Code § 49.04 as operating a motor vehicle in a public place while intoxicated.

Under Texas law, intoxicated means:

• A blood alcohol concentration (BAC) of 0.08 or higher, or
• Loss of normal use of mental or physical faculties due to alcohol, drugs, a controlled substance, or any combination

A few things most people don’t know:

• You can be charged with DWI even if the vehicle was parked
• You can be charged with DWI even if you had a 0.00 BAC
• You can be charged with DWI on private property

Conviction means jail time, fines, driver’s license suspension, and a permanent criminal record. A DWI arrest also triggers separate Administrative License Revocation (ALR) proceedings with the Texas Department of Public Safety (DPS) — and a 15-day deadline that starts immediately.

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What Happens After a DWI Arrest in Texas?

A DWI arrest starts two separate cases simultaneously. Both begin at the moment of arrest and require immediate action.

Criminal Case

The criminal case moves through county or district court depending on the charge level. It determines guilt, punishment, probation eligibility, and permanent record consequences.

• First and second DWI: misdemeanor, handled in county court
• Felony DWI: handled in district court
• Timeline varies by county — some courts move fast, others take months

Administrative License Revocation (ALR)

ALR proceedings are governed by Chapters 524 and 724 of the Texas Transportation Code:

• Chapter 524 — covers suspension for failing a breath or blood test
• Chapter 724 — covers suspension for refusing a breath or blood test under Texas implied consent law

The ALR process is a civil proceeding run by the Texas Department of Public Safety. It’s triggered automatically by a DWI arrest and targets the driver’s license. DPS doesn’t care what happens in the criminal case.

In Texas, drivers have 15 days from the date of a DWI arrest to request an ALR hearing. Missing that deadline means automatic driver’s license suspension starting on the 40th day after arrest. No extensions. No exceptions.

Trey Porter Law files the ALR hearing request immediately in every case. It’s part of the firm’s full-service DWI representation and provides two key benefits: early evidence from the arresting officer and a delay of the driver’s license suspension while the hearing is pending.

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What Is the ALR Hearing and Why Does It Matter?

The ALR hearing is an administrative proceeding before a Texas DPS judge — not a criminal court hearing. It determines whether DPS has the right to suspend a driver’s license based on the arrest.

The ALR hearing is triggered by one of two things:

1. A driver failed a breath or blood test with a BAC of 0.08 or higher (Tex. Transp. Code § 524.011)
2. A driver refused a breath or blood test under Texas implied consent law (Tex. Transp. Code § 724.035)

DPS only has to prove its case by a preponderance of the evidence — far lower than the beyond-a-reasonable-doubt standard at criminal trial. The State wins most ALR hearings. Request it anyway:

• It delays the suspension while the hearing is pending
• It forces the arresting officer to appear and testify under oath
• That sworn testimony creates a record usable in the criminal case
• Inconsistencies in testimony can expose weaknesses in the State’s evidence

Trey Porter Law requests the ALR hearing in every case and uses it as an early investigative tool — not just a chance to stop a driver’s license suspension.

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Will You Lose Your Driver’s License After a DWI in Texas?

Probably — but not automatically, and not without a fight.

ALR suspension ranges in Texas:

• First offense, failed test: 90-day suspension
• First offense, refusal: 180-day suspension
• Prior offense, failed test: 1-year suspension
• Prior offense, refusal: 2-year suspension

The ALR suspension is separate from any criminal court suspension imposed at sentencing. A driver can face both. Missing the 15-day ALR deadline triggers automatic suspension — no hearing, no challenge, no recourse.

Can You Get an Occupational Driver’s License After a DWI in Texas?

Yes. An Occupational Driver’s License (ODL) allows limited driving during a driver’s license suspension period for essential needs — work, school, and household necessities.

Texas Occupational Driver’s License Information:

• Must petition the court for an ODL order
• SR-22 insurance required and maintained for the duration
• Ignition interlock commonly required by the judge
• Driving restricted to specific hours and purposes in the court order
• Commercial drivers may obtain an ODL for regular driving
• ODLs cannot be used to drive commercial vehicles

An experienced Texas DWI attorney can petition for an ODL immediately after the ALR hearing request is filed — minimizing any gap in legal driving privileges.

