San Antonio DWI Lawyer
Driving While Intoxicated is a very serious charge. If you are facing a DWI in San Antonio, even as a first offense, the stakes are high. DWI cases come with urgent deadlines that have real-life consequences. It is important to fight the drivers license suspension, assert your constitutional rights, and do everything possible to avoid a final conviction.
And you can’t do it alone.
Over the course of his career, Trey Porter has defended individuals facing everything from Public Intoxication to Murder. Each case is different, but the goal is always the same: get a dismissal.
Texas DWI Consequences
First time DWI offenders can face up to 365 days in jail, a $6,000.00 fine, court costs, a drivers license suspension, and a permanent criminal conviction.
- Is jail mandatory for a first DWI in Texas?
No, jail is not mandatory for first time DWI’s in Texas. Click here for a complete list of punishment ranges for DWI in Texas.
- What is the cost of a DWI in Texas?
Thousands of dollars, minimum, but it is impossible to calculate the amount of lost wages a person could incur because of a permanent criminal conviction. That’s why it is critical to avoid a conviction at all costs.
- Is a first DWI a felony in Texas?
No. In Texas, a first time DWI charge is either a Class A Misdemeanor or a Class B Misdemeanor. In Texas, only a DWI 3rd (or more) is classified as a felony.
Save Your Drivers License
The Texas Department of Public Safety operates the Administrative License Revocation (ALR) program. Every person arrested for DWI in Texas receives an ALR suspension unless they contest it.
You only have 15 days from the date of your arrest to request an ALR hearing. If you don’t request it, you lose the opportunity to contest it.
Trey Porter is one of the highest-rated DWI lawyers in San Antonio, with 100+ five star reviews on AVVO, he maintains a 10.0 Superb rating, and is the recipient of the AVVO Client’s Choice Award. AVVO rates attorneys based on skillful litigation, client satisfaction, peer endorsements, and positive results.
In addition to 50+ five star Google ratings, Mr. Porter has been named one of the three best DUI Attorneys in San Antonio by Three Best Rated. He is also recognized in the National Trial Lawyers’ Top 40 Under 40 for Criminal Defense, and has been voted by his peers as one of San Antonio’s Best Lawyers every year since 2015, with specific recognition in the fields of Criminal Defense and DWI Defense.
DWI First Offense
All first time DWI charges in Texas are Class B misdemeanors, though they can be enhanced by certain factors. DWI first time offenders face jail time, lifelong convictions, high fines, and license suspensions. Here is the full breakdown:
- DWI with a BAC below .15 is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense results in drivers license suspension.
- DWI with a BAC of .15 or higher is a Class A misdemeanor. The maximum fine is $6,000.00 and the maximum jail sentence is 12 months. A conviction for this offense is life-long, and results in a drivers license suspension.
- DWI with an Open Container is a Class B misdemeanor, falling into the same punishment ranges as set forth above, however, a person convicted of this offense faces a minimum of 6 days in jail.
- DWI with a Child Passenger is a State Jail Felony. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months, in a State Jail facility. A conviction for this offense is lifelong, and results in a drivers license suspension as well as a myriad of other serious, collateral consequences that come with being a convicted felon.
DWI 2nd Offense
A second DWI offense (DWI-Repeat Offender) is a Class A Misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is lifelong, requires a 3-day jail sentence, even if probation is granted, and results in a drivers license suspension.
There is no limit to how old your prior conviction may be to be used for enhancement purposes. Out of state convictions may be used as the basis for enhancement as well.
The Ignition Interlock Device is a requirement of bond for all individuals facing a DWI 2nd charge. This means that as a condition for release on bond a person must install a deep lung device on all accessible vehicles.
DWI 3rd Offense
After two DWI convictions, a third DWI offense (habitual DWI) is a Third Degree Felony. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary. A conviction for this offense is lifelong, requires a 10 day jail sentence, even if probation is granted, and results in a drivers license suspension, as well as a myriad of other serious, collateral consequences that come with being a convicted felon.
There is no limit to how old your prior convictions may be to be used for enhancement purposes. Out of state convictions may be used as the basis for enhancement as well.
The Ignition Interlock Device is a requirement of bond for all individuals facing a DWI 3rd (or more) charge. This means that as a condition for release on bond a person must install a deep lung device on all accessible vehicles.
Before entering a plea or beginning a trial, all defendants facing a DWI have an opportunity to apply for probation. If granted probation, a person may serve their punishment on Community Supervision, instead of being confined to jail.
