Best DWI Attorney in San Antonio, TX

Like most states, Texas is tough on drunk driving. Even if you’ve never been charged before, you could face jail time, fines, and community service upon conviction. You could even lose your driver’s license through administrative suspension before your criminal charges go to court. 

In many cases, DWI consequences extend beyond a court sentence. A license suspension and increased insurance premiums can put a strain on your family. If you get a DWI, you could lose your CDL and your job as well. Students may lose scholarships or grants if they face the college disciplinary board. 

Let Hunter, Lane & Jampala PLLC protect your rights and fight to reduce or dismiss your DWI charges. To schedule a free consultation with a San Antonio DWI defense lawyer, please call (210) 202-1076 or fill out our online contact form.

What Is a DWI in San Antonio, Texas?

Texas Penal Code 49.04 prohibits intoxicated drivers from operating vessels, motor vehicles, or water skis in public while:

• Having a blood alcohol concentration of over 0.08% for adults and 0.04% for those holding commercial driver’s licenses
• Being physically and/or mentally impaired due to consumption of alcohol, illegal drugs, prescription medication, and other controlled substances

Drivers under 21 who operate vehicles in public places after consuming any alcohol are guilty of DWI. Texas has a zero-tolerance policy towards drugs and alcohol in underage persons, so if you are 18 and have a single drink before getting behind the wheel, law enforcement can charge you with DWI. 

DWI First Offense 

If you are convicted of your first DWI offense in Texas (a Class B misdemeanor), you may be fined up to $2,000, serve between three and 180 days in jail, and lose your license for up to two years. Depending on the circumstance, an ignition interlock device may be required on your vehicle, as well as attendance in a DWI intervention or education program. Upon regaining your license, you will have to pay a DWI license surcharge of $2,000 per year for three years.

DWI Second Offense

DWI penalties increase significantly after the first offense in Texas. If you are convicted of a second DWI offense, which is a Class A misdemeanor, you may be fined up to $4,000, jailed for up to one year, and lose your license for up to two years. You may also be required to install an ignition interlock device in your vehicle, attend a DWI program and pay a DWI license surcharge.

DWI Third Offense

In Texas, a third or subsequent offense is a third-degree felony that can result in a $10,000 fine. Moreover, offenders may be sentenced to two to ten years in state prison, have their license suspended for two years, and be required to install an ignition interlock device in their vehicle and attend a DWI  program. A DWI license surcharge also applies.

Crimes Related to DWIs

Several crimes involving DWIs involve harm or the threat of harm to others. These include:

• Intoxication assault
• Intoxication manslaughter
• DWI with a child under 15 in the vehicle

Other enhanced offenses include injuring medical personnel, a firefighter, or a peace officer or causing a traumatic brain injury that leaves the victim in a permanent vegetative state. These offenses typically involve much more severe penalties.

Commercial Drivers and DWIs in San Antonio, Texas

Those holding commercial driver’s licenses (CDLs) are required to have a blood alcohol content (BAC) of less than .04 when operating commercial vehicles. This is significantly lower than the .08 BAC limit for non-commercial drivers.

CDL holders who have operated any type of vehicle under the influence of drugs or alcohol are also disqualified from driving commercial vehicles for one year. A three-year disqualification can be imposed if the driver operates a commercial vehicle transporting hazardous materials.

Underage Drivers and DWIs in Texas

In a lot of cases, minors under 17 will be charged with DUI instead of DWI. Texas law has a zero-tolerance policy for minors with detectable amounts of alcohol, so you can be charged even if your BAC is under 0.08%. A DUI is classified as a Class C misdemeanor in Texas and carries a maximum fine of $500, along with the suspension of your driver’s license and an order for you and your parent or parents to attend an alcohol awareness course.

Length of Suspension

An officer may ask you for a sample of your blood or breath during a DWI stop in order to scientifically test how much alcohol you have consumed. You have the right to refuse this request. Not providing a sample of your blood or breath will help your DWI case. However DPS still has the authority to suspend your license on the basis of your refusal.

If you refuse to give the police a sample of your blood or breath, your license could be suspended for 180 days if it is a first offense, or for two years if your license has previously been suspended for failing a blood or breath test, refusing a blood or breath test, or a conviction for DWI or any other intoxication offense during the last 10 years.

If you consent to providing a sample of your blood or breath, you will most likely be taken to the police station where a nurse or medical professional will draw you blood or you will be asked to blow into a breathalyzer machine.

If your blood or breath alcohol level is 0.08 or higher, your license could be suspended for 90 days if this is a first offense, or for 1 year if your license has previously been suspended for failing a blood or breath test, refusing a blood or breath test, or a conviction for DWI or any other intoxication offense during the last 10 years.

Contesting Your License Suspension

You have 15 days from the day of your arrest to contest your license revocation

Is It Possible to Defend Against a San Antonio DWI?

If you are charged with DWI in Texas, it can be easy to feel overwhelmed and like you have no choice but to plead guilty. While it can be difficult, try to keep in mind that being charged with a crime does not mean that you are guilty of it. The prosecutor is required to prove every element of the offense beyond a reasonable doubt, which they may not be able to do based on the facts of your case. 

Our job as San Antonio DWI defense attorneys is to defend your rights and your freedom. While it may not always be possible to get a DWI charge reduced or dismissed, we will thoroughly examine and investigate your case to put together both factual and legal defenses to the charge. 

There are several possible defenses to a DWI/DUI in Texas that are based on your constitutional rights. For example, Americans have the right to be free from unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution. When it comes to traffic stops, police generally need to have reasonable suspicion that you are committing a crime to pull you over.

