Hays County DWI Lawyer

Hays County has grown rapidly — San Marcos, Kyle, and Buda have seen some of the fastest population growth in Texas — and the local DA's office has kept pace with increased DWI prosecution. The Hays County District Attorney's office in San Marcos prosecutes DWI cases with increasing resources and a consistent emphasis on blood-draw warrants, particularly on no-refusal weekends.

Texas Defense Team represents clients charged with DWI in Hays County courts. We know which prosecutors handle DWI dockets, how local judges view certain defenses, and where the state's cases often have weaknesses — including chain-of-custody issues with blood draws and calibration records for the Intoxilyzer 9000.

Hays County DWI cases are heard in County Courts at Law (misdemeanor) in San Marcos. If you are charged with a felony DWI — third or more offense, or a DWI causing serious bodily injury — your case goes to the District Courts, also located at the Hays County Government Center in San Marcos.

After a DWI arrest anywhere in Texas — including Hays County — DPS must receive your written request by the 15th day after you receive notice of suspension (Tex. Transp. Code §524.031) for an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. If you miss this deadline, your driver's license is automatically suspended:

• First offense: 90-day suspension
• One year if your driving record shows an alcohol-related or drug-related enforcement contact in the 10 years before the arrest
• Refusal to provide a breath or blood sample: 180 days (2 years with a prior alcohol-related or drug-related enforcement contact in 10 years) under Tex. Transp. Code §724.035

The ALR hearing is a civil proceeding entirely separate from your criminal DWI case. But it is far more than a license fight. It is your attorney's earliest opportunity to:

1. Subpoena the arresting officer and put them under oath
2. Challenge the lawfulness of the traffic stop
3. Identify problems with the breath or blood test administration
4. Lock in testimony before the criminal case proceeds

In Hays County, where the courts are increasingly active, securing this testimony early can be decisive. Missing the 15-day window closes that door permanently.

Hays County courts are centered at the Hays County Government Center, 712 S. Stagecoach Trail, San Marcos, Texas 78666. Misdemeanor DWI cases are heard in County Court at Law. Felony DWI cases are heard in the District Courts at the same location.

Cities in Hays County each have their own municipal courts for traffic and Class C matters, but DWI charges (Class B or higher) go to county court. Cities with significant arrest activity include:

San Marcos: Located along I-35 and home to Texas State University, San Marcos sees substantial DWI arrests particularly on weekend evenings. The county seat courts handle all criminal DWI cases from San Marcos.

Kyle: Growing rapidly with I-35 corridor traffic. Kyle PD and the Hays County Sheriff's Office make DWI arrests here.

Buda: DWI arrests along FM 967 and main arterials feed into the same county court system in San Marcos.

For a guide focused on an arrest in San Marcos, see our San Marcos DWI page. For a second DWI, see our second-offense DWI guide.

A first-offense DWI in Texas is a Class B misdemeanor under Tex. Penal Code §49.04, carrying:

• 72 hours to 180 days in county jail (mandatory 72-hour minimum)
• Up to $2,000 in fines (not counting court costs)
• Driver's license suspension of 90 days to 1 year

If your BAC was 0.15 or higher at the time of testing, the charge is elevated to a Class A misdemeanor under §49.04(d): up to 1 year in jail and a $4,000 fine.

A DWI with a passenger under 15 in the vehicle is a state jail felony under §49.045 — 180 days to 2 years in state jail and up to a $10,000 fine, regardless of whether it is a first offense.

Beyond the criminal penalties: a DWI conviction in Texas is a permanent record. It cannot be expunged if you are convicted. It affects employment, professional licenses, military eligibility, and security clearances. Fighting the charge — even if the evidence seems strong — is worth the effort.

The real DWI costs in Texas extend well beyond the fine: towing, bail, interlock device installation, attorney fees, and insurance changes add up. No single total applies to every case.

How long a DWI case takes in Hays County varies with the court docket, how quickly discovery and lab results arrive, and whether the case goes to trial. Blood-draw cases can take longer than breath-test cases while lab results are pending. Your attorney may use that time to investigate the case, file motions, and prepare a defense. Results vary.

A DWI charge is not a conviction. The state must prove every element beyond a reasonable doubt. Texas Defense Team reviews every case for these common vulnerabilities:

Unlawful traffic stop: The Fourth Amendment and Tex. Code Crim. Proc. Art. 38.23 require that a stop be based on reasonable suspicion of a specific violation. If the officer lacked concrete, articulable facts — not a hunch — any evidence gathered from the stop may be suppressed.

Field sobriety test administration errors: The Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg-Stand tests must be administered under NHTSA-approved conditions and protocols. Uneven pavement, improper lighting, inadequate instructions, or medical conditions affecting balance or eye tracking can all undermine test validity.

Breath test machine issues: The Intoxilyzer 9000 — the instrument used in Texas — requires regular calibration and maintenance under strict DPS protocols. The machine's error margins, the presence of mouth alcohol, and the operator's certification are all challengeable.

Blood draw chain of custody: A blood draw ordered by warrant or consent in Hays County must be performed by a qualified person, stored under proper conditions, and analyzed by an accredited laboratory. Any gap in the chain of custody creates reasonable doubt about the integrity of the result.

No-refusal weekend warrants: Hays County participates in no-refusal programs on holiday weekends. Even blood draws obtained under warrant can be challenged if the warrant affidavit lacked probable cause or if the draw was performed incorrectly.

Texas Defense Team charges flat fees for DWI defense — and the ALR hearing and trial fee are included in every case:

• 1st DWI: $5,000 ($500/month × 10 payments)
• 2nd DWI: $7,000 ($700/month × 10 payments)
• Felony DWI (3rd offense, or DWI with serious bodily injury): $10,000 ($1,000/month × 10 payments)
• DWI with child passenger (state jail felony): $10,000

ALR hearing + trial fee INCLUDED — no separate charge for the ALR hearing or for going to trial.

Payment plan available: 10 monthly payments. First payment due at hiring. Auto-pay required.

Discounts available for cases involving multiple charges.

Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls.

View the complete TDT fee schedule →