Gary Trichter

DWI Specialist Gary Trichter was the 1st DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”

This Board Certification comes from the National College for DUI Defense which is approved by the American Bar Association and is accredited by the Texas Board of Legal Specialization.

Gary Trichter is a true DWI Specialist certified by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association (ABA) to certify DWI Specialists.

Highest Possible Rating in Both Legal Abilities & Ethical Standards

DWI Specialist Gary Trichter is recognized as one of the most successful DWI trial and appellate lawyers in the United States and is rated “AV” by Martindale-Hubbell, one of the most respected attorney rating entities.

Gary has been listed in Best Lawyers in America by Woodward White (2008, 2010, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2023, 2024, 2025), the oldest and most respected peer-review publication in the legal profession. Gary has also been awarded the Super Lawyer title for two decades (2003-2025) by Thompson Reuters Service.

DWI Specialist Gary Trichter has earned his reputation arguing groundbreaking DWI cases and co-authoring the first four editions of the DWI textbook Texas Drunk Driving Law.

He has also published more than 50 articles on a broad range of topics from DWI, DUI, BWI, ALR to defending pilot licenses against the Federal Aviation Administration on DWI related issues.

Very few Houston, TX DWI, DUI & BWI attorneys can demonstrate comparable experience.

He has also spoken at more than 300 legal seminars in 30 states where he has taught lawyers, judges, and prosecutors about various aspects of the law—, particularly DWI.

He is licensed to practice law in Texas, Alaska, Arkansas, Colorado, Wyoming, and all Federal District courts in Texas, the United States 11th Circuit Courts of Appeals, and, the United States Supreme Court.

From an aviation experience perspective, Gary has multiple Certified Flight Instructor ratings, he is a CFI, CFII (Instrument), and MEI (Multi-Engine) and he provides FAA guidance to pilots charged with DWI, other intoxication offenses, and drivers license suspensions.

DWI Specialist Gary Trichter fights cases across the entire State of Texas.

Experience & Credentials

DWI Specialist Gary Trichter has been practicing law since 1980. He is past chairman of the DWI committees for the TCDLA and for the National Association of Criminal Defense Lawyers (NACDL)
Gary served the longest tenure on the Board of Regents for the National College for DUI Defense (NCDD) where he was Dean of the College from 2002-2003.

In 2013, NCDD awarded Gary The Erwin-Taylor Award, a National recognition for exceptional lawyers who have dedicated their lives to protecting constitutional rights of citizens and upgrading the level of professionalism for all attorneys.

Gary served as president of the Texas Criminal Defense Lawyers Association (TCDLA) from June 2011 through June 2012. He was also a Founder and Past-President of Texas DWI Lawyers.

DWI Specialist Gary Trichter was awarded the Certificate of Merit in 2021 by the State Bar of Texas and has also been selected to the Texas Super Lawyers, a Thompson Reuters service, every year from 2003-2025 and is rated 10.0 Superb by Avvo. He has been rated by AVVO since 1989 for a total of 36 years!

Gary has also been given “AV Preeminent” label which is the highest rating with Martindale-Hubbell for 36 years (since 1989).

Awards & Recognitions

• Highest Possible Rating in Both Legal Abilities & Ethical Standards. The “AV Preeminent” rating from Martindale-Hubbell awarded to Gary 35 straight years (since 1989)
• Avvo Rated: 10.0 Superb Rated for 36 Years!
• 2021 Certificate of Merit - State Bar of Texas (see below)
• National Trial Lawyers: Top 100 Trial Lawyers – 2018 by Legal Associations Management, Inc.
• President, Texas DWI Lawyers, 2014
• DUI Board Certification from NCDD/ABA and State Bar of Texas
• President, Texas Criminal Defense Lawyers Association (TCDLA)
• Super Lawyers, a Thomson Reuters service, 2003-2023
• The Erwin-Taylor Award, National College for DUI Defense, 2013
• Best Lawyers in America by Woodward White Inc., 2008, 2010, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2023 & 2024
• Lead Counsel Rating in Criminal Law – State Felony & Misdemeanor, Drunk Driving Defense, a Thomson Reuters service, 2018
• America’s Top 100 Criminal Defense Attorneys, Americas’ Top 100, LLC, 2018
• American Bar Association (ABA) National Essay Winner on Medicine and the Law (1979)
• Licensed to practice law in Texas, Alaska, Arkansas, Colorado, Wyoming, and all Federal District courts in Texas, the United States 5th & 11th Circuit Courts of Appeals, and, the United States Supreme Court.

