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San Marcos DWI Lawyer

Arrested for DWI on IH-35, in San Marcos, Kyle, Buda, or elsewhere in Hays County? Texas provides a short deadline to request an Administrative License Revocation hearing after certain DWI arrests. The Hull Firm represents clients in both the criminal case and the separate driver's license process. Former prosecutor Allison Tisdale is part of the defense team. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Call 737-937-5786 for a free, confidential case review.

Free Consultation 737-937-5786 (24/7)
✓ 960+ Dismissals or Rejected Cases Since 2021 ✓ Former Prosecutor on Staff ✓ Hays County DWI Defense ✓ Available 24/7
Litigator of the Year 2023, Mark Hull Mark Hull
Expertise.com Best DUI Lawyers Austin 2021 award, Mark Hull Mark Hull*
National Trial Lawyers Top 100, Mark Hull Mark Hull, 2022
American Academy Top 40 Under 40 2022, Allison Tisdale Allison Tisdale, 2022
Lawyers of Distinction, Mark Hull Mark Hull
Criminal Defense Top 10 Attorney 2020, Mark Hull Mark 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

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

Many people arrested for DWI in Hays County do not realize that a DWI arrest can start two separate legal processes. The first is the criminal case in Hays County courts. The second is the Administrative License Revocation process, a civil proceeding handled through the Texas DPS that can suspend your license separately from the criminal case. The ALR process has its own deadline, separate from the criminal case. Texas DPS generally requires a hearing request within 15 days after the suspension notice is served. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline.

As a San Marcos DWI attorney team, we defend DWI cases in Hays County, Caldwell County, and surrounding courts. Mark Hull has practiced Texas criminal defense for over 20 years. Allison Tisdale is a former Travis County DWI prosecutor who now defends the accused. The firm's experience in Hays County provides familiarity with local court procedures, prosecuting practices, and the types of evidence commonly involved in DWI cases. That experience informs how the defense team evaluates the stop, arrest, field sobriety testing, video, and chemical-test evidence.

IH-35 through San Marcos, Kyle, and Buda is a major enforcement corridor where local police, sheriff's deputies, and Texas DPS regularly conduct traffic enforcement. Many DWI cases in this area begin with a traffic stop on IH-35, US-290, or FM-150. One of the first questions we ask is whether that stop was legally justified, because the legality of the stop can be a significant issue in evaluating the admissibility of evidence. If the stop was unlawful, evidence obtained as a result may be subject to suppression under the Fourth Amendment and Texas Code of Criminal Procedure Chapter 38.

Get a free, confidential case evaluation →

Your License and Your Criminal Case Are Two Separate Fights

A DWI arrest in Hays County can trigger two separate legal processes at the same time. Many people focus on the criminal case. The Hull Firm can represent you in both.

15-Day Deadline

Administrative License Revocation (ALR)

The ALR process is a civil proceeding handled through the Texas DPS, separate from Hays County criminal court. Texas DPS generally requires a request for an ALR hearing within 15 days after the suspension notice is served. If a timely hearing request is not made, the suspension can take effect on the date stated in the notice. The exact deadline should be confirmed from the DIC-25 notice and current DPS rules. When representation includes the ALR proceeding, The Hull Firm acts promptly to request the hearing before the applicable deadline. An ALR hearing may also provide an opportunity to obtain testimony and information relevant to the driver's license case and, in some situations, the related criminal defense.

Suspension periods can range from 90 days to 2 years depending on prior history and whether testing was refused
Criminal Case

Hays County Criminal Court

Many Hays County criminal proceedings are handled at the Hays County Government Center at 712 S. Stagecoach Trail, San Marcos. Misdemeanor DWI cases are generally heard in the Hays County Courts at Law, and felony DWI cases, including intoxication assault, intoxication manslaughter, third-offense DWI, and DWI with a child passenger, are handled in the District Courts. Criminal DWI prosecutions in Hays County are handled through the Hays County Criminal District Attorney's Office, currently led by Criminal District Attorney Kelly Higgins.