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What Are the Penalties for a DWI in Texas?

The penalties for DWI in Texas are severe and include jail time as a possible punishment. The consequences increase with each offense and with aggravating factors such as serious injury, open containers, higher BAC, or the presence of a child passenger.

First DWI — Class B Misdemeanor

• Jail: 72 hours to 180 days
• Fine: up to $2,000
• Driver’s license suspension: up to 1 year
• DWI education program required
• Fines, court costs, and probation supervision fees may apply depending on case outcome

If BAC is 0.15 or higher, the charge is enhanced to a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine. Even a first-offense DWI charged as a Class B misdemeanor carries serious penalties under Texas law, and any conviction creates a permanent criminal record.

Second DWI — Class A Misdemeanor

• Jail: 30 days to 1 year — mandatory minimum applies
• Fine: up to $4,000
• Driver’s license suspension: up to 2 years
• Ignition interlock required as a bond condition
• Deferred adjudication not available

Third+ DWI and Felony Escalation

A third DWI is a third-degree felony — 2 to 10 years in prison, fine up to $10,000, permanent felony record, loss of the Second Amendment right to keep and bear firearms, and loss of voting rights during incarceration and while on parole or supervision.

Circumstances that elevate DWI to felony level:

• Child passenger under 15 — State Jail Felony, 180 days to 2 years
• Serious bodily injury — intoxication assault, third-degree felony, 2 to 10 years
• Death — intoxication manslaughter, second-degree felony, 2 to 20 years

Trey Porter Law has successfully challenged prior convictions used to elevate DWI charges to felony level. Flawed or invalid prior judgments can collapse a felony enhancement entirely.

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Can You Get Probation for a DWI in Texas?

Yes — but it’s not automatic. Under Tex. Code Crim. Proc. art. 42A.053, Texas courts may place eligible defendants on community supervision (probation). Eligibility depends on the charge, BAC level, and criminal history.

Ultimately, it’s up to the judge. Texas judges have total discretion to grant probation — or not.

Common requirements for DWI probation in Texas include:

• DWI education program
• Victim impact panel
• Community service hours
• Random alcohol and drug testing
• Regular reporting to a probation officer
• Ignition interlock

Experienced Texas DWI lawyers can make a significant difference when probation is on the table — especially in repeat-offender cases.

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Can You Get Deferred Adjudication for a DWI in Texas?

Yes — but only in limited first-offense cases. Under Tex. Code Crim. Proc. art. 42A.102, deferred adjudication is available only when the charge is filed as a Class B misdemeanor.

Deferred adjudication means the judge places the defendant on probation while deferring entry of a conviction.

Deferred adjudication can be a double-edged sword.

• The good: If completed successfully, the case is dismissed and the defendant avoids a conviction.
• The bad: If any conditions are violated, the judge can enter a conviction and sentence the defendant within the full statutory punishment range.

Deferred adjudication is not available for:

• DWI charged as a Class A misdemeanor (BAC 0.15 or higher)
• Second or subsequent DWI offenses
• Felony DWI charges
• DWI involving a child passenger

For many first-time defendants, deferred adjudication is the best possible outcome because it avoids a permanent conviction and may allow the record to be sealed later through an order of nondisclosure.

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Do You Need a Lawyer for a DWI in Texas?

Yes. You need a lawyer if you’re charged with DWI in Texas.

DWI is a serious criminal charge that can result in jail time, driver’s license suspension, and a permanent criminal record if convicted.

An experienced Texas DWI lawyer can challenge the legality of the traffic stop, the reliability of field sobriety tests, the arresting officer’s probable cause for arrest, and the accuracy of breath or blood testing.

Dismissals aren’t handouts. They’re earned through aggressive, strategic defense. Texas DWI lawyers leverage the constitutional rights of defendants, Tex. Code Crim. Proc. art. 39.14, and relevant case law to secure the best possible result — often in the face of difficult facts.

You need a DWI lawyer. Trey Porter Law offers free confidential consultations for people facing DWI charges in Texas.

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What Is the Court Process for a DWI in Texas?