Defending Pilots with DWI

Professional, private or commercially rated pilots charged with DWI have their livelihood on the line. Not only do they face losing their driver ‘s license, but also, they face losing their pilot’s license and career

Gary holds a Certified Flight Instructor (CFI), Certified Flight Instructor Instrument (CFII), & Multi Engine Instructor (MEI) ratings. He’s holds ratings in jet warbirds, helicopters, and floatplanes. 

Gary’s Federal Aviation Administration (FAA) knowledge, his experiences as a pilot & DWI specialist, make him a perfect choice to defend professional and general aviation pilots arrested for DWI. 

Gary is a member of the National Business Aviation Association (NBAA), Aircraft Owners and Pilots Association  (AOPA), Experimental Aircraft Association (EAA), Commemorative Air Force (CAF) & Helicopter Association International (HAI). 

With the above experience and knowledge, he knows how to defend and advise pilots their best courses of action to protect their professional and general reputations.

Education

LEGAL

• Juris Doctorate (1980) South Texas College of Law Houston, Texas
• DWI Board Certification (2015-Present) - Board Certified DWI/DUI by the NCDD–the sole entity approved by the American Bar Association to grant such a qualification (the Texas Bar Association does not have a board certification in DWI Defense but it does recognize the ABA DWI Board Certification).

LAW SCHOOL HONORS & ACTIVITIES

• Law journal and Winner, A.B.A. National Essay Competition on Medicine and the Law (1979)
• Guest speaker at A.B.A. National Convention for the Medicine and Law Committee (Dallas, 1979)
• Order of the Lytae Honor Society
• Who’s Who Among Students in American Universities and Colleges (1980)
• President, student chapter, Association of Trial Lawyers of America (1979)

PRELEGAL

• Master of Arts of Criminal Justice (1977) University of South Florida Tampa, Florida Thesis: A Putative Grand Jury Witness’ Right to Assistance of Counsel.
• Bachelor of Arts in Political Science and International Affairs (1973) Florida State University – Tallahassee, Florida

Notable Appeals

• Johnson v. State, 643 S.W.2d 427 (Tex.Ct.App. [14th-Houston] 1982) affirmed 640 S.W.2d 893 (Tex.Cr.App. 1982) en banc.
• Ex Parte Lilly, 656 S.W.2d 490 (Tex.Cr.App. 1983) en banc (relief granted).
• Epson v. State, 743 S.W.2d 311 (Tex.Ct.App. [1st-Houston] 1987) (reversed).
• Warren v. State, 744 S.W.2d 614 (Tex.Cr.App. 1988) vacated and remanded.
• McCambridge v. State, 698 S.W.2d 390 (Tex.Ct.App. [1st-Houston] 01985) affirmed in part and remanded in part, 712 S.W.2d 499 (Tex.Cr.App. 1986) (en banc), 725 S.W.2d 418. (Tex.App. [1st-Houston] 1987), pdr. granted, 778 S.W.2d 70 (Tex.Cr.App. 1989), affirmed; cert. denied, ___ U.S. ___; 110 S.Ct. 1936 (1990).
• Jamail v. State, 713 S.W.2d 776 (Tex.Ct.App. [14th-Houston] 1986), pdr. granted 787 S.W.2d 380 (Tex.Cr.App. 1990) (reversed and remanded to Court of Appeals).
• Vasquez v. Chem Ex. Inc., 709 S.W.2d 267 (Tex.Ct.App. [14th-Houston] 1985), writ of error granted, judgment of Court of Appeals is reversed in part and judgment of trial court is affirmed, 721 S.W.2d 284 (Tex.Sup.Ct. 1986). Pastor v. Champs Rest. Inc., 750 S.W.2d 335 (Tex.App. [14th-Houston] 1988), no writ. Muller v. State, 829 S.W.2d 805 (Tex.Cr.App. 1992) (reversed and dismissed).
• Erdman v. State, 861 S.W.2d 890 (Tex.Cr.App. 1993) (reversed and remanded). Love v. State, 861 S.W. 2d 899 (Tex.Cr.App. 1993) (reversed and dismissed).