Class B Misd. → Class A Misd. → State Jail Felony → 3rd Degree Felony → 2nd Degree Felony
San Marcos DWI lawyers Mark Hull and Allison Tisdale

What We Do When You Call Our San Marcos DWI Law Firm

Acting promptly after a DWI arrest can help preserve evidence, address driver's license deadlines, and give the defense more time to evaluate the case. Video-retention periods vary by agency and system, so early preservation requests can be important when body-camera, dash-camera, surveillance, or other recordings may exist. Witnesses move on, and deadlines pass. Here is how the firm typically begins.

01
Address the ALR Deadline

When an ALR suspension applies, the firm works to submit the hearing request before the applicable deadline. The ALR proceeding is separate from the criminal case and can affect driving privileges independently.

02
Preserve evidence

Body cam, dash cam, 911 recordings, officer dispatch records, and surveillance footage from the location of the stop may be relevant. Where appropriate, the firm can send preservation requests for potentially relevant video, recordings, dispatch records, and other evidence.

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 was not justified, evidence that follows may be subject to suppression. The legality of the stop is one issue the defense evaluates because an unlawful stop or detention can affect whether evidence is admissible. See our page on first-time DWI defense in Hays County.

04
Review the evidence

Field sobriety tests have specific administration requirements. Breath testing instruments have calibration and maintenance logs. Blood draws have chain of custody and lab standards. The firm reviews these issues where they apply. See our page on BAC and breath test challenges.

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Negotiate from documented strength

Allison Tisdale is a former Travis County DWI prosecutor. The firm's Hays County experience informs how the defense team prepares legal and evidentiary issues before discussions with prosecutors. We go into negotiations with legal arguments documented, not with requests.

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Prepared for litigation

The firm prepares cases with litigation and trial issues in mind when the facts and strategy call for it. Thorough preparation can strengthen the defense team's ability to evaluate plea discussions, motions, and trial options. Mark Hull has tried DWI cases in Hays County, Travis County, and surrounding courts.

DWI defense attorney San Marcos Hays County

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

IH-35 through Hays County is a major traffic corridor where Texas DPS, the Hays County Sheriff's Office, and local police agencies regularly conduct traffic enforcement. Texas DPS Troopers, Hays County Sheriff’s deputies, Kyle Police, and Buda Police conduct traffic enforcement along this corridor. DWI arrests on and around IH-35 can involve issues such as reasonable suspicion for the stop, the scope of detention, field sobriety procedures, video evidence, and breath or blood testing.

Many IH-35 DWI cases start with a minor traffic infraction, such as speeding, an improper lane change, or a taillight violation, that escalated when the officer reported the odor of 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, the defense can evaluate a motion to suppress. If important evidence is suppressed, it can materially affect the prosecution's ability to proceed, but the effect depends on what evidence remains and the circumstances of the case.

The ALR deadline applies to IH-35 arrests the same way it applies elsewhere, and it arrives quickly. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline. For more detail on IH-35 enforcement and defense issues, see our dedicated IH-35 corridor DWI defense page.

DWI Charge Types We Defend in Hays County

Each DWI charge below involves different defense considerations, evidence requirements, and consequences. Our Hays County DWI attorneys handle these charge types in Hays County courts and across the surrounding counties.

First-Time DWI

A standard first-offense DWI is generally a Class B misdemeanor under Texas Penal Code §49.04. A BAC allegation of 0.15 or higher can increase the offense to a Class A misdemeanor. Some qualifying DWI cases may be eligible for deferred adjudication, and certain qualifying Class B DWI convictions may later be eligible for an order of nondisclosure. Eligibility depends on the facts, history, disposition, BAC allegation, license status, and current Texas law.

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 is handled in the District Courts. These cases call for experienced trial counsel.

