San Antonio Lawyer for DUI and DWI Cases

Don’t let a DUI ruin your life—an experienced San Antonio DWI lawyer is here to help.

Are you worried about how a DUI or DWI charge could change your life? The consequences can be harsh. This is where a San Antonio Lawyer for DUI and DWI Cases steps in to help.

DUI and DWI charges involve driving while impaired by alcohol or drugs. These charges carry serious consequences—fines, losing your driver’s license, and even possible jail time. Without the right help, the situation can quickly get out of hand. That’s why having an experienced DUI and DWI attorney in Texas who knows how to handle these cases is essential. They can help reduce penalties, defend your case, and give you the best shot at moving forward with your life.

Quick Summary:

• DUI vs. DWI Charges in Texas: DUI and DWI charges differ based on the circumstances. A DWI applies to adults with BAC of 0.08% or above, may incur fines, jail time, or license suspension. A DUI is specific to minors under 21 who have any detectable amount of alcohol in their system, even if their BAC is below the legal limit. Both charges carry serious consequences that require legal defense.
• Penalties for DWI and DUI in Texas: A first-time DWI offense in Texas is typically a Class B misdemeanor, which can result in up to 180 days in jail. However, if your BAC exceeds 0.15% or you are a repeat offender, the penalties can escalate to a Class A misdemeanor or even a felony. DUI charges for minors may result in community service, fines, and license suspension, depending on the offender’s age and the severity of the offense.
• Common Mistakes After a DWI/DUI Arrest: Key errors to avert following a DUI or DWI arrest include not hiring a lawyer, missing the 15-day deadline for an administrative hearing to protect your driver’s license, and admitting guilt without legal advice. Failing to challenge the evidence or represent yourself in court can also lead to harsher penalties.
• Defense Strategies for DWI and DUI Cases: A lawyer can use various defense strategies in DWI and DUI cases. These include contesting the validity of the traffic stop, raising doubts about the accuracy of the blood or breath tests, and identifying any violations of constitutional rights during the arrest. In some cases, affirmative defenses like duress can be used to negate criminal liability.
• FAQs about DWI and DUI: A DWI stays on your Texas record permanently, impacting job and housing prospects. Jail time isn’t always mandatory for a first offense, but severe cases could lead to harsher consequences. Both DUI and DWI will appear on background checks, and a license suspension is likely after a first-time DWI. 

What’s the Difference Between a DUI and a DWI in Texas?

In Texas, DUI and DWI charges are applied in different scenarios. A DWI (Driving While Intoxicated) is defined under Section 49.04 of the Texas Penal Code. It applies when an individual operates a vehicle in a public space while impaired by alcohol, drugs, or controlled substances. A blood alcohol concentration (BAC) of 0.08 or higher is considered legal intoxication. DWIs are typically charged against adults, and the penalties can escalate if the BAC exceeds 0.15 or the driver causes an accident.

A DUI (Driving Under the Influence) also involves impaired driving but is applied explicitly to minors under the age of 21. Under Texas law, any measurable amount of alcohol in a minor’s system can lead to a DUI charge, even if their BAC is below 0.08. DUIs are generally less severe than DWIs but can still result in penalties like fines, community service, and license suspension.

Penalties for a DWI in Texas

DWI, or Driving While Intoxicated, is frequently regarded as a Class B misdemeanor in Texas. The standard penalty includes up to 180 days in jail. For first-time offenders, the courts may grant deferred adjudication, which can help avoid a criminal conviction on your record. However, certain factors can increase penalties. If you’re caught with an open container of alcohol in your vehicle, there is a mandatory minimum jail sentence of six days, with a maximum of 180 days.

If your blood alcohol concentration (BAC) is 0.15% or higher, the charge escalates to a Class A misdemeanor, with penalties ranging from 30 days to one year in jail. A second DWI conviction is also treated as a Class A misdemeanor. On the third offense, the DWI becomes a third-degree felony, carrying a sentence of 2 to 10 years in prison.

Penalties for a DUI in Texas

In Texas, a DUI (Driving Under the Influence) applies to minors under the age of 21. Unlike DWIs, minors can face charges with any detectable amount of alcohol in their system, regardless of the 0.08% legal limit.

For minors under 17, a first offense is a Class C misdemeanor. The penalties include 20 to 40 hours of community service, a fine of up to $500, and a license suspension of 60 to 180 days. Additionally, both the minor and their parent may be required to attend an Alcohol Awareness Course.

The penalties for minors aged 17 to 21 become more severe. Jail time ranges from 72 hours to 180 days, similar to those faced by adults.