Related Legal Experience

• Faculty Speaker for State Bar Organizations (general listings):
• Advanced Criminal Law Seminars (Aspen, Colorado)
• Alabama Criminal Defense Lawyers Association
• Alaska Bar Association
• American Bar Association
• Brazoria County Criminal Defense Lawyers Association
• Coastal Bend Criminal Defense Lawyers Association
• Criminal Defense Lawyers Project (Texas)
• Dallas Criminal Defense Bar Association
• Georgia Institute of Continuing Legal Education
• Harris County Criminal Defense Lawyers Association
• Houston Bar Association
• Louisiana Association of Criminal Defense Lawyers
• Lubbock Criminal Defense Lawyers Association
• Mexican American Bar Association
• Minnesota Society for Criminal Justice
• Missouri Criminal Defense Lawyers Association
• Mississippi Lawyers for Criminal Justice
• National Association of Criminal Defense Lawyers
• National College for DUI Defense (Boston, Massachusetts)
• Office of the Public Defender (Maricopa County, Arizona)
• Ohio Association of Criminal Defense Lawyers
• San Antonio Bar Association
• Smith County Bar Association NORML (Key West, Florida, and Washington, D.C.)
• State Bar of Nevada, State Bar of Nebraska
• State Bar of South Carolina
• State Bar of Texas
• Tarrant County Criminal Defense Lawyers Association
• Texas Criminal Defense Lawyers Association and Criminal Lawyers Defense Project
• Texas DWI Lawyers
• Wyoming Bar Association

Textbook Authorship

• Texas Drunk Driving Law
  • Trichter and McKinney, (Austin, Texas: West Publishers, two volumes, first through fourth editions,1983-2000)