The maximum period of probation for a misdemeanor DWI offender is 24 months. The maximum period for felony DWI offenders is 10 years.
- Can you get off probation early in Texas for DWI?
No. Though there are many offenses that qualify for early termination of probation in Texas, DWI is not one of them. All persons granted probation for DWI must serve the full period on Community Supervision.
- Can you drink on DWI probation in Texas?
No. All persons on Community Supervision in Texas are susceptible to drug testing, and this includes alcohol. Additionally, almost all individuals on probation for DWI will be required to use a deep lung device, which monitors for alcohol.
- What happens with a DWI probation violation in Texas?
If you fail to comply with the terms and conditions of probation, the State will issue a Motion to Revoke Probation (MTR). An MTR results in a warrant for your arrest, and requires you to appear before a judge. MTRs should be taken very seriously as they involve the potential for heightened conditions, extended periods of supervision, and confinement.
San Antonio DUI Lawyer
Driving Under the Influence (DUI) of alcohol by a minor is a very serious offense. All Texas drivers under the age of 21 are subject to a Zero Tolerance policy when it comes to alcohol. A minor in violation of this policy can be cited or arrested.
DUI and DWI are often used interchangeably in Texas, but they are actually very different. In Texas, a person of any age can be convicted of DWI for operating a motor vehicle, while DUI is only applicable to minor drivers under the age of 21.
- What is a DUI in Texas?
DUI is a Class C Misdemeanor. A minor commits the offense of DUI, if they are found to be operating a motor vehicle in a public place while having any detectable amount of alcohol in their system.
- What are the consequences of DUI in Texas?
A DUI conviction is a Class C Misdemeanor. The maximum fine is $500.00, and the maximum period of probation is 6 months. A conviction for this offense is permanent, results in a 60-day Driver License suspension, court-ordered community service, State-approved Alcohol / Drug Awareness course(s), and State-approved Driving Safety course(s).
Deferred Adjudication in Texas
A deferred adjudication is a special form of probation that allows an individual to avoid a trial and the risk of a possible final conviction.
In order to be granted deferred adjudication by the court, a defendant enters a plea of “guilty” or “no contest” and waives all constitutional rights to trial in exchange for a pathway to a dismissal. This typically involves being on community supervision for an agreed period of time, completing and abiding by an agreed set of terms and conditions.
The judge “defers” a finding of guilt during this term. Upon successful completion, the case is dismissed, and there is no final conviction.
If you have been charged with DWI in San Antonio on or after September 1, 2019, you may be eligible for DWI deferred adjudication. There are a number of qualifying factors, including a person’s BAC, and whether or not there was an accident.
San Antonio Expungement Lawyer
Don’t let your past hold you back. Depending on the circumstances and disposition of your old charges, you may be eligible for either an expunction or a nondisclosure.
- What is an expunction?
An expunction deletes everything. After a successful expunction, you can say legally and with confidence, that the incident you had expunged never happened.
- What is a petition for non-disclosure?
A nondisclosure is the next best thing to an expunction. A nondisclosure is an order to seal your record. While your record is sealed and not accessible to the private sector, the Government can still access it.
- Can you expunge a DWI?
Yes. If you were charged with DWI and the case was dismissed, or you were acquitted at trial, you are eligible for an expunction.
- Can you seal a DWI conviction?
Yes. If you have been convicted of DWI you may be eligible for a petition for non-disclosure, which, in effect, would seal your record.
I hired Mr. Trey Porter after getting a D.U.I. Was very much scared because I am a nurse and thought I would lose my livelihood. Mr Porter was reassuring and kind. He was also very confident.
Stephen, October 2017
Mr Porter was recommended to me by a coworker. He helped her out of a DWI 3 years ago, and he did the same for me.
Sammy, September 2017
Mr. Porter is very professional, he works diligently, efficiently, is in constant contact, and prompt!!! The key ingredients for a great lawyer.
Sheila Torres, July 2018
Trey is one of the best in the business. I was in complete shock of the outcome for the case, the best scenario was achieved in a not so great situation. Would absolutely recommend to everyone.
Stacey Reyes, November 2018
Trey is a phenomenal attorney that gets the job done right! He is dedicated to helping his clients. He made himself available and answered all my concerns immediately!
Bindia, March 2018
Contact Us Now
This is serious and the stakes are high. I limit the number of clients I take so that I can provide personalized service to each one.
Call or send a text to 210-920-1281 and you’re going to get me. Not a secretary. Not a law clerk. Not some associate attorney you don’t know.
The State is working on your conviction. Let’s start building your defense.