SAN ANTONIO DWI ATTORNEY
Protect Your Rights Against Drunk Driving Charges in Texas
Fighting a DWI charge in San Antonio may not be as difficult as many believe—as long as you have the right attorney by your side. Many people assume that if they were drinking, they have no way to avoid a DWI conviction. Others incriminate themselves immediately by answering all of a police officer’s questions and submitting to field sobriety tests.
Most people do not realize that every officer has one goal during a DWI stop: gather evidence to justify a decision to make an arrest and support a conviction. Regardless of how friendly an officer may seem, always remember your right to remain silent and your right to reach out to a criminal defense attorney.
If you have already been charged with DWI, you still have many options available. Contact our DWI defense attorneys at The Locke Law Group. by calling (210) 361-3113 or filling out this online form.
What Constitutes a DWI Under Texas Law
Under Texas Penal Code § 49.04, a person commits the offense of DWI if they are intoxicated while operating a motor vehicle in a public place. Our firm focuses on challenging the core elements of this definition.
Texas law provides two ways the State can prove intoxication, only one of which requires scientific testing:
- Per Se Intoxication: This means having an Alcohol Concentration (AC) of 0.08 or more. AC is typically measured by blood, breath, or urine testing. If the reading is 0.08% or higher, you are legally considered intoxicated.
- Impaired Faculties: This occurs when a person has lost the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, or any combination of these. This is often the basis for a DWI arrest even when a BAC test has not been performed or is below the 0.08% limit. The evidence here relies heavily on subjective police observations and Field Sobriety Tests (FSTs).
The Two-Front Battle: Criminal Charges vs. Administrative License Revocation (ALR)
The Criminal Case
After a DWI arrest in San Antonio, you will face several legal steps that determine how your case proceeds. Each stage requires careful attention to detail, and local rules in Bexar County can directly influence the outcome.
Knowing what to expect helps you make informed decisions and protect your rights.
- Initial stop may include field sobriety tests and breath or blood samples
- Arrest and booking with a scheduled arraignment date in Bexar County
- Arraignment where the judge reads charges, explains rights, and sets bond conditions
- Possible bond requirements such as ignition interlock devices or travel restrictions
- Pre-trial hearings to review evidence, challenge reports, and file motions
- County-specific procedures for evidence, including access to bodycam and chemical test data
- Administrative License Revocation (ALR) hearings to address driver’s license issues
- Scheduling variations due to Bexar County’s busy court system
The ALR Hearing
An ALR hearing is separate from your criminal DWI case but can drastically affect your ability to drive in Texas. Acting quickly is critical, as strict deadlines and procedures control the outcome.
Understanding each stage helps you protect your driving privileges.
- Arresting officer issues written notice of immediate license suspension
- You have 15 days to request an ALR hearing with the Texas Department of Public Safety
- Missing the deadline allows the state to automatically suspend your license
- Administrative law judge reviews whether the officer had reasonable suspicion and followed proper procedures
- Attorneys can cross-examine the officer and challenge the evidence presented
- Judge considers only license-related issues, separate from criminal penalties
- Hearings in Bexar County usually occur in local state office facilities
- License suspension ranges from 90 days to 2 years if you lose or fail to request a hearing
- Prior record and refusal to provide a specimen can increase penalties
- Timely legal guidance can help you meet deadlines and improve your chances of keeping your license
Potential Penalties for a First Offense DWI in San Antonio
In Texas, a first-offense DWI in San Antonio counts as a Class B misdemeanor. This level of offense brings serious consequences that can linger long after an arrest. Penalties may include:
- Jail time: Up to 180 days in jail, though probation is often granted instead of incarceration.
- Fines: A significant fine up to $2,000, which can strain your finances.
- Driver's license suspension: A suspension of your driving privileges from 90 days to one year, which may disrupt your commute and work routine.
- DWI education and rehabilitation: Mandatory participation in DWI education or rehabilitation programs to address issues tied to the offense.
These penalties serve as a stern reminder of how seriously Texas treats driving under the influence. A DWI conviction may have long-term impacts, affecting job opportunities, insurance rates, and your ability to travel internationally.
If you face a first DWI charge in San Antonio, reach out to a lawyer quickly. An experienced DWI attorney can help you understand Texas law, review your options, and protect your rights. A first DWI does not have to define your future. With the right support, you can address this challenge and move forward.
License Suspension
If convicted of DWI, you will likely face a driver’s license suspension. The suspension length depends on the circumstances of your arrest and any previous convictions.
Ignition Interlock Device (IID)
The Texas Department of Transportation (TxDOT) may order you to install an ignition interlock device (IID) in your vehicle. The IID is a breathalyzer device that prevents your vehicle from starting if your blood alcohol concentration (BAC) is over a certain level. If required, you must pay for the one-time installation fee, monthly monitoring fee, and ongoing servicing. If the court requires the IID, you may qualify for a reduced license suspension period.
DWI Education Program
Along with other penalties, you may need to complete a DWI/DUI education program. These programs usually involve a fee, and you may have to take an assessment test before enrolling in the course.
Aggravating Factors
Aggravating circumstances—such as having a child passenger, extremely high blood alcohol concentration, or causing an accident—may lead to felony charges or additional penalties. These cases often trigger more rigorous pretrial supervision and stricter bond conditions.
Proven DWI Defense Tactics in San Antonio
Depending on the circumstances of your charge, your attorney may use several DWI defenses in your criminal case.
Some common strategies include:
- The breath, blood, or urine test was conducted improperly or using an uncalibrated machine: Defense attorneys know that breath, blood, or urine test results, often relied on as evidence, may be inaccurate. Police and prosecutors may neglect to share this, but a skilled lawyer will question these results first.
- Evidence was obtained during an illegal search and seizure: If officers collected evidence during an illegal search and seizure, an attorney can ask the court to dismiss this evidence before trial. If successful, the prosecution’s case may weaken considerably and your case could be dismissed.
- The officer had no probable cause for the traffic stop that led to the DWI arrest: Police cannot stop vehicles at random. Reasonable suspicion must support a traffic stop, such as speeding, failing to signal a lane change, running a stop sign, or failing to maintain your lane. When there is no legitimate traffic infraction, an officer cannot justify the initial stop, which may affect all evidence gathered afterward.
Some DWI defense tactics also involve careful analysis of video footage from in-car or body-worn cameras that many San Antonio officers use. Reviewing the officer’s report and available footage can uncover inconsistencies in their account or missteps in procedure.
An attorney may raise issues related to medical conditions, improper administration of field sobriety tests, or even environmental factors, such as road construction or poor weather, which can affect test results. When challenging breathalyzer results, defense lawyers often investigate whether the device received regular maintenance and calibration, as required under Texas law.
Contact Us for a Free DWI Case Evaluation in San Antonio
A DWI/DUI charge carries serious consequences that can threaten your career, freedom, and your family’s well-being. Don't assume guilt. Let our firm fight for a dismissal, reduction, or acquittal. Secure a strategic San Antonio DWI defense lawyer immediately
Call us at (210) 361-3113 or reach out online today for legal guidance tailored to your specific situation.