Lead Articles

• Trichter, J. Gary & Arthur T. Hadley: What Pilots and Their DWI Lawyers Need to Know About How Aviation Medical Examiner Can Help with the FAA : (National Association of Criminal Defense Lawyers Association - May 2021)
• Trichter, J. Gary: The Defense Lawyer: Understanding the True Role of Defense Council Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association) Vol. 48 No. 2 (March 2019)
• Trichter, J. Gary: When Does a Driver Have to Submit to a Law Enforcement Officer’s Request to Take a Breath or Blood Test? What Every Driver Should Know, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association)Vol. 47, No. 8 (November 6, 2018)
• Trichter, J. Gary and McClees, Ed: DWI Audio/Video Recordings: Expediting Production Where Charges Have Not Yet Been Filed, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association) Vol. 45, No. 5 (June 2016)
• McShane, Justin J., JD, F-AIC; Lee, Josh D., JD; Roberts, Richard; Trichter, J. Gary, JD; PBTs for Drugs: Oral Fluid Collection Devices, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), April 2014.
• Trichter, J. Gary; Thinking Outside the DWI Voir Dire Box, The Champion (Journal for the National Association of Criminal Defense Lawyers), March 2010.
• Trichter, J. Gary; Thiessen, Mark; Defendant’s Motion to Protect the Fairness of Future Juries, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), November 2009.
• Trichter, J. Gary; Ten Commandments of Cross-Examination, The Defender, May/June 2009
• Trichter, J. Gary; McKinney, Troy; Citron, Joseph, M.D.; Neutralizing the Romberg, The Champion (Journal for the National Association of Criminal Defense Lawyers) Vol. 36, No. 1, June 2007.
• Trichter, J. Gary; McKinney, Troy; Citron, Joseph, M.D.; Officer Romberg vs. Dr. Romberg: A Field Sobriety Test Designed for Failure, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association) Vol. 36, No. 1, January/February 2007.
• Trichter, J. Gary; 12 Innocent Reasons NOT to Take an Intoxilyzer Breath Test!, Voice for the Defense(Journal for the Texas Criminal Defense Lawyers Association) Vol. 33, No. 4, May 2004.
• Trichter, J. Gary; The Poor Man’s P-51, Private Pilot, October 2002.
• Trichter, J. Gary; Brother’s Keeper?, The National Law Journal, August 2002.
• Trichter, J. Gary; Poor Man’s P-51, Warbirds, July 2002.
• Trichter, J. Gary; Murphy, Doug; Administrative License Revocation Hearings: A DWI Specialist’s Primer for the General Practitioner, Texas Bar Journal (Journal for the State Bar of Texas), July 2002.
• Trichter, J. Gary; Jury Summation According to the Code of the West, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), April 2002.
• Trichter, J. Gary; Engine Out, Warbirds, March 2002.
• Trichter, J. Gary; Earning Honorary Naval Aviator Wings, Warbirds, February 2002. Trichter, J. Gary; Williams, Pat; Expunging DWI Arrest Records, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), February 2001.
• Trichter, J. Gary; Williams, Pat; Texas DWI Prosecutions vs. Double Jeopardy Protection, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association) Vol. 29, No. 3, April 2000.
• Trichter, J. Gary; Samuelson, Chris; DWI Defense Witness Preparation: How to Compete With the Testimony of Experienced Police Witnesses, The Champion (Journal for the National Association of Criminal Defense License), January/February 2000.
• Trichter, J. Gary; Where There’s Smoke, AOPA Pilot, September 1999.
• Trichter, J. Gary; Samuelson, Chris; DWI Defense Witness Preparation: How to Compete With the Testimony of Experienced Police Witnesses, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), September 1999.
• Trichter, J. Gary; Samuelson, Chris; Pilots, DWI, the FAA and Legal Malpractice – How to Protect Two Licenses at the Same Time: Yours and Your Client’s, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), June 1999.
• Trichter, J. Gary; Samuelson, Chris; Pilots, Drunk Driving, Administrative License Suspensions, the FAA and Legal Malpractice, The Champion (Journal for the National Association of Criminal Defense License), June 1999.
• Trichter, J. Gary, Hard-Learned Lessons, Private Pilot, March 1999.
• Trichter, J. Gary; Trichter, Tiffany; Back to the Future in Aviation, Private Pilot, December 1997.
• Trichter, J. Gary; Samuelson, Chris; A Citizen’s Guide: Knowing the DWI Laws and Your Rights, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), July/August 1998.
• Trichter, J. Gary; Samuelson, Chris; Motion to Declare Section 724.061, Tex.Trans.Code Unconstitutional as Applied and to Suppress and Preclude State From Offering Breath Test Refusal Evidence Absent a Showing of a Proper Predicate, and, Alternatively, Request for Jury Instruction That the Defendant’s Refusal Cannot be Considered as Evidence of Guilt, The Champion (Journal for the National Association of Criminal Defense Lawyers), January/February 1997.
