In Texas, drunk driving is legally called driving while intoxicated, or DWI. A San Antonio arrest starts two separate cases. The first is a criminal case in the Bexar County courts. The second is an administrative case against your license. A DWI lawyer San Antonio drivers hire early can handle both. Many people call the charge a DUI. In Texas, DUI is a separate under-21 alcohol offense under the Alcoholic Beverage Code. Our attorneys defend DWI charges across Bexar County.
DWI Charges in San Antonio and What Texas Law Requires
To convict, the State must prove a person operated a motor vehicle in a public place while intoxicated. Under Texas law, intoxicated means losing the normal use of mental or physical faculties. That loss must come from alcohol or drugs. A blood alcohol concentration of 0.08 or more also proves the point.
An officer's observations alone may support a charge without a 0.08 result. Intoxication by drugs, including prescribed medicine, is charged the same way.
San Antonio stops usually follow a pattern. The officer names a reason for the stop, such as a lane drift. Standardized field sobriety tests may follow. A request for a breath or blood specimen often comes next. Each step creates video and paperwork that a DWI attorney San Antonio can review.
Bexar County criminal courts hear these cases. The arraignment is the first setting. The court reads the charge and takes a plea. Cases then move to pretrial hearings, plea talks, or trial.
Penalties for a First DWI Conviction in Texas
A first DWI conviction in Texas is a misdemeanor. A court may impose a fine of up to $2,000 and up to 180 days in county jail. Texas sets a minimum jail term, though courts commonly probate it.
Other consequences may include a license suspension of up to one year. A one-time state fine at conviction and required alcohol education may follow as well. A court may also order an ignition interlock device as a condition of bond or probation.
Several facts can raise the offense level and the punishment range. A blood alcohol concentration of 0.15 or higher is one. An open container claim, a child passenger, or a wreck with injury can each do the same. A prior conviction also raises the range.
Penalties depend on the facts and the court. No attorney can guarantee a result. A conviction does not qualify for the record-clearing options that may follow some dismissals. That gap is why an early defense review matters.
Your Driver's License and the ALR Hearing
Driving on a Texas public road carries a legal condition under the implied consent law. A driver is deemed to have consented to a breath or blood specimen after a lawful DWI arrest.
After a refusal or a failed test, the officer serves a notice of suspension. That notice doubles as a temporary driving permit. A driver then has a short, strict deadline to request an Administrative License Revocation hearing. The window is commonly 15 days from the notice. Missing it lets the suspension take effect on its own.
The license hearing is a civil proceeding, separate from the criminal DWI case. It gives the defense an early chance to question the arresting officer under oath. That sworn account may not match the dashcam video. The testimony can then shape the criminal case. Occupational or essential-need driving privileges may be available in some cases.
Speak With a San Antonio DWI Defense Lawyer
The license deadline moves fast. It does not wait for your first court date. A free consultation covers the stop, the field sobriety tests, and the breath or blood specimen. We also review the license notice you received. Our attorneys handle DWI defense in the Bexar County courts. We know how local prosecutors weigh breath and blood cases.
Many clients first search for a DUI lawyer San Antonio or a DUI attorney San Antonio. In Texas, both point to the same DWI charge. Choosing the best DWI lawyer San Antonio has available means asking how a firm handles license hearings. Test discovery is the other key question. Drivers who want a DWI lawyer San Antonio TX offers can reach us quickly. Call 1-888-839-4384 or use our online contact form.
San Antonio DWI Questions
Is a DWI the same as a DUI in Texas? A DWI and a Texas DUI are not the same charge. Texas charges adult drivers with DWI. DUI is a separate offense for drivers under 21 with any detectable alcohol. It also carries a different range of punishment.
How long do I have to request an ALR hearing after a San Antonio DWI arrest? The deadline is short, commonly 15 days from the date of the notice of suspension. Missing it usually lets the suspension take effect on its own.
Can I be charged with DWI in Texas if my BAC is under 0.08? Yes, a driver can face a DWI charge with a result under 0.08. Officers may base a charge on signs that you lost the normal use of your mental or physical faculties. Impairment by drugs or prescribed medicine counts as well.