Every DWI case follows a general path — but timelines and outcomes vary significantly by county and charge.

• Arrest and booking — The police officer conducts field sobriety tests, requests a breath or blood test, and makes an arrest decision. The driver is booked and released on bond. The ALR clock starts immediately.
  
  
• Arraignment — The first formal court date. The charge is read, a plea entered, and bond conditions reviewed. Most defendants plead not guilty to preserve time for investigation and negotiation.
  
  
• Pretrial settings — Defense counsel reviews all evidence: dash cam and body cam footage, breath or blood test records, officer reports, and lab documentation. Suppression motions are filed when constitutional violations or testing errors are identified.
  
  
• Motions hearings — A successful suppression motion can eliminate a BAC result or the entire arrest from evidence — often forcing dismissal or a significant reduction.
  
  
• Plea or trial — Statistically, most Texas DWI cases resolve through a negotiated plea because the consequences of a trial conviction can be severe. Cases with strong defenses go to trial. A jury trial is a constitutional right in every case. Trey Porter Law prepares every case for trial from day one.

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How Do You Fight a DWI Charge in Texas?

You attack every piece of evidence. Fighting a DWI means putting every phase of the State’s case — the stop, the arrest, and the chemical testing — through an exhaustive review.

Trey Porter Law has secured courtroom dismissals in DWI cases by directly challenging the legality of the traffic stop, the reliability of field sobriety testing, and the accuracy of breath and blood testing procedures.

Challenging the Traffic Stop

The stop must be supported by reasonable suspicion — a specific, articulable reason for the stop. No reasonable suspicion means no lawful stop, and everything that follows a bad stop is the fruit of a poisonous tree.

Trey Porter Law has won suppression rulings in DWI cases involving issues like:

• No observed traffic violation or erratic driving
• Anonymous tips without corroboration
• Pretextual stops that don’t hold up under scrutiny

Challenging Field Sobriety Tests

The three standardized field sobriety tests defined by the National Highway Traffic Safety Administration (NHTSA) — Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand — have strict protocols. Deviations undermine reliability:

• Officer failed to follow standardized instructions
• Medical conditions, injuries, or uneven surfaces affected performance
• Results recorded inaccurately in the officer’s report

Challenging Breath and Blood Testing

Breath and blood testing are not infallible. Common challenges include:

• Calibration errors or missed maintenance on Intoxilyzer machines
• Failure to observe the defendant for the required 15-minute pre-test period
• Medical conditions like GERD or diabetes affecting breath readings
• Chain of custody gaps, contamination, or lab errors in blood cases
• Failure to preserve a sample for independent defense testing

Rising BAC Defense

Alcohol absorbs over time. A driver whose BAC was below 0.08 while driving but above 0.08 at testing may have a valid rising BAC defense — the result doesn’t reflect intoxication at the time of driving.

Constitutional Violations

Unlawful searches, coerced consent, and Miranda violations can all support suppression motions in the right case.

Trey Porter Law reviews every piece of evidence — every video, every lab record, every officer report — before making any recommendation on how to proceed.

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Can a DWI Be Dismissed in Texas?

Yes. DWI charges can be dismissed in Texas when the defense successfully challenges the evidence or proves a violation of the defendant’s constitutional rights.

Dismissal means the charge is dropped. That means no conviction and no probation.

Trey Porter Law has earned DWI dismissals for clients by:

• Challenging unlawful traffic stops
• Challenging probable cause for arrest
• Arguing police unlawfully prolonged the detention
• Highlighting chain of custody problems in blood testing
• Asserting violations of the Sixth Amendment right to a speedy trial
• Litigating Brady violations when the State failed to disclose material information

Dismissals are earned, not given. Trey Porter Law’s criminal defense attorneys bring a proven track record and 40+ years of combined courtroom experience to challenging weak evidence, identifying leverage, and pursuing dismissal of DWI criminal charges at every stage of the legal process.

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Can a DWI Be Reduced in Texas?

Yes. A DWI can be reduced in Texas when the defense identifies weaknesses in the evidence and uses those problems to negotiate a better outcome.