State Jail Felony → 2nd Degree Felony

High BAC DWI (0.15+)

A BAC allegation of 0.15 or higher can increase a first DWI from a Class B to a Class A misdemeanor. Additional bond, supervision, ignition-interlock, or case-management requirements may apply depending on the court, disposition, and circumstances.

Class A Misd.: up to 1 year / $4,000

IH-35 Corridor DWI

DPS and local law enforcement conduct regular enforcement on IH-35 through Kyle, San Marcos, and Buda. IH-35 cases may present Fourth Amendment issues involving the initial stop, continued detention, questioning, searches, field sobriety testing, and collection of breath or blood evidence.

San Marcos • Kyle • Buda

DWI Refusal Cases

Refusing a breath test can trigger separate ALR consequences, but it does not necessarily make the criminal case stronger. The stop still has to be legal, and any blood warrant still has to be valid.

Refusal can create separate ALR consequences, but the criminal case still depends on the admissible evidence and the facts of the investigation.

Drug DWI (DUID)

A DWI does not require alcohol. Marijuana, prescription drugs, or controlled substances can be the basis for a charge under the same statute. These cases often rely on blood tests and officer observations rather than a breath test, and the defense considerations differ from alcohol DWI.

Drug-related DWI is prosecuted under the same Texas DWI statute, but the evidence and potential consequences depend on the charge level and circumstances.
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 the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, or a 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. The defense evaluates both theories to determine whether the facts support legal, scientific, factual, or procedural challenges. On the BAC side, the defense can review breath testing maintenance logs, blood draw chain of custody, and lab methods. On the impairment side, the defense can review the officer’s video against the standardized field sobriety test administration requirements.

Texas law allows deferred adjudication in some qualifying DWI cases, but not in every case. Statutory exclusions include certain cases involving a commercial driver's license or commercial learner's permit, a BAC of 0.15 or higher, repeat-offense enhancement, and specified intoxication offenses. Texas law also provides nondisclosure procedures for some qualifying DWI dispositions. Eligibility depends on the exact charge, disposition, history, and statutory requirements. A dismissed or acquitted DWI may qualify for expunction depending on the circumstances and statutory requirements. The firm can evaluate whether a particular disposition qualifies for expunction or another form of record relief. For more on Texas DWI law and penalties, see our Texas DWI laws page.

1st OffenseClass B Misd. • 72 hours to 180 days • Up to $2,000 fine • License suspension 90 days–1 yr
BAC ≥ 0.15Class A Misd. • Up to 1 year • Up to $4,000 fine • Ignition interlock may be required
2nd OffenseClass A Misd. • Up to 1 year • Up to $4,000 fine • 180 days–2 yr suspension
3rd+ Offense3rd Degree Felony • 2–10 years prison • Up to $10,000 fine
DeferredDeferred adjudication may be available in qualifying DWI cases. Some qualifying DWI dispositions may also be eligible for nondisclosure.

Why Hire Our San Marcos DWI Law Firm?

Mark Hull has practiced Texas criminal defense for over 20 years, including DWI cases in Hays County, Travis County, Williamson County, and surrounding courts. Allison Tisdale is a former Travis County DWI prosecutor who now defends the accused, including misdemeanor and 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. Read reviews from clients who faced DWI and criminal charges across Central Texas. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. The firm's Hays County experience includes regular work involving local court procedures, DWI evidence, constitutional issues, negotiations, motions, and trial preparation.

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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 Prosecutor

Allison Tisdale is a former Travis County DWI prosecutor who joined 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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960+ Dismissals or Rejected Cases Since 2021

Across Hays County, Travis County, Williamson County, Caldwell County, Guadalupe County, and surrounding courts. Past results do not guarantee or predict a similar outcome.