If the law enforcement officer did not have reasonable suspicion to make the stop, that may be the basis for getting the evidence against you suppressed (including the results of any field sobriety tests and/or chemical tests). Similarly, DUI checkpoints have to be conducted in a specific way to comply with the Constitution. If the police don’t follow the proper procedure for a DUI checkpoint, then your case could potentially be dismissed.

The Fourth Amendment also mandates that the police have probable cause to arrest you. Even if the initial stop was valid, if the police officer did not have sufficient evidence to arrest you on suspicion of driving under the influence, then the charges against you could potentially be reduced or even dismissed. Our San Antonio DWI defense lawyers will analyze every aspect of your stop and arrest to determine if there is any basis to file a motion to suppress.

There are also many different DUI defenses that are based on the facts of your case. This may include:

• Problems with the administration of field sobriety tests: These tests are designed to be administered under “ideal” conditions, such as on a flat surface and on a clear, well-lit day. If these conditions do not exist or the law enforcement officer did not administer them properly, then the results of these tests may be tossed.
• Inaccurate breathalyzer results: There is a common misconception that breathalyzer tests, which analyze your blood alcohol concentration (BAC) based on a sample of your breath, are accurate.  However, for the machines to work properly, they have to be properly calibrated and maintained. The test also has to be administered properly. For example, if you vomited, then the officer has to wait a specified amount of time before giving you the test, as any lingering stomach acid in your mouth could skew the results.
• Medical conditions: Certain medical conditions, such as diabetes and acid reflux, can affect breathalyzer results or even make you appear to be intoxicated when you are not.  For example, if you suffered a traumatic brain injury (TBI) in the past or even an orthopedic injury, you may appear unsteady on your feet. Introducing evidence of a medical condition could help to refute the charges against you or convince the prosecutor to reduce or dismiss the charges.

The most important thing to remember is that a conviction is not a foregone conclusion. If you have been charged with a DWI in San Antonio, we can help. Reach out to our law firm as soon as possible for a free initial consultation.

Charged with a DWI in San Antonio? Call Today.

A DWI conviction comes with serious consequences, including potential jail time, steep fines, and a license suspension. If you are facing DWI charges, your best option is to contact a San Antonio DWI defense lawyer as soon as possible. An attorney can help you evaluate your options and will fight to protect your rights.

At Hunter, Lane & Jampala, we provide outstanding legal representation to clients charged with alcohol-related offenses, drug crimes, sex crimes, federal offenses, and other crimes. We take a proactive approach to criminal defense, working tirelessly to get our clients’ cases dismissed whenever possible. If you have been charged with DWI or another crime in San Antonio, give us a call at 210-202-1076 or fill out our online contact form to schedule a free case evaluation with a member of our legal team.

FAQs

What is the Difference Between a DWI and a DUI?

DUIs and DWIs are both criminal offenses that refer to driving while intoxicated In Texas, this crime is legally defined as DWI, although the term ‘DUI’ is commonly used too. When a driver over 21 is legally intoxicated, they can be charged with a DWI. Those under 21 can, however, be charged with a DUI.

Of the two, DWI is a more serious crime because it is charged under the Texas Penal Code while DUI is applied to minors under the Traffic Code. However, DUI applies when there is any amount of alcohol in the system, so the conviction is much easier.

What If I Refused Chemical Testing?

In Texas, anyone who operates a motor vehicle must consent to a chemical test if a law enforcement officer suspects they are under the influence of drugs or alcohol. This is called the implied consent rule, which states that by obtaining a license and operating a motor vehicle, you consent to a chemical test.

Refusing such testing can result in the loss of your license. Licensing suspensions can range from 90 days to two years depending on the severity of the DWI case. However, you won’t lose your license immediately: you have 15 days to request an administrative hearing and dispute a license suspension. After you fail to act within 15 days, an automatic suspension begins 40 days after your refusal. Your DWI defense lawyer can help you request the hearing and represent you during the proceedings.

It is often crucially important to your defense that you contest your administrative license revocation hearing. A good defense attorney will use this opportunity as a sneak-peek into the mind and methods of the arresting officer, the primary witness the State will use to build their criminal case against you. For this reason, locking an officer into sworn testimony when they may not have spent as much time reviewing the arrest and accompanying documentation or before they have rehearsed what they will testify to with the prosecutor in the case can provide invaluable material to impeach forgetful, mistaken, or deceitful officers during the trial of the criminal case. 

Why Hire Hunter, Lane & Jampala PLLC for Your DWI Defense?

We understand that after being arrested for drunk driving, you can be stressed and confused. A DWI charge does not mean that a conviction is automatic.  You can rest assured that the attorneys at Hunter, Lane & Jampala PLLC in San Antonio, Texas will diligently represent you to obtain the best possible resolution for your case. 

With years of DWI defense experience, we have acquired a thorough understanding of the standardized field sobriety tests and law enforcement protocol that police use to try and deceive unsuspecting motorists into incriminating themselves into an alcohol-related charge. Knowing how these tests are biased against the accused, and in what ways the tests are flawed can prove an effective and comprehensive defense against DWI charges. 

To build a strong defense, we will analyze the entirety of your case. It is critical to determine if the police illegally stopped your vehicle, whether the field sobriety tests were correctly performed, and whether the blood or breath specimen collected from you was correctly analyzed. Discovering an error in one or all of these areas could have a significant impact on the outcome of your case, including proving your innocence or leading to the dismissal of charges by the prosecution.

Our goal is to deliver the highest possible quality legal services to each client. We will use our experience and extensive knowledge of criminal procedure and the science and protocol of DWI investigation to provide you with an effective defense.

If You’ve Been Arrested for a DWI, Get a Free Consultation Now!

If you or someone you care about has been arrested for DWI, you need to retain an aggressive and experienced San Antonio DWI criminal defense attorney who knows how the system works and how to build a successful defense for you. To schedule a free consultation, call (210) 202-1076 or contact us online.