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First-Time DWI Defense in San Marcos & Hays County

A first DWI in Texas is a Class B misdemeanor — and there is no deferred adjudication. If you’re convicted, it stays on your record permanently. But conviction is not the only outcome. We have 15 days from your arrest to file the ALR hearing request, and we start building your defense the same day. Former prosecutor Allison Tisdale on staff. Trial-tested criminal defense. Over 930 dismissals or rejected cases since 2021. Call 737-937-5786.

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✓ No Deferred Adjudication — Fight for Dismissal ✓ Former Prosecutor on Staff ✓ Hays County Courts ✓ Available 24/7
Litigator of the Year 2023 — first-time DWI defense attorney Mark Hull San MarcosMark Hull
Expertise.com Best DWI Defense Lawyers Hays County TexasMark Hull*
National Trial Lawyers Top 100 — DWI defense Hays CountyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor first-time DWI defenseAllison Tisdale — 2022
Lawyers of Distinction — DWI defense attorney San Marcos TexasMark Hull
Criminal Defense Top 10 Attorney — first-time DWI Hays CountyMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

First-Time DWI in Hays County — What You’re Actually Facing

A first DWI in Texas under Penal Code §49.04 is a Class B misdemeanor: up to 180 days in county jail, up to a $2,000 fine, and a license suspension ranging from 90 days to one year. Unlike many other misdemeanors, there is no deferred adjudication available for DWI in Texas — the legislature took that option off the table entirely. A plea or conviction is permanent. It shows on every background check, cannot be expunged, and can affect your career, housing, and professional licensing for the rest of your life.

I’ve been defending DWI cases in Hays County and surrounding courts for over 20 years. Allison Tisdale was on the other side of these cases as a Texas state prosecutor before she joined us — she knows exactly how DA Kelly Higgins’s office evaluates a first-offense DWI, what they look for when deciding whether to negotiate, and where these cases break down. That’s the difference between a team that knows the law and a team that knows how this specific office operates.

A first DWI is also not just the fine and potential jail time. By the time you add court costs, mandatory DWI education classes, ignition interlock device requirements, increased insurance premiums, and the annual DPS driver responsibility surcharge, the real cost of a first conviction runs well above $10,000. We treat every first-time DWI with the same urgency as a felony because the long-term consequences are that serious. Call 737-937-5786 now — the 15-day ALR deadline starts the moment of arrest.

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First-time DWI defense attorneys San Marcos — Mark Hull and Allison Tisdale, The Hull Firm

Why There’s No Such Thing as “Just a First DWI” in Texas

Every week someone walks into our office thinking a first DWI is basically a speeding ticket — something you pay, move on from, and eventually falls off your record. That is not how Texas law works. A first DWI conviction under Penal Code §49.04 is a permanent criminal conviction. It does not fall off after a few years. It cannot be expunged. Deferred adjudication — the mechanism most misdemeanors use to keep a first offense off a permanent record — is specifically unavailable for DWI by statute.

That permanence changes how we approach every first-offense case. When there is no second chance built into the law, winning the first case becomes the only option. We fight every angle — the legality of the stop, the field sobriety test administration, the accuracy and chain of custody of the BAC result — because a dismissed case can be expunged. A convicted case cannot.

If the BAC was 0.15 or above, the charge escalates to a Class A misdemeanor: up to one year in jail, a $4,000 fine, and a mandatory ignition interlock device as a condition of any probation. That is a fundamentally different case, and it requires an attorney who has tried DWI cases to verdict in Hays County — not someone who is going to walk you into a plea.

After a DWI Arrest in Hays County — Two Separate Processes Start Immediately

The criminal case and the license suspension run on completely separate tracks. Both require immediate action.

15-Day Deadline

Administrative License Revocation (ALR)

The moment you’re arrested for DWI in Texas, the DPS starts the Administrative License Revocation clock — completely separate from the criminal case. You have exactly 15 days from the arrest date to request a hearing. Miss it and the suspension is automatic: 90 days for a first offense if you provided a specimen, 180 days if you refused. We file the ALR hearing request the day you retain us. The ALR hearing also locks in officer testimony before the criminal case proceeds — which is a significant discovery advantage.

Provided specimen: 90-day suspension • Refused: 180-day suspension • Deadline: 15 days
Criminal Case

Hays County Courts at Law

First-offense DWI in Hays County is a Class B misdemeanor and goes to the Hays County Courts at Law at 712 S. Stagecoach Trail, San Marcos, TX 78666. DA Kelly Higgins’s office handles prosecution. The case typically begins with arraignment, followed by discovery, pre-trial motions, and — if the case goes that far — trial. We appear in this court regularly and know how this office evaluates first-offense DWI cases and what it takes to get one dismissed.