A reduction means the original DWI charge is changed to a less serious offense. Trey Porter Law’s DWI lawyers have negotiated each of the following reductions in Texas DWI cases:

• Felony DWI to misdemeanor DWI when the State agrees to waive a felony enhancement under Texas Penal Code § 49.09
  
• Class A DWI to Class B DWI when blood alcohol evidence supporting the higher grade under Texas Penal Code § 49.04 is successfully challenged
  
• Intoxication Assault to DWI when the State can’t prove the serious bodily injury element required by Texas Penal Code § 49.07
  
• DWI to Obstruction of a Highway under Texas Penal Code § 42.03
  
• DWI to Reckless Driving under Texas Transportation Code § 545.401

Reductions do not happen because a prosecutor is being generous. They happen when an experienced DWI attorney finds weaknesses in the evidence and uses them to reduce criminal charges at every stage of the legal process.

How Long Does a DWI Stay on Your Record in Texas?

Forever. DWI arrest records and DWI convictions stay on your record permanently unless you take proactive legal action to expunge or seal them. A DWI conviction cannot be expunged. In limited circumstances, a DWI record may qualify to be sealed through an Order of Nondisclosure, but only if the person affirmatively files for that relief and is legally eligible.

What a permanent DWI record can affect:

• Employment background checks
• College applications and scholarships
• Professional licensing
• Housing applications
• Car insurance rates
• Federal employment and security clearances
• International travel, including entry into Canada

Can a DWI Be Expunged?

Yes, in limited circumstances. DWI charges can be expunged if you were found not guilty at trial. DWI charges can also qualify for expunction under Chapter 55A of the Texas Code of Criminal Procedure if they were never filed before the statute of limitations expired, dismissed without probation, or dismissed after successful completion of a pretrial intervention program authorized under Texas Government Code § 76.011. See Tex. Code Crim. Proc. art. 55A.205.

Can a DWI Be Sealed?

It depends. In Texas, sealing a criminal record is called an Order of Nondisclosure. This relief is available only in limited circumstances, including certain first-time DWI cases resolved through deferred adjudication that otherwise meet the eligibility requirements of Texas Government Code § 411.0731. It does not apply to DWI convictions, and it does not happen automatically.

Trey Porter Law has a proven track record of protecting expunction and nondisclosure eligibility for clients in DWI cases.

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Is a DWI Worse Than a DUI in Texas?

Yes. DUI and DWI are not the same charge in Texas, and DWI is significantly more serious.

• DUI in Texas — Under Texas Alcoholic Beverage Code § 106.041, DUI applies only to drivers under 21 who have any detectable amount of alcohol in their system. It is a Class C misdemeanor. No jail exposure, but still a serious charge that can lead to a fine, driver’s license consequences, and a permanent criminal record if convicted.
  
  
• DWI in Texas — Under Texas Penal Code § 49.04, DWI can apply to any driver of any age who is intoxicated while operating a motor vehicle in a public place. Intoxication can mean a BAC of 0.08 or higher, or loss of the normal use of mental or physical faculties. A first-offense DWI is typically a Class B misdemeanor, with jail exposure, fines, driver’s license consequences, and a permanent criminal record if convicted.

The overlap that catches people off guard is this: when a driver under 21 has a BAC of 0.08 or higher or has lost the normal use of mental or physical faculties, prosecutors can file the more serious adult offense of DWI instead of the lesser DUI charge.

Trey Porter Law handles DUI and DWI cases involving drivers of all ages across Texas.

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How Can a Texas DWI Affect Your Professional License?

A DWI arrest does not stay in the courtroom. For licensed professionals, the consequences can extend into careers and livelihoods — sometimes triggering reporting obligations, investigations, or disciplinary action before the criminal case is resolved. Legal assistance at the earliest stage protects the most options.

• Nurses — The Texas Board of Nursing reviews criminal conduct and has disciplinary policies addressing alcohol- and drug-related conduct. A DWI arrest or conviction can trigger board review, investigation, practice restrictions, or disciplinary action. Trey Porter Law regularly represents Texas nurses facing DWI charges.
  
