Arrested for DWI in Texas? You Could Be Facing Fines, Jail Time, and Other Penalties. Call The Criminal Defense Firm today!
Facing a DWI charge in Texas is a serious matter. All DWIs carry the potential for jail time in addition to fines, loss of driving privileges, and other penalties. If you are a licensed professional, a DWI arrest can trigger disciplinary action as well; and, if you own a business, an arrest can stain your reputation and lead to financial repercussions for your company.
Our defense lawyers bring decades of experience to representing individuals charged with DWI in San Antonio and the surrounding areas. While we represent all types of clients, we have particular experience protecting doctors, attorneys, accountants, brokers, business owners, and other high-net-worth individuals who face additional risks beyond criminal penalties in the event of a DWI conviction. All of our attorneys are highly experienced, and many are former criminal prosecutors in Texas and other jurisdictions. If you need to fight a DWI charge in San Antonio, The Criminal Defense Firm is your choice for protecting your future.
While DWI trials are inherently unpredictable, there are ways that you can control the outcome of your case and steer it toward a favorable result. At The Criminal Defense Firm, we proactively represent our clients at all stages of the criminal justice process, and we are able to favorably resolve many of our clients’ cases prior to trial. The sooner you contact us, the sooner we can get to work building your defense strategy. Contact us now to speak with one of our senior San Antonio DWI defense lawyers in confidence.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
What Do You Need to Know if You are Facing a DWI Charge in San Antonio?
If you have been arrested for DWI in Texas and are now facing the prospect of going to trial in San Antonio, there is a lot you need to know. DWI cases are complicated, and Texas judges and prosecutors do not take these cases lightly. If you do not defend yourself effectively, there is a very real risk that you will be convicted and sentenced in court. Even once your sentence is over, your conviction will remain on your record, and it will present challenges in your personal and professional lives for years to come.
There are Multiple Different DWI Offenses Under Texas Law
One of the first things you need to know in order to understand your situation is that there are multiple types of DWI charges in Texas each with its own potential penalties. Potential DWI charges in Texas include:
- First Time DWI
- DWI with Injury
- Felony DWI
- Multiple DWIs
- Out-of-State DWI
- Intoxication Manslaughter
- Under 21 DWI
At The Criminal Defense Firm, we represent professionals, business owners, and other individuals who are facing all types of DWI charges in San Antonio. When you contact us, one of our defense lawyers will arrange to meet with you immediately to go over your case, examine the charge (or charges) against you, and determine what defenses you have available.
A “Positive” BAC Reading is Not Tantamount to a Guilty Plea
One of the most common misconceptions about DWI cases is that if you blew above the legal limit on the breathalyzer, then you might as well plead guilty and save yourself from the hassle of going to trial. There are several reasons why this line of thinking is flawed.
First, under Texas’s “implied consent” law, drivers are required to submit to the breathalyzer when they are lawfully stopped for DWI. If you had refused the breath test, not only would you very likely have still been arrested for DWI, but you would have been charged with an implied consent violation as well. So, by taking the breath test, you protected yourself against an additional charge that may have been much more difficult to overcome.
Second, there are many ways to challenge your breathalyzer test results during a DWI case. From challenging the reliability of the breathalyzer device itself to raising questions about the accuracy of your reading, an experienced San Antonio DWI defense lawyer will be able to attack your breath test result from multiple angles. Did your blood alcohol concentration (BAC) rise between the time of your traffic stop and the time you blew? Do you have a medical condition that inflates your BAC? These are just two examples of numerous potential issues that can be used to successfully defend against an over-the-limit BAC.
Third, going to trial is much more than a “hassle.” Facing a conviction can truly be life-changing, and when you go to trial the outcome of your case is not entirely in your control. The prosecution will present its evidence, you will present yours, and then the judge or jury will decide if you deserve to face the life-altering consequences of a conviction. If your case ends up going to trial, you will need to rely on the advice and representation of experienced legal counsel to protect yourself to the fullest extent possible.
The Penalties for a DWI Conviction In Texas are Substantial
If you get convicted for DWI, you will be subject to various different types of penalties. The specific penalties that are on the table will depend on the specific nature of your case. For example, the potential penalties in some of the most common types of DWI cases are as follows:
First-Time DWI (BAC Below 0.15)
- Fine of up to $2,000
- Suspension of your driver’s license up to 1 year
- Possible (although unlikely) jail time up to 180 days
- Surcharge payments of up to $2,000 to keep your driver’s license for three years if convicted
First-Time DWI (BAC of 0.15 or Above)
- Fine of up to $4,000
- Possible jail sentence of up to 1 year
- Suspension of your driver’s license up to 1 year
Second-Time DWI
- Fine of up to $4,000
- Suspension of your driver’s license up to 2 years
- Possible jail sentence of up to 1 year
Third-Time DWI
- Possible felony conviction
- Possible fine up to $10,000
- Possible prison sentence of up to 10 years
- Suspension of your driver’s license up to 2 years
Intoxication Manslaughter
- Possible felony conviction
- Possible fine up to $10,000
- Possible prison sentence of up to life in prison
- Suspension of your driver’s license of up to 2 years
As we mentioned above, facing these penalties is just one aspect of the risk associated with a DWI conviction. In addition to the penalties imposed by the court, a DWI conviction in San Antonio can also lead to:
- Reputational harm as a professional or business owner
- Disciplinary action by your state licensing board
- Loss of your job
- Loss of your security clearance
- Loss of your gun rights and voting rights (temporarily)
- Challenges with obtaining financing
- Reduction or loss of child custody or visitation rights
How Can the San Antonio DWI Lawyers of The Criminal Defense Firm Help?
When we represent professionals, business owners, and other individuals who have been charged with DWI offenses in San Antonio, we take a proactive approach that focuses on achieving a favorable result as quickly and quietly as possible. We utilize all common law, statutory, and constitutional defenses that are available in Texas DWI cases, and our defense lawyers rely on extensive past experience to make insightful strategic decisions about protecting our clients. As your DWI defense counsel, we will:
1. Investigate All Possible Defenses
While challenging the reliability of your BAC reading is one possible defense strategy, it is far from the only defense you may have available. Our attorneys will investigate all possible defenses against your DWI charge, from lack of probative evidence to violation of your Fourth Amendment rights. In some cases, we may choose to assert multiple defenses in order to raise a reasonable doubt about our client’s guilt. In others, we may choose to target one or a select few defenses that clearly establish our client does not deserve to be held criminally liable.
2. Help You Avoid Costly Mistakes
When facing a DWI charge in San Antonio, there are a number of mistakes you need to avoid. While some of these mistakes are fairly obvious (i.e. avoiding a second DWI arrest), others are less so (i.e. failing to assert procedural defenses during the preliminary stages of your case). Our attorneys can explain everything you need to know while your DWI case is pending, and we will remain in close contact throughout the process to make sure you do not inadvertently jeopardize your defense.
3. Fight to Have Your Case Dismissed
Finally, while many DWI law firms focus on negotiating plea deals or minimizing their clients’ sentences, at The Criminal Defense Firm our first priority is always to have our client’s case dismissed. We know what it means to have a DWI on your record as a professional or business owner, and this is why we will fight relentlessly to keep your record clean.
Schedule a Free DWI Defense Consultation at The Criminal Defense Firm Today
Do you need an experienced legal representation for a DWI case in San Antonio? If so, we encourage you to contact us promptly. To speak with one of our senior defense lawyers in confidence, call 866-603-4540 or inquire online today.