Class B Misd. → Class A Misd. if BAC ≥ 0.15 → State Jail Felony if child passenger
True cost of first DWI conviction Texas — career, financial, and criminal record consequences

The Real Cost of a First DWI Conviction in Texas

People focus on the fine listed in the statute. The fine is the smallest part of a first DWI conviction. By the time the case is resolved — and often for years after — a first conviction generates costs that most people never anticipate when they’re sitting in the Hays County jail.

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Court Fines and Court Costs

Statutory fine of up to $2,000, plus Hays County court costs that typically add several hundred dollars on top of the fine itself.

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DWI Education and Intervention Programs

Texas requires completion of a DWI education program as a condition of probation. Depending on the BAC level, a DWI intervention program may also be required. These courses cost money and take time.

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Ignition Interlock Device

Required if BAC was 0.15 or above, and commonly required as a condition of bond or probation even on standard first-offense cases. Installation and monthly monitoring fees run several hundred dollars per year.

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Insurance Premiums

A DWI conviction triggers SR-22 filing requirements. Insurance rates for drivers with a DWI conviction typically increase significantly — often doubling or more — and remain elevated for years.

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Permanent Criminal Record

Unlike a speeding ticket, a DWI conviction is a permanent misdemeanor criminal conviction. It appears on every background check: employers, landlords, professional licensing boards for nursing, teaching, commercial driving, real estate, and law enforcement. It cannot be expunged. Ever.

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Career and Licensing Consequences

CDL holders lose their commercial license for one year on a first DWI conviction — even if the arrest was in a personal vehicle. Professional licenses in healthcare, law, and education require disclosure and can result in disciplinary action or denial. For active military, a DWI conviction can affect security clearance and promotion eligibility.

First-time DWI defense strategy San Marcos — stop challenge, BAC evidence, and Hays County prosecution tactics

How We Defend First-Time DWI Cases in Hays County

Defense on a first-offense DWI starts at the beginning of the encounter and works forward. Here is how we approach every case.

01
File the ALR request immediately

Day one, without exception. This protects the license while the criminal case is pending, and the ALR hearing creates a discovery opportunity by placing the arresting officer under oath before any criminal proceeding begins.

02
Evaluate the legality of the stop

Was there legally sufficient reasonable suspicion to pull you over? DWI arrests in Hays County frequently originate on IH-35, Wonderworld Drive, and CM Allen Parkway — often for minor traffic violations or checkpoint stops. If the stop lacked legal justification under the Fourth Amendment, we move to suppress. Suppressed evidence typically ends the case.

03
Challenge the field sobriety tests

The HGN, walk-and-turn, and one-leg-stand tests are only reliable when administered exactly as specified by NHTSA protocol. We review the dashcam and bodycam footage for every deviation from protocol — improper instructions, non-standard surface, inadequate lighting, medical conditions that affect performance.

04
Attack the BAC evidence

Breath test results depend on properly calibrated equipment, certified operators, and an unbroken chain of custody. Blood draws require proper procedure and lab analysis with documented controls. We review the calibration records, the operator certification, the maintenance logs, and the lab’s quality assurance documentation. See our page on BAC evidence challenges for how these cases break down.

05
Engage DA Kelly Higgins’s office with documented arguments

Allison Tisdale prosecuted DWI cases in Texas courts before joining our firm. We know what this office responds to, how they evaluate first-offense cases with evidence problems, and how to present documented legal arguments that create real pressure toward dismissal.

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Evaluate expungement if the case is dismissed

A dismissed DWI can be expunged under Texas Chapter 55. A convicted DWI cannot. We evaluate expungement eligibility on every case we close and handle the entire filing — petition, service, and order — so the arrest does not follow you indefinitely on background checks.

Texas DWI law Penal Code 49.04 first offense penalties — Hays County criminal defense

Texas DWI Law — What Penal Code §49.04 Actually Says

Texas Penal Code §49.04 defines DWI as operating a motor vehicle in a public place while intoxicated. Intoxicated means either (a) a BAC of 0.08 or above, or (b) not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or any combination. You do not need a BAC result to be convicted of DWI in Texas — the impairment standard alone is sufficient. That’s an important point: we challenge both the BAC evidence and the officer’s impairment observations independently.

A first DWI with a BAC below 0.15 is a Class B misdemeanor. If the BAC was 0.15 or above, the charge becomes a Class A misdemeanor — a different statute with significantly harsher penalties and a mandatory ignition interlock requirement. If a passenger under 15 was in the vehicle, the charge is a state jail felony regardless of BAC. The table below shows how each scenario breaks down under Texas law.

The one thing that distinguishes DWI from virtually every other misdemeanor in Texas is the absence of deferred adjudication. The legislature closed that door deliberately. There is no probation-without-adjudication option. Every DWI that results in a conviction is a permanent conviction — which is exactly why we push for dismissal at every stage of the case, and why we take first-offense cases to trial when the evidence supports it.

