San Marcos DWI Lawyer

San Marcos & Hays County DWI Lawyer — Two Cases Running at Once

Most people arrested for DWI in Hays County don’t realize this: you’re actually fighting two completely separate legal battles from the moment of arrest. The first is the criminal case in Hays County courts. The second is the Administrative License Revocation process — a civil proceeding run by the Texas DPS that can suspend your license regardless of what happens in the criminal case. You have 15 days from your arrest to request the ALR hearing. We file that request the day you retain us.

We’ve been defending DWI cases in Hays County, Caldwell County, and surrounding courts for over 20 years. Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before coming to the defense side. We know how DA Kelly Higgins’s office evaluates DWI cases, what evidence they find compelling, and exactly where their cases have room. Mark Hull has practiced Texas criminal defense for over 20 years.

IH-35 through San Marcos, Kyle, and Buda is one of the most actively enforced DWI corridors in Central Texas. Most of the DWI cases we handle from this area start with a traffic stop on IH-35, US-290, or FM-150. The first question we ask is whether that stop was legally justified — because that’s where most dismissals start. If the stop was bad, everything that follows can be suppressed under the Fourth Amendment and Texas Code of Criminal Procedure Chapter 38.

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Your License and Your Criminal Case Are Two Separate Fights

A DWI arrest in Hays County triggers two completely separate legal processes simultaneously. Most people only know about the criminal case. We fight both from day one.

15-Day Deadline

Administrative License Revocation (ALR)

The ALR process is a civil proceeding run by the Texas DPS — completely separate from Hays County criminal court. You have exactly 15 days from the date of your DWI arrest to request a hearing. Miss it and your license is suspended automatically, no exceptions. We file the ALR request the day you retain us. The ALR hearing also creates a critical discovery opportunity: it locks in officer testimony under oath before the criminal case proceeds.

Criminal Case

Hays County Criminal Court

Class B and A misdemeanor DWI cases are heard at the Hays County Government Center at 712 S. Stagecoach Trail, San Marcos. Misdemeanor DWI goes to Courts at Law No. 1, 2, or 3 on the second floor. Felony DWI — including intoxication assault, intoxication manslaughter, third-offense DWI, and DWI with child passenger — goes to the District Courts on the third floor. DA Kelly Higgins’s office handles all prosecution.

San Marcos DWI lawyers Mark Hull and Allison Tisdale

What We Do the Day You Call Our San Marcos DWI Law Firm

A DWI defense that starts in week two is already behind. Body cam and dash cam footage runs on 30-to-90-day rolling overwrite cycles. Witnesses move on. Deadlines pass. Here is exactly what happens when you call us.

01

File the ALR hearing request

The same day you retain us. This preserves your driving privileges and locks in officer testimony before the criminal case proceeds.

02

Preserve all evidence

Body cam, dash cam, 911 recordings, officer dispatch records, any surveillance footage from the location of the stop. We issue preservation demands immediately.

03

Analyze the stop

Was there legally sufficient reasonable suspicion to pull you over on IH-35 or wherever the arrest occurred? If the stop wasn’t justified, everything that follows can be suppressed. This is where most DWI dismissals in Hays County originate.

04

Challenge the evidence

Field sobriety tests have precise administration requirements. Breathalyzers have calibration and maintenance logs. Blood draws have chain of custody and lab standards. We audit all of it. See our page on BAC and breath test challenges.

05

Negotiate from documented strength

Allison Tisdale prosecuted DWI cases in Texas courts. We know how Kelly Higgins’s office builds its files and what they respond to. We go into negotiations with legal arguments already documented, not with requests.

06

Trial-ready from day one

We prepare every case for trial. When Hays County prosecutors know your attorneys are genuinely prepared to try the case, it changes every negotiation before trial. We’ve tried DWI cases across Hays County, Travis County, and surrounding courts for over 20 years.