• Trichter, J. Gary; Challenging Improper Statutory Breath Test Warnings, Voice for the Defense(Journal for the Texas Criminal Defense Lawyers Association), October 1996.
• Trichter, J. Gary; Peña, Michael; DWI Field Sobriety Testing: A Commonsense Voir Dire and Cross-Examination to Show the Tests Are Designed to Cause Failure, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), January/February 1996
• Trichter, J. Gary; Peña, Michael; 0.10 ALR Suspensions and DWI Prosecutions, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), September 1995.
• Trichter, J. Gary; Peña, Michael; The 10 Commandments for Detoxifying the Intoxilyzer 5000, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), June 1995.
• Trichter, J. Gary; McKinney, Troy; Peña, Michael; Demonstrative Evidence in DUI Cases, The Champion (Journal for the National Association of Criminal Defense Lawyers), May 1995.
• Trichter, J. Gary; McKinney, Troy; Peña, Michael; DWI Demonstrative Evidence: Show and Tell the Easy Way, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), April 1995.
• Trichter, J. Gary; A Little Scholarship and a Little Humor – Surviving in a World With DWI, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), February 1994.
• Trichter, J. Gary; A Little Scholarship and a Little Humor – Surviving in a World With DWI, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), February 1994.
• Trichter, J. Gary; DWI: What Every Client Should Know, The State Bar Journal Vol. 56, No. 3, April 1993.
• Trichter, J. Gary; Highway Drug Couriers: A Nuts and Bolts Approach to Creative Defense Against Pretext and Profile Stops, The Champion (Journal of the National Association of Criminal Defense Lawyers), March 1993.
• Trichter, J. Gary; Drug Couriers: Pretext and Profile Highway Stops, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association) Vol. 21, No. 4, Spring 1992
• Trichter, J. Gary; Getting Back to Nuts and Bolts: Dismissals for Destruction of Exculpatory Evidence, The Champion (Journal of the National Association of Criminal Defense Lawyers), March 1992.
• Trichter, J. Gary; An Outline of Question Areas in DWI Prosecutions, The Champion (Journal of the National Association of Criminal Defense Lawyers) April 1991.
• Trichter, J. Gary; Twenty-Five Practice Gems in Cross-Examination of the Arresting Officer in DWI Prosecutions, The Champion (Journal of the National Association of Criminal Defense Lawyers), March 1991.
• Trichter, J. Gary; What Everyone Should Know About DWI, Houston Bar J., 28, The Houston Lawyer, No. 2, September/October 1990.
• Trichter, J. Gary; Representing Putative Sexual Assault Defendants Before the Grand Jury, Trial Lawyers Forum, Vol. 23, No. 2, 1989.
• Trichter, J. Gary; Putting on a Defense Before the Grand Jury: Representing the Putative Defendant in a Sexual Assault Case, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), February 1989.
• Trichter, J. Gary; The Civil Lawyer and DWI: What You Tell Your Client When He Calls From the Police Station, 50 Tex. Bar J., No. 10, November 1987.
• Trichter, J. Gary; What Every Civil Lawyer Should Know About DWI and the Late-Night Telephone Call, Houston Bar J., 24, The Houston Lawyer No. 5, March/April 1987.
• Trichter, J. Gary; Reina, Leonard, P.; A DWI Suspect’s Right to Assistance of Counsel at the Chemical Test Video Motor Skills Demonstration Request Stage – The Aftermath of Forte and McCambridge, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), October 1986.
• Trichter, J. Gary; Shelsy, Marshall; Intoxilyzer Evidence: An Examination of the Constitutional Sufficiency of Law Enforcement’s Test of Convenience, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), December 1985 (reprinted in Texas Drunk Driving Law, January 1986).
• Ackerman, John; Trichter, J. Gary; DWI: Is the “Per Se” 0.10% Solution Constitutional?, Texas Drunk Driving Law (January 1986).
• Trichter, Joseph Gary; Lewis, Peter W., Informed Consent: The Three Tests and a Modest Proposal for Reality and the Patient as an Individual, 21 S. Tex. L.J. 155 (1981), cited with approval in Peterson v. Shields, 652 S.W.2d 929 (Tex. 1983).
• Lewis, Peter W.; Trichter, Joseph Gary; The Nationalization of the Bill of Rights – A New Look at an Old Problem, 2 Washburn L.J. 195 (1981).
• Trichter, Joseph Gary; Patterson, Joseph; Police Radar, 1980: Has the Black Box Lost Its Magic?, 11 St. Mary’s L.J. 4 (1980)
• Trichter, Joseph Gary; Informed Consent: The Patient as an Individual – A Modest Proposal for a Patient Option to Canterbury v. Spence, 15 A.B.A. Forum 3 (1980).
• Trichter, Joseph Gary; Lewis, Peter W.; The Grand Jury: Putative Grand Jury Witnesses and the Right to Limited Assistance of Counsel – A Historical Overview and Modest Proposal, 20 S. Tex. L.J. 81 (1979).
• Monthly Columnist, 1985-1990 – Author of “DWI Practice Gems,” printed in Voice for the Defense(Journal of the Texas Criminal Defense Lawyers Association).