960+Dismissals or Rejected Cases Since 2021
24/7Free Consultation Line
20+Years of Texas Criminal Defense Experience

San Marcos DWI Attorney FAQ: Hays County DWI Questions

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

Texas DPS generally requires a request for an ALR hearing within 15 days after the suspension notice is served. If the request is late, DPS may deny the hearing request and the suspension can take effect as stated in the notice. The DIC-25 notice and current DPS rules should be reviewed to confirm the applicable deadline. Call 737-937-5786 soon after a DWI arrest in San Marcos, Kyle, Buda, Wimberley, or elsewhere in Hays County.

A DWI can be dismissed in some cases, but no dismissal can be guaranteed. Potential issues may involve the legality of the stop or detention, probable cause, field sobriety testing, video evidence, breath or blood testing, chain of custody, laboratory procedures, warrants, and other case-specific facts. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Past results do not predict a future outcome. Suppression of important evidence can materially affect the prosecution's case, but the ultimate result depends on what evidence remains and the procedural posture of the case. The Hays County Criminal District Attorney's Office prosecutes DWI cases based on the evidence and applicable law. The defense evaluates whether that evidence is admissible, reliable, and sufficient in the individual case. Call 737-937-5786 for a free, confidential case review.

Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102. It is not available in every case. Statutory exclusions include certain cases involving a commercial driver's license or commercial learner's permit, an alcohol concentration of 0.15 or higher, repeat-offense enhancement, and specified intoxication offenses. Eligibility should be evaluated from the actual charge and evidence. The long-term record effect depends on the disposition. Texas law provides nondisclosure procedures for some qualifying DWI cases, including certain Class B DWI convictions and some qualifying deferred-adjudication dispositions. Eligibility depends on statutory requirements, prior history, BAC, accident circumstances, waiting periods, and the final disposition. A dismissed charge may qualify for expunction.

A standard first-offense DWI is generally a Class B misdemeanor under Texas Penal Code §49.04, with a statutory minimum confinement term of 72 hours and a maximum of 180 days. A BAC allegation of 0.15 or higher can increase the offense to a Class A misdemeanor. Other consequences may include fines, court costs, probation conditions, driver's license consequences, education or treatment requirements, ignition-interlock requirements in some cases, insurance consequences, and other collateral effects. The exact outcome depends on the facts and disposition.

A DWI can become a felony in Texas in several situations: a third or subsequent offense (third-degree felony, 2 to 10 years); 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 to 20 years). Felony DWI cases in Hays County are handled in the district courts. The specific court assignment depends on the case and current Hays County docketing procedures. Felony DWI cases are prosecuted by the Hays County Criminal District Attorney's Office. If you are facing a felony DWI charge in Hays County, call 737-937-5786.

IH-35 through San Marcos, Kyle, and Buda is a major Central Texas traffic corridor where Texas DPS, the Hays County Sheriff's Office, and local police agencies regularly conduct enforcement. DWI cases arising from IH-35 stops may involve issues relating to the basis for the stop, continued detention, field sobriety procedures, officer observations, and chemical testing. Many 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 issues that may affect the strength or admissibility of the prosecution's evidence. See our dedicated page on IH-35 corridor DWI defense.

Avoid discussing the facts of the case with law enforcement, and clearly request an attorney. Write down what you remember about the stop, including what the officer said, where you were, and what happened, while it is still fresh. Review the DIC-25 notice promptly because the ALR process has a short hearing-request deadline. Then call us at 737-937-5786. The firm can represent you in both the criminal case and the license process.

A refusal can trigger separate ALR consequences under Texas law. The effect depends on the driver's age, prior ALR history, type of specimen request, notice provided, and other circumstances. A refusal does not necessarily make the criminal case stronger. The stop still has to be legally justified, and the officer's observations of driving behavior and field sobriety test performance still have to hold up. If a blood warrant was obtained after a refusal, the defense can review the warrant, the draw procedure, the lab methods, and the chain of custody. See our analysis of BAC evidence challenges in Hays County.

