DWI Attorney in New Braunfels

Why Choose Our DWI Lawyers in New Braunfels?

If you’re facing a DWI charge in New Braunfels, navigating the legal process can be daunting. At The Locke Law Group, we are here to provide you with the comprehensive defense you need. Our team leverages over 50 years of combined legal experience and intimate knowledge of Texas DWI laws to build a robust defense strategy tailored to your case.

New Braunfels presents unique challenges when it comes to DWI cases. Our understanding of the local court systems and procedures sets us apart, ensuring that you know what to expect every step of the way. We believe in a personalized approach, providing each client with the attention and respect they deserve.

Protect your future and your license. Our experienced DWI attorney in New Braunfels is ready to defend you. Call (210) 361-3113 now or reach out online for a confidential consultation.

Understanding DWI Laws in Texas

Texas Penal Code § 49.04 defines Driving While Intoxicated. You can be charged with DWI if you operate a motor vehicle in a public place while intoxicated. "Intoxicated" is defined in two ways:

• Having a Blood Alcohol Concentration (BAC) of 0.08% or more.
• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. This means you can be charged with DWI even if your BAC is below 0.08% if law enforcement can prove you were impaired.

For drivers under the age of 21, Texas has a "Zero Tolerance" policy (Texas Alcoholic Beverage Code § 106.041). This means it is illegal for a minor to operate a motor vehicle in a public place with any detectable amount of alcohol in their system.

Other Related Offenses and Enhancements:

• DWI with Child Passenger (Texas Penal Code § 49.045): If you are arrested for DWI with a child under 15 years old in the vehicle, the charge immediately escalates to a State Jail Felony, even if it's your first offense. This carries a potential punishment of 180 days to 2 years in a state jail and a fine up to $10,000.
• Intoxication Assault (Texas Penal Code § 49.07): If your impaired driving causes serious bodily injury to another person, it is a Third-Degree Felony. This carries a potential prison sentence of 2 to 10 years and a fine up to $10,000.
• Intoxication Manslaughter (Texas Penal Code § 49.08): If your impaired driving causes the death of another person, it is a Second-Degree Felony. This carries a potential prison sentence of 2 to 20 years and a fine up to $10,000.
• Open Container (Texas Penal Code § 49.031): While not a DWI itself, possessing an open alcoholic beverage container in the passenger area of a vehicle on a public highway is a Class C misdemeanor, which can add to the penalties of a DWI. If an open container is present during a first-offense DWI, the mandatory minimum jail time is increased from 72 hours to 6 days.
• BAC of 0.15% or More: If your BAC is 0.15% or more, even for a first offense, the charge is automatically elevated from a Class B Misdemeanor to a Class A Misdemeanor, leading to harsher potential penalties, including up to one year in jail.

Understanding these distinctions and potential enhancements is where a dedicated DWI attorney in New Braunfels proves invaluable.

Penalties for DWI Convictions in Texas

The penalties for a DWI conviction in Texas are severe and escalate significantly with each subsequent offense. Unlike many states, Texas does not have a "look-back period" for DWI convictions; a prior DWI conviction stays on your record permanently and can always be used to enhance subsequent charges, regardless of how much time has passed. This "lifetime look-back" makes fighting every DWI charge aggressively critical. A New Braunfels DWI lawyer from our firm understands the profound long-term ramifications of a conviction.

First Offense (Class B Misdemeanor):

• Jail Time: Minimum of 72 hours up to 180 days in county jail. (Mandatory 6 days if open container present.)
• Fines: Up to $2,000.
• License Suspension: 90 days to 1 year.
• Annual Surcharge: $1,000 or $2,000 for three years (totaling $3,000 or $6,000) to retain your license, imposed by the Texas Department of Public Safety (DPS) after any suspension period.
• DWI Education Program: Mandatory 12-hour program. This program covers topics such as Texas DWI laws, the effects of alcohol/drugs on driving, chemical dependency, and decision-making skills. Failure to complete this program within 180 days of probation being granted can lead to license suspension.
• Ignition Interlock Device (IID): Possible installation as a condition of bond or probation, or if granted an Occupational Driver's License.
• Probation: Up to two years, with conditions such as community service, attendance at Victim Impact Panels (VIP), and drug/alcohol assessments.

Second Offense (Class A Misdemeanor):

• Jail Time: 30 days to 1 year in county jail.
• Fines: Up to $4,000.
• License Suspension: 180 days to 2 years.
• Annual Surcharge: $1,500 or $2,000 for three years.
• DWI Intervention Program: Mandatory 32-hour program for repeat offenders. This program focuses on identifying alcohol abuse, treatment options, and relapse prevention.
• Ignition Interlock Device (IID): Often mandatory as a condition of bond or probation, or if applying for an Occupational Driver's License.

Third or Subsequent Offense (Third-Degree Felony):

• Prison Time: 2 to 10 years in state prison.
• Fines: Up to $10,000.
• License Suspension: 180 days to 2 years.
• Annual Surcharge: $2,000 for three years.
• DWI Intervention Program: Mandatory 32-hour program.
• Ignition Interlock Device (IID): Often mandatory as a condition of bond or probation.
• Probation: Possible, but with stringent conditions, including potential long-term monitoring.

The escalating nature and permanence of these penalties demand immediate and sophisticated legal intervention. A DWI attorney in New Braunfels from The Locke Law Group works tirelessly to mitigate these severe consequences.