Charge Class Penalties & Consequences
1st DWI (BAC < 0.15)Penal Code §49.04 — any age, any driver Class B Misd. 72 hrs–180 days jail • Up to $2,000 fine • 90-day–1-year suspension • DWI education required • No deferred adjudication
1st DWI (BAC ≥ 0.15)Penal Code §49.04(d) — enhanced Class A Misd. Up to 1 year jail • Up to $4,000 fine • Mandatory ignition interlock • 90-day–1-year suspension • No deferred adjudication
DWI with Child Passenger (< 15)Penal Code §49.045 State Jail Felony 180 days–2 years state jail • Up to $10,000 fine • License suspension • Automatic CPS referral
Probation Conditions (typical)First offense, no prior criminal history If Convicted DWI education class • Community service • Possible ignition interlock • Reporting probation • No expungement available
ALR Suspension (license)Separate from criminal case — Texas DPS Administrative Specimen provided: 90 days • Specimen refused: 180 days • Must request hearing within 15 days of arrest

Why the Credentials Matter on a First-Time DWI

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. What matters on a first-time DWI is an attorney with deep trial experience in the actual courts where the case will be heard.

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense side. She knows how DA Kelly Higgins’s office approaches first-offense cases, what the prosecution considers a strong case versus a weak one, and where the evidence tends to fall apart on these specific charge types. 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. We carry a 5.0 rating across 363 Google reviews from clients across Central Texas. Over 930 dismissals or rejected cases since 2021, including first-offense DWI cases in Hays County courts.

◆ Trial-Tested Criminal Defense

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

◆ Former State Prosecutor

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor. She knows how this office evaluates first-offense cases.

◆ Tried DWI Cases to Verdict

Hays County, Travis County, Williamson County. When the evidence supports going to trial, we go to trial.

◆ Over 930 dismissals or rejected cases since 2021

Across Central Texas courts including Hays County — first-offense DWI, elevated charges, and complex BAC cases.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

First-Time DWI in Hays County — Your Questions Answered

The questions we hear most from clients after a first DWI arrest in San Marcos and Hays County — answered with specific Texas law citations and local court details.

A first DWI in Texas under Penal Code §49.04 is a Class B misdemeanor. The criminal penalties are up to 180 days in Hays County jail and up to a $2,000 fine. Separately, the Texas DPS begins the Administrative License Revocation process the moment of your arrest — you have 15 days to request an ALR hearing or face an automatic 90-day suspension. In Hays County, your case will be assigned to the Courts at Law at 712 S. Stagecoach Trail, and DA Kelly Higgins’s office handles prosecution. The most important thing to understand about a first DWI is that deferred adjudication is not available — a conviction is permanent and cannot be expunged. Call 737-937-5786 immediately. The earlier we get involved, the more options we have.

Jail time on a first DWI conviction in Texas is possible but not automatic for most first-time offenders without prior criminal history. The statute requires a minimum of 72 hours in jail on a conviction, but many first-offense DWI convictions resolve with probation rather than active jail time. If your BAC was 0.15 or above, you are looking at a Class A misdemeanor with up to one year in jail — a materially more serious exposure. The only way to avoid both the jail time and the permanent record is to get the case dismissed. That starts with challenging the evidence — the stop, the field sobriety tests, and the BAC result. Call us at 737-937-5786.

Yes — and it happens more often than most people expect when the defense is built correctly. DWI cases rest on three pillars: the legality of the stop, the reliability of the field sobriety tests, and the accuracy of the BAC evidence. Any one of those pillars can be challenged. If the stop lacked legal justification under the Fourth Amendment, a suppression motion under Texas Code of Criminal Procedure Chapter 38 can knock out the entire case. We have achieved Over 930 dismissals or rejected cases since 2021 across Central Texas courts, including first-offense DWI cases in Hays County. The key is getting an attorney involved immediately — before the evidence is locked in and before the ALR deadline passes. Call 737-937-5786 the day of the arrest.

No. Deferred adjudication is explicitly unavailable for DWI in Texas — the Code of Criminal Procedure prohibits it for all DWI charges under Penal Code §49.04 through §49.08. This is the single most important fact about Texas DWI law that most people do not know when they are arrested. Unlike virtually every other misdemeanor, there is no mechanism to complete probation and have the conviction set aside. A guilty plea or a conviction at trial is permanent. This is why we fight every first-offense DWI as hard as any felony — because the only way to protect your record is dismissal.