Many Hays County criminal proceedings are handled at the Hays County Government Center at 712 S. Stagecoach Trail in San Marcos. Misdemeanor and felony cases are assigned according to the applicable Hays County court structure and current docketing procedures. Misdemeanor DWI is generally heard in the Hays County Courts at Law, and felony DWI in the District Courts. The Hays County Criminal District Attorney's Office, currently led by Kelly Higgins, prosecutes these cases. Our attorneys appear in Hays County courts regularly. See our Hays County courts guide for more detail.

A DWI conviction generally does not qualify for expunction, but some qualifying DWI convictions may be eligible for an order of nondisclosure. Dismissed or acquitted cases may have different expunction options depending on the circumstances and statutory requirements. If a DWI was dismissed and no expunction has been filed, the arrest may still appear on background checks until a court issues an expunction order. An expunction order can require covered governmental entities to comply with Texas expunction law. The practical effect on private databases can vary. The firm can evaluate expunction eligibility after a case closes and handle the filing. See our San Marcos expungement page for more details.

DUI defense lawyer San Marcos Texas

DUI vs. DWI in Texas | What Is 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 can apply to drivers of any age with a BAC of 0.08 or above, or with loss of normal mental or physical faculties. Texas Alcoholic Beverage Code §106.041 addresses driving under the influence of alcohol by a minor. It applies to drivers under 21 and does not require the state to prove a BAC of 0.08.

A driver under 21 may face a DWI charge when the state alleges intoxication under Texas Penal Code §49.04, including a BAC of 0.08 or higher or loss of normal mental or physical faculties. A DWI generally carries more serious penalties than a DUI. A first-offense DUI is generally a Class C misdemeanor, and a first-offense DWI is generally a Class B misdemeanor. The defense considerations, court procedures, and consequences differ. If you were charged with either in Hays County, call 737-937-5786 and we can review the charge, evidence, potential consequences, and available defense options.

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. The firm appears in these courts. If you are not sure which county your case is in, call us and we can help confirm.

San Marcos DWI Defense Resources

Detailed information on key aspects of DWI defense in Hays County, from the arrest through the ALR hearing, the criminal case, and record relief.

First-Time DWI Defense

What to expect on a first offense in Hays County, when deferred adjudication may be available, and record consequences.

Texas DWI Laws

The statute, definitions of intoxication, charge levels, and how Texas DWI law is applied in Hays County courts.

BAC & Breath Test Challenges

How BAC is measured, issues that can arise with breath and blood testing, and how BAC evidence can be reviewed in Hays County courts.

DWI Conviction Consequences

License suspension, employment impact, insurance, professional licensing boards, and limited record-relief options after a conviction.

IH-35 Corridor DWI

Enforcement on IH-35 through Kyle, San Marcos, and Buda, and defense issues that can arise on corridor stops.

Hays County DWI FAQ

Common questions after a DWI arrest in San Marcos and Hays County, answered with local court details and deadlines.

DWI Expungement San Marcos

When a DWI arrest may be expunged after dismissal or acquittal, and when nondisclosure may apply.

Hays County Courts Guide

Guide to the Hays County Government Center, Courts at Law, District Courts, the Criminal District Attorney’s office, and what to expect at each stage of your case.

Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Past results do not guarantee or predict a similar outcome. Every case is different and must be evaluated on its individual facts, evidence, and applicable law.

What Our Clients Say

Read reviews from clients across Hays County, Travis County, and Central Texas who have worked with The Hull Firm.

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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.”

BS
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.”

Client reviews describe individual experiences. Past results do not guarantee or predict a similar outcome.

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

Evidence and deadlines matter early in a DWI case. Video-retention periods vary by agency, and the ALR hearing-request deadline is short. Call our San Marcos DWI law firm at 737-937-5786, 24 hours a day, 7 days a week, for a free, confidential case review.

Free Case Evaluation 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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