DWI defense attorney San Marcos Hays County

IH-35 DWI Arrests — San Marcos, Kyle & Buda

IH-35 through Hays County is one of the most heavily enforced DWI corridors in Central Texas. Texas DPS Troopers, Hays County Sheriff’s deputies, Kyle Police, and Buda Police all run regular traffic enforcement along this corridor. The result is a high volume of DWI arrests — and a high volume of arrests that can be challenged.

Most IH-35 DWI cases start with a minor traffic infraction — speeding, improper lane change, a taillight violation — that escalated when the officer claimed to smell alcohol or observed signs of impairment. Under the Fourth Amendment and Texas Code of Criminal Procedure Chapter 38, that escalation must be legally justified. If the officer lacked reasonable suspicion to extend the stop, or if the stop itself was pretextual, we move to suppress. Suppressed evidence usually means a dismissed case.

The 15-day ALR deadline is especially critical on IH-35 arrests because these cases move fast. DPS processes the paperwork quickly, and the suspension timeline is automatic. We handle the ALR filing the same day you retain us — no exceptions. For full detail on IH-35 enforcement patterns and defense strategies, see our dedicated IH-35 corridor DWI defense page.

DWI Charge Types We Defend in Hays County

Every DWI charge below has different defense strategies, different evidence requirements, and different consequences. We handle all of them in Hays County courts and across the surrounding counties.

First-Time DWI

Class B misdemeanor. Up to 180 days in jail, $2,000 fine, 90-day to 1-year license suspension. No deferred adjudication in Texas. A conviction is permanent. Dismissal is the only real record protection.

Class B Misd. → Class A if BAC ≥ 0.15

Felony DWI

Third or subsequent offense, DWI with child passenger under 15, intoxication assault, or intoxication manslaughter. Felony DWI in Hays County goes to the District Courts. These require experienced trial lawyers who know these specific courts.

State Jail Felony → 2nd Degree Felony

High BAC DWI (0.15+)

A BAC of 0.15 or above on a first offense elevates from Class B to Class A misdemeanor. Higher penalties, mandatory ignition interlock, and more aggressive prosecution posture from the Hays County DA’s office.

Class A Misd. — up to 1 year / $4,000

IH-35 Corridor DWI

DPS and local law enforcement run active enforcement on IH-35 through Kyle, San Marcos, and Buda. These cases often have strong Fourth Amendment suppression angles from the stop through the search. We know this corridor.

San Marcos • Kyle • Buda

DWI Refusal Cases

Refusing a breath test triggers automatic ALR consequences — but it does not mean your criminal case is stronger against you. Refusal cases are defensible. The stop still has to be legal. The blood warrant still has to be valid.

Longer suspension — still winnable

Drug DWI (DUID)

A DWI doesn’t require alcohol. Marijuana, prescription drugs, or controlled substances can trigger the same statute. These cases rely on blood tests and officer observations — no breathalyzer. Defense strategies differ significantly from alcohol DWI.

Same penalties as alcohol DWI

Texas DWI law Hays County criminal defense

What Is DWI in Texas — and How Does It Apply in Hays County?

Under Texas Penal Code §49.04, DWI means operating a motor vehicle in a public place while intoxicated. “Intoxicated” means either a blood alcohol concentration of 0.08 or above, or not having normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or any combination — regardless of BAC level.

This two-pathway definition matters for defense. A per se case relies on the BAC number. An impairment case relies on the officer’s observations of driving behavior and field sobriety test performance. We challenge both types. On the BAC side, we audit the breathalyzer maintenance logs, the blood draw chain of custody, and the lab methods. On the impairment side, we review the officer’s dashcam frame by frame against the standardized FST administration requirements.

Deferred adjudication is not available for DWI in Texas. A conviction at any level — Class B, Class A, or felony — is permanent. No sealing, no nondisclosure. If your DWI is dismissed, we handle the expungement filing so the arrest clears your record entirely. For the full breakdown of Texas DWI law and penalties, see our Texas DWI laws page.