A DWI conviction in Texas stays on your criminal record permanently. There is no expiration date, no automatic sealing, and no expungement available for a conviction. Background check companies, employers, landlords, and licensing boards will see it indefinitely. The only time a DWI record can be cleared is if the charge was dismissed — in which case, expungement under Texas Chapter 55 is available. Once a court issues an expunction order, every agency — courts, DPS, law enforcement, private background check companies — must destroy the record. This is why we evaluate expungement eligibility on every case we close and handle the entire filing when the client is eligible.

The Administrative License Revocation process is completely separate from the criminal DWI case. When you are arrested for DWI in Texas, the DPS automatically starts the process to suspend your license — regardless of what happens in the criminal court. You have exactly 15 days from the date of arrest to request an ALR hearing. If you miss that deadline, the suspension is automatic: 90 days for a first offense if you provided a breath or blood specimen, 180 days if you refused. We file the ALR hearing request the day you retain us, without exception. Beyond the license, the ALR hearing creates a critical discovery advantage — it places the arresting officer under oath before the criminal case, locking in testimony that we can use in the criminal proceeding.

The statutory fine for a first DWI conviction is up to $2,000 — but that number significantly understates the true cost. Court costs typically add several hundred dollars. Mandatory DWI education programs cost money and take time. An ignition interlock device, if required, runs several hundred dollars per year in installation and monitoring fees. SR-22 auto insurance filing requirements cause premiums to spike dramatically for years after a conviction. CDL holders lose their commercial license for one year, regardless of whether the arrest was in a personal vehicle. Professional licensing boards in nursing, teaching, real estate, and commercial driving require disclosure. The real out-of-pocket cost of a first DWI conviction in Texas routinely exceeds $10,000 when all of these factors are accounted for — before counting career impact.

First: do not make statements to law enforcement beyond providing your identifying information. Invoke the right to counsel clearly and immediately — “I want a lawyer” said plainly ends the interrogation. Then call us at 737-937-5786. The 15-day ALR deadline starts the moment of arrest — not when you are released, not when you hire an attorney. The earlier we get involved, the more options exist: we may be able to challenge the stop before charges are formally filed, preserve dashcam and bodycam footage, and build the defense while the evidence is fresh. A DWI arrest at any age can have consequences that follow you for decades. Treat it accordingly.

Refusing a breath or blood test in Texas has consequences on both tracks. On the ALR track, refusal triggers a 180-day automatic license suspension (compared to 90 days for a first-offense specimen failure) if you do not request an ALR hearing within 15 days. On the criminal track, the prosecution can tell the jury about the refusal — and they will. However, refusal also means there is no BAC number for the prosecution to put before the jury. The case then depends on the officer’s impairment observations, the field sobriety test results, and the dashcam footage. Whether refusal helps or hurts depends heavily on the specific facts. Call 737-937-5786 and we will give you a straight assessment of your situation.

Yes — and the consequences are more severe than most CDL holders or licensed professionals realize. A DWI conviction in a personal vehicle disqualifies a CDL holder from operating a commercial motor vehicle for one year under federal regulation. A second DWI conviction results in lifetime CDL disqualification. For professionals in healthcare, law, education, and other licensed fields, a DWI conviction typically requires disclosure to the licensing board and can result in disciplinary proceedings, suspension, or denial of renewal. Military personnel face potential security clearance issues and administrative separation proceedings. The career consequences of a first DWI conviction can dwarf the criminal penalties — which is exactly why we treat every first-offense case as high stakes.

DWI Defense Resources — San Marcos & Hays County

Related pages covering every aspect of DWI defense in San Marcos and Hays County.

San Marcos DWI Lawyer

Full DWI defense hub for Hays County — all charge types, courts, ALR process, and defense strategies.

DUI Defense Lawyer

Underage DUI defense in Hays County — zero-tolerance law, how DUI escalates to DWI, and the ALR process.

BAC & Breath Test Challenges

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

Texas DWI Laws

Full breakdown of the DWI statute, charge levels, and how Texas law applies in Hays County courts.

IH-35 Corridor DWI

Enforcement patterns on IH-35 through Kyle, San Marcos, and Buda — and the defense angles that matter most.

Expungement San Marcos

How to clear a dismissed DWI arrest from your record — Texas Chapter 55 expungement process.

Hays County Courts Guide

Full guide to the Hays County Courts at Law, Municipal Courts, and what to expect at each stage.

Hays County DWI FAQ

Answers to the most common questions after a DWI arrest in San Marcos and Hays County.

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.”

SH
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.”

First DWI in San Marcos or Hays County? Call Us Today.

The 15-day ALR deadline runs from the moment of arrest. DA Kelly Higgins’s office starts building its file immediately. There is no deferred adjudication for DWI in Texas — the only outcome that protects your record is dismissal. Call our San Marcos DWI defense team at 737-937-5786 — 24 hours a day, 7 days a week.

Free Consultation 737-937-5786

For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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