  
• Doctors — A DWI can trigger a Texas Medical Board investigation, reporting obligations, or disciplinary action. If the Board takes adverse licensure action, that action may be reportable to the National Practitioner Data Bank and can follow a physician’s career. Trey Porter Law helps physicians protect their medical licenses from the moment of arrest.
  
  
• Pilots — FAA regulations require reporting a drug- or alcohol-related motor vehicle action within 60 days under 14 C.F.R. § 61.15. Failure to report can create a separate FAA problem. Trey Porter Law helps pilots navigate FAA reporting while building the strongest possible defense.
  
  
• Teachers — A DWI can lead to educator discipline, and SBEC sanctions can be based on the underlying conduct even without a criminal conviction. School districts may also place teachers on administrative leave after an arrest. Trey Porter Law fights for teachers at every stage.
  
  
• Military Members — A DWI can affect rank, promotion, duty status, administrative separation, and security clearance review, depending on the branch, command response, and case outcome. Trey Porter Law defends service members in civilian courts while coordinating with military counsel when needed.
  
  
• Security Clearances — A DWI can trigger scrutiny under the federal adjudicative guidelines, especially where there are concerns about alcohol use, judgment, reliability, or criminal conduct. A dismissal or reduction can significantly improve the chances of keeping a clearance. Trey Porter Law builds defenses with clearance consequences in mind from day one.

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What Should You Do After a DWI Arrest in Texas?

Hire a Texas DWI lawyer immediately. Early representation protects your driver’s license, preserves evidence, prevents avoidable mistakes, and puts your defense in the best position from day one.

Next, make sure the ALR hearing is requested within 15 days. Follow all bond conditions, preserve any evidence tied to the stop and arrest, and do not discuss the case with police, friends, or on social media.

Do not ignore DPS notices or court dates, assume a first offense means no jail time, plead guilty just to “get it over with,” or wait until the first court date to get legal help.

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Why Trey Porter Law for a Texas DWI?

Every lawyer at Trey Porter Law works on every case. Cases aren’t assigned, they’re collaborated on. This case management strategy fundamentally differentiates Trey Porter Law from other Texas DWI lawyers.

Trey Porter Law is built around DWI defense in Texas, handling DWI charges in county courts and district courts across the state, including court systems in the San Antonio, Austin, Dallas, Houston, and Midland areas.

• 40+ years of combined courtroom experience
• 900+ five-star reviews across Google and Avvo
• Significant experience obtaining dismissals through motions to suppress evidence in DWI cases, including cases with BACs over 0.15

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Trey Porter Texas DWI Attorney

Trey Porter leads the firm’s Texas DWI defense strategy. He has more than 15 years of experience defending people charged with DWI in Texas courts, challenging driver’s license suspensions through ALR hearings, obtaining occupational driver’s licenses, and defending the full range of Texas intoxication offenses from first-offense misdemeanors to serious felony cases.

• Licensed by the Supreme Court of Texas to practice in Texas District, County, Municipal, and Justice courts statewide
• Resolved more than 1,000 criminal and DWI cases across Texas
• Secured dismissals and reductions in DWI cases, including reductions to Obstruction of a Highway

Experience and Results

Trey Porter has secured dismissals and reductions in Texas DWI cases by challenging unlawful traffic stops, weak probable cause, prolonged detention, flawed field sobriety testing, blood testing procedures, chain-of-custody problems, officer inconsistencies, and other weaknesses in the State’s evidence.

He also has focused experience defending nurses in Texas DWI cases, including Texas Board of Nursing disclosure issues after arrest and at license renewal.

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 analysis have appeared in Forbes, USA Today, 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 College for DUI Defense (NCDD)
• DUI Defense Lawyers Association (DUIDLA)
• Texas Criminal Defense Lawyers Association (TCDLA)
• National Association of Criminal Defense Lawyers (NACDL)

Texas DWI Defense

The experienced DWI lawyers at Trey Porter Law defend people facing DWI charges in county courts at law and district courts across Texas.

Cities with dedicated DWI pages:

• Austin DWI Lawyers
  
• Midland DWI Lawyers
  
• San Antonio DWI Lawyers

Trey Porter Law also handles DWI cases in New Braunfels, Fredericksburg, San Marcos, Georgetown, Round Rock, and Odessa.