1st OffenseClass B Misd. • Up to 180 days • $2,000 fine • License suspension 90 days–1 yr

BAC ≥ 0.15Class A Misd. • Up to 1 year • $4,000 fine • Ignition interlock required

2nd OffenseClass A Misd. • Up to 1 year • $4,000 fine • 180 days–2 yr suspension

3rd+ Offense3rd Degree Felony • 2–10 years prison • $10,000 fine

DeferredNOT available for DWI in Texas — any conviction is permanent

Why Hire Our San Marcos DWI Law Firm?

Mark Hull has practiced Texas criminal defense for over 20 years. He has tried DWI cases to verdict in Hays County, Travis County, Williamson County, and surrounding courts for over 20 years. Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense side — she has litigated DWI cases at every level, from Class B misdemeanor first offenses to felony DWI charges.

Mark Hull was recognized as Litigator of the Year 2023 by the American Institute of Trial Lawyers and named to the National Trial Lawyers Top 100. Allison Tisdale was named to the American Academy of Attorneys Top 40 Under 40 in 2022. We carry a 5.0 rating across 363 Google reviews — from clients who faced DWI and criminal charges across Central Texas. We’ve secured Over 930 dismissals or rejected cases since 2021. That record comes from thorough case preparation, aggressive Fourth Amendment analysis, and two decades of appearing in the same Hays County courts, against the same prosecutors, in front of the same judges.

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Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Hays, Travis, Williamson, and Caldwell county courts. Mark Hull.

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Former State Prosecutor

Allison Tisdale prosecuted DWI and criminal cases as a Texas state prosecutor before joining the defense side.

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Litigator of the Year 2023

American Institute of Trial Lawyers. National Trial Lawyers Top 100. Top 40 Under 40 — Allison Tisdale 2022.

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Over 930 dismissals or rejected cases since 2021

Across Hays County, Travis County, Williamson County, Caldwell County, Guadalupe County, and surrounding courts.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Hays County Courts

San Marcos & Hays County DWI FAQ

The questions we hear most from people arrested for DWI in San Marcos, Kyle, Buda, and Hays County — answered with specific local court details and Texas law citations.

What is the 15-day ALR deadline after a DWI arrest in Hays County?+

If you were arrested for DWI anywhere in Hays County — San Marcos, Kyle, Buda, Wimberley, or on IH-35 — you have exactly 15 days from the date of arrest to request an Administrative License Revocation hearing with the Texas DPS. Miss that deadline and your license is automatically suspended, regardless of what happens in the criminal case. No exceptions, no extensions. We file that request the day you retain us. Call 737-937-5786 immediately after a DWI arrest in Hays County — do not wait until Monday morning.

Can a DWI be dismissed in Hays County?+

Yes — and we've secured Over 930 dismissals or rejected cases since 2021 across Central Texas, including in Hays County courts. Most DWI cases in this area start with a traffic stop on IH-35, US-290, or FM-150. If that stop wasn't legally justified under the Fourth Amendment, everything that follows — the field sobriety tests, the BAC reading, the arrest — can be suppressed under Texas Code of Criminal Procedure Chapter 38. Suppressed evidence typically means a dismissed case. Hays County DA Kelly Higgins's office prosecutes DWI aggressively, but their cases are built on evidence. When the evidence doesn't hold up, the case doesn't hold up. Call 737-937-5786 the day of your arrest — the pre-filing window is your best window.

Is deferred adjudication available for DWI in Hays County?+

No. Deferred adjudication is explicitly unavailable for DWI anywhere in Texas under the Texas Code of Criminal Procedure. A DWI conviction enters permanently the moment you accept any plea — it cannot be sealed, cannot be nondisclosed, and can be used to enhance a future charge years from now. The only path to record protection on a DWI is dismissal, acquittal at trial, or expungement of a dismissed charge. This is why we fight every DWI for dismissal — not just a better plea.