Administrative License Revocation (ALR) Process

Separate from your criminal DWI case, the Texas Department of Public Safety (DPS) will initiate an administrative action to suspend your driver's license. This process is triggered by your DWI arrest and is independent of any criminal court conviction.

Texas has an implied consent law. By driving on Texas roads, you are deemed to have given your consent to provide a breath or blood specimen if lawfully arrested for DWI. Upon a DWI arrest, the officer will confiscate your physical license and issue a temporary driving permit. You will receive a "Notice of Suspension" or "Notice of ALR Hearing" (Form DIC-25).

You have only 15 calendar days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge the automatic suspension of your license. If you fail to request this hearing within the deadline, your license will automatically be suspended on the 40th day after your arrest.

Our Client-Centered DWI Defense Strategy

Every DWI case is unique, and at The Locke Law Group, we customize our defense strategies to align with the specific circumstances of each client. Our goal is to challenge the evidence against you, such as the legitimacy of the traffic stop or the accuracy of breathalyzer tests. By thoroughly analyzing every aspect of your case, we aim to reduce or dismiss the charges wherever possible.

Communication is at the heart of our practice. We are available around the clock to address any concerns you might have, ensuring you are never left in the dark about your case’s progression. Being bilingual, we accommodate both English and Spanish-speaking clients, enhancing our ability to serve the diverse community of New Braunfels effectively.

We engage in continuous education to stay ahead of emerging trends and technological advancements in DWI enforcement. This attention to evolving tools, such as new breathalyzer technologies or updated roadside protocols, ensures we provide a defense backed by the latest insights and strategies.

Navigating the New Braunfels Court System

In New Braunfels, DWI cases are heard at the Comal County Courthouse, where our legal team is well-acquainted with the proceedings and local judges. This familiarity allows us to better anticipate and counter the prosecution’s strategies, offering a significant advantage to our clients.

Additionally, our firm’s proactive approach means we not only react to developments in cases but also prepare in advance for various contingencies. This readiness stems from our extensive experience in handling DWI cases throughout Texas, reinforced by Shannon Locke’s Board Certification in Criminal Law.

We conduct mock trials and work with local legal advisors to refine our courtroom strategies. Such detailed preparation supports a defense that is adaptable and robust, ensuring that we are prepared for any direction a case may take. Our priority is to shield clients from the full brunt of legal penalties by focusing on negotiation and potential plea reductions early in the process.

Take Action Today for Your DWI Defense

Our compassionate and experienced team is here to help relieve your stress and clarify your options, offering personalized legal strategies that aim to protect your rights and future.

We prioritize clear and open communication, ensuring you feel supported and informed at every stage of the process. Let us put our legal acumen and dedication to work for you, enabling the best possible defense against your DWI charges.

If you’re facing a DWI charge in New Braunfels, don’t wait to take action. Contact The Locke Law Group at (210) 361-3113 for a consultation. 

Frequently Asked Questions About DWI Charges in New Braunfels

What Are My Rights If I’m Arrested for a DWI in New Braunfels?

If you're arrested for DWI in New Braunfels, you have the right to remain silent and the right to an attorney. It’s essential to exercise these rights and avoid making statements that could be used against you in court. You also have the right to refuse field sobriety or breath tests, but doing so can result in automatic license suspension under Texas’s implied consent law. At The Locke Law Group, we help clients navigate these critical moments and take immediate action to contest any administrative license revocation (ALR).

How Can a DWI Conviction Affect My Future?

A DWI conviction can significantly impact your job prospects, insurance rates, and personal relationships. Background checks may reveal the conviction, and your driving record could be affected long-term. Our firm works diligently to reduce these consequences by pursuing charge reductions, exploring diversion programs, and minimizing the public visibility of your case. When appropriate, we help clients access counseling or rehabilitation resources to support both their legal defense and personal growth.

What Should I Do Immediately After a DWI Stop?

During a DWI stop, stay calm and respectful. Don’t admit guilt or provide more information than required. While you can refuse testing, know that this may lead to license suspension. Contact a DWI attorney right away to ensure your rights are protected from the start. We also recommend writing down details of the stop—such as time, location, and officer behavior—while fresh in your memory. These facts could be important for your defense.

Can I Challenge Breathalyzer and Field Sobriety Tests?

Yes, both breathalyzer and field sobriety tests can be challenged. Results may be flawed due to improper administration, machine calibration errors, or individual medical conditions. At The Locke Law Group, we investigate the accuracy of testing procedures, the training of the officer, and environmental conditions to identify any weaknesses in the prosecution’s evidence.

What Sets Your Firm Apart in Handling DWI Cases?

Our firm stands out for its local knowledge of New Braunfels courts, law enforcement procedures, and the DWI legal system. We combine aggressive legal strategies with compassionate client service, offering bilingual support and a client-centered approach. Beyond legal defense, we assist with license reinstatement, court-mandated programs, and navigating the broader impact of a DWI charge on your life.

Can I Still Drive After a DWI Arrest?

Possibly. You may qualify for an occupational license to drive to work, school, or essential appointments. However, you must act quickly—Texas law gives you a limited window to request an ALR hearing. We help file the necessary paperwork and advocate for your continued driving privileges while your case is pending.

Will a DWI Stay on My Record Forever?

A DWI conviction typically remains on your record, but some first-time offenders may be eligible for record sealing (non-disclosure) under specific circumstances. Our attorneys evaluate your eligibility and guide you through the process, aiming to protect your long-term reputation.

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