What are the penalties for a first DWI in Texas?+

A first-offense DWI in Texas is a Class B misdemeanor: up to 180 days in county jail, up to a $2,000 fine, and a license suspension of 90 days to one year. If your BAC was 0.15 or above, it elevates to a Class A misdemeanor — up to one year in jail and up to a $4,000 fine. The state also charges an annual surcharge of up to $2,000 for three years to retain your license. A DWI conviction in Texas is permanent. There is no deferred adjudication, no sealing, no nondisclosure — which is exactly why dismissal is the only real protection for your record.

What is a felony DWI in Texas and how does it apply in Hays County?+

A DWI becomes a felony in Texas in several situations: a third or subsequent offense (third-degree felony, 2-10 years prison); DWI with a child passenger under 15 (state jail felony, 180 days to 2 years); intoxication assault — causing serious bodily injury while intoxicated (third-degree felony); and intoxication manslaughter — causing death while intoxicated (second-degree felony, 2-20 years). In Hays County, felony DWI cases go to the third floor of the Hays County Government Center — the 22nd, 207th, 274th, 428th, or 453rd District Courts. DA Kelly Higgins's office prosecutes felony DWI aggressively. If you're facing a felony DWI charge in Hays County, call 737-937-5786 immediately.

How does IH-35 through Hays County affect DWI enforcement?+

IH-35 through San Marcos, Kyle, and Buda is one of the most actively enforced stretches of highway in Texas. Texas DPS Troopers, Hays County Sheriff's deputies, Kyle Police, and Buda Police all run regular enforcement along this corridor. The volume of DWI arrests from IH-35 traffic stops is significant — and so is the volume of arrests that can be challenged. Most IH-35 stops begin with a minor traffic infraction that escalates. The legality of that escalation, the field sobriety test administration, and the BAC testing procedure are where these cases get won. See our dedicated page on IH-35 corridor DWI defense.

What should I do after a DWI arrest in San Marcos or Hays County?+

Say nothing to law enforcement beyond providing your license and insurance. Invoke your right to counsel clearly: 'I want an attorney.' Stop talking. Write down everything you remember about the stop — what the officer said, where you were, what happened — while it is still fresh. Then call us at 737-937-5786. You have exactly 15 days from the date of arrest to request an ALR hearing. We file that request the day you retain us and begin working both the criminal case and the license suspension simultaneously.

Does refusing a breath test help or hurt my DWI case in Hays County?+

Refusal triggers automatic consequences in the ALR process — a longer suspension period than if you submitted and failed. But refusal does not mean your criminal case is stronger against you. Refusal cases are defensible. The stop still has to be legally justified. The officer's observations of driving behavior and field sobriety test performance still have to hold up. If Hays County or DPS drew a blood warrant after your refusal — which Texas courts routinely issue — we challenge the warrant, the draw procedure, the lab methods, and the chain of custody. See our full analysis of BAC evidence challenges in Hays County.

Which court handles my DWI case in Hays County?+

All DWI and criminal cases in Hays County are heard at the Hays County Government Center at 712 S. Stagecoach Trail, San Marcos, TX 78666. Class B misdemeanor DWI (first and second offense) goes to the Courts at Law on the second floor — Hays County Courts at Law No. 1, 2, and 3. Class A misdemeanor DWI (high BAC or second offense escalation) stays in the Courts at Law. Felony DWI charges go to the third floor District Courts — the 22nd, 207th, 274th, 428th, or 453rd. The Hays County Criminal District Attorney under DA Kelly Higgins prosecutes all of it. We appear in all of these courts regularly. See our Hays County courts guide for more detail.

Can I expunge a DWI arrest from my record in Texas?+

Yes — if the DWI charge was dismissed or you were acquitted at trial. A DWI conviction cannot be expunged or sealed under Texas law. If your DWI was dismissed and you have not filed for expungement, the arrest still appears on background checks until a court issues a formal expunction order under Texas Chapter 55. That order requires every agency — DPS, Hays County courts, San Marcos Police, Hays County Sheriff, private background check companies — to destroy the record. We evaluate expungement eligibility on every case we close and handle the complete filing. See our San Marcos expungement page for full details.

DUI vs. DWI in Texas — What’s the Difference?

Many people searching for a “DUI lawyer in San Marcos” have actually been charged with DWI. In Texas, the two charges are legally distinct. DWI under Penal Code §49.04 applies to drivers of any age with a BAC of 0.08 or above, or with loss of normal mental or physical faculties. DUI under Texas Alcoholic Beverage Code §106.041 applies only to drivers under 21 — any detectable alcohol triggers DUI, zero tolerance, regardless of BAC.

A minor with a BAC of 0.08 or above can be charged with DWI instead of DUI, which carries significantly harsher penalties. A first-offense DUI is a Class C misdemeanor. A first-offense DWI is a Class B misdemeanor. The defense strategies differ, the court procedures differ, and the consequences differ. If you were charged with either in Hays County, call 737-937-5786 and we’ll tell you exactly what you’re facing and what your options are.

We also handle cases across the counties surrounding Hays. Arrests on US-183 south of Austin may fall in Caldwell County. Arrests near Seguin may be in Guadalupe County. We appear in all of these courts. If you’re not sure which county your case is in, call us and we’ll confirm immediately.

San Marcos DWI Defense Resources

Detailed information on every aspect of DWI defense in Hays County — from the moment of arrest through ALR hearing, criminal trial, and record expungement.

First-Time DWI Defense

What to expect on a first offense in Hays County, why deferred adjudication isn’t available, and how to protect your record from permanent damage.

Texas DWI Laws

The statute, definitions of intoxication, charge levels, and how Texas DWI law is actually applied in Hays County courts versus how it reads on paper.

BAC & Breath Test Challenges

How BAC is measured, what can go wrong with breath and blood testing, and how we challenge BAC evidence in Hays County courts.

DWI Conviction Consequences

License suspension, employment impact, insurance, professional licensing boards, and why any DWI conviction in Texas is permanent without expungement.

IH-35 Corridor DWI

DPS and local enforcement patterns on IH-35 through Kyle, San Marcos, and Buda — and the defense angles that matter most on corridor stops.

Hays County DWI FAQ

The most common questions after a DWI arrest in San Marcos and Hays County — answered with specific local court details and deadlines.

DWI Expungement San Marcos

When a DWI arrest can be expunged after dismissal or acquittal — and why deferred adjudication is not available for DWI in Texas.

Hays County Courts Guide

Full guide to the Hays County Government Center, Courts at Law, District Courts, the DA’s office, and what to expect at each stage of your case.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Hays County, Travis County, and Central Texas.

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Ronnicka Lopez

★★★★★

Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

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Blake Shires

★★★★★

Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

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Shawn Hallman

★★★★★

Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

San Marcos & Hays County DWI Lawyer — Two Cases Running at Once

Your License and Your Criminal Case Are Two Separate Fights

Administrative License Revocation (ALR)

Hays County Criminal Court

What We Do the Day You Call Our San Marcos DWI Law Firm

IH-35 DWI Arrests — San Marcos, Kyle & Buda

DWI Charge Types We Defend in Hays County

First-Time DWI

Felony DWI

High BAC DWI (0.15+)

IH-35 Corridor DWI

DWI Refusal Cases

Drug DWI (DUID)

What Is DWI in Texas — and How Does It Apply in Hays County?

Why Hire Our San Marcos DWI Law Firm?

San Marcos & Hays County DWI FAQ

DUI vs. DWI in Texas — What’s the Difference?

San Marcos DWI Defense Resources

First-Time DWI Defense

Texas DWI Laws

BAC & Breath Test Challenges

DWI Conviction Consequences

IH-35 Corridor DWI

Hays County DWI FAQ

DWI Expungement San Marcos

Hays County Courts Guide

What Our Clients Say

Arrested for DWI in San Marcos or Hays County? Call Us Now.