Mistakes to Avoid After a DWI/DUI Arrest in Texas

After a DWI or DUI arrest, knowing what not to do next is as important as understanding the steps to take. Making mistakes after such an arrest can make things worse. Here’s a rundown of key mistakes to avoid:

1. Not Hiring a San Antonio Lawyer for DUI and DWI Cases

Attempting to handle your case without legal representation can lead to costly mistakes. A lawyer with experience in DWI/DUI cases can help you understand your rights and work toward reducing the penalties you face.

2. Ignoring the Administrative License Revocation (ALR) Hearing

In Texas, you have just 15 days to request an ALR hearing to prevent your driver’s license from being automatically suspended. Failing to act within this window can result in losing your license, even if your case is dismissed later.

3. Admitting Guilt

It’s important not to admit guilt or make statements without legal advice. Anything you say can be used against you in court. Stay calm and exercise your right to remain silent.

4. Missing Court Dates

Failing to appear in court can result in additional charges and increased penalties. Therefore, keeping track of all your scheduled court dates and ensuring you attend them is important.

5. Assuming the Case is Minor

A DWI/DUI arrest is a serious matter with long-lasting consequences, including hefty fines, jail time, and a criminal record. It’s important to take the situation seriously and seek legal help.

6. Not Challenging the Evidence

Many people don’t realize they can challenge the results of breath or blood tests. Your lawyer can help you examine the evidence and determine if there were any errors in the testing process.

7. Representing Yourself

Self-representation is risky in DWI/DUI cases. A San Antonio lawyer for DUI and DWI cases will know how to build a solid defense and fight for the best possible outcome. Avoid these mistakes to protect your rights and your future.

What Are the Best Defense Strategies for a DWI or DUI in Texas?

If you’re facing a DWI or DUI charge in Texas, several defense strategies can be used to fight the charges. Here are six common approaches that a San Antonio lawyer for DUI and DWI cases might consider for your case:

• Errors in Blood Tests: Blood tests must follow strict procedures to ensure accuracy. If the sample wasn’t handled correctly or protocols weren’t followed, your lawyer can challenge the test results, which may cast doubt on the prosecution’s case.
• Challenging the Traffic Stop: For a traffic stop to be legal, law enforcement must have a valid reason, such as speeding or erratic driving. If the stop was made without probable cause, your lawyer could argue that all evidence obtained during the stop should be suppressed.
• Violation of Your Constitutional Rights: If your rights were violated, such as being subjected to an illegal search or not being read your Miranda rights, your attorney may be able to challenge the charges and request that evidence be excluded from the case.
• Field Sobriety Test Issues: Field sobriety tests are not always reliable, especially if you have a medical condition affecting balance or mobility. If your results were inaccurate due to these factors, your lawyer can argue that the test should not be used as evidence.
• Breathalyzer Inaccuracies: The results of a breath test can be influenced by various factors like medical conditions or even mouthwash. If the device wasn’t properly maintained or calibrated, your attorney could question the reliability of the results.
• Affirmative Defenses: In some cases, an affirmative defense can be used to show you were not responsible for the incident. For example, if you were driving under duress, your lawyer could present evidence to support that you were forced to drive due to threats.

Why Do I Need a San Antonio Lawyer for DUI and DWI Cases?

Having a San Antonio lawyer for DUI and DWI cases is essential because they bring the right skills and local understanding to help you through this challenging situation. Lawyers experienced in these areas can:

• Stay Updated on Changes: They constantly keep up with changes in Texas and San Antonio DUI and DWI laws. This knowledge ensures that they use the latest legal strategies to defend you effectively and make sure no detail is overlooked in your case.
• Break Down the Law: Legal jargon can be confusing, especially when dealing with something as serious as a DUI or DWI. A good lawyer will explain everything in simple, easy-to-understand terms so you fully comprehend the charges you’re facing and the potential consequences. They ensure you know all your options, giving you a clear picture of what lies ahead.
• Detect Errors: Law enforcement officers must follow strict procedures during an arrest. A trained lawyer knows how to look for mistakes made during the arrest, improper handling of tests, or any other factors that may help reduce or dismiss your charges. This attention to detail can differentiate between a conviction and a favorable outcome.
• Negotiate Skillfully: If reducing penalties or charges is possible, an experienced lawyer can communicate with prosecutors to strike the best deal for you. They use their knowledge of local courts and relationships with legal professionals to negotiate on your behalf, seeking to minimize the impact on your life.

Having a lawyer with this kind of experience can significantly affect the outcome of your case. They guide you every step of the way, ensuring your rights are protected and you receive fair treatment. They’re more than just legal representation—they’re your partner, providing support, clarity, and the best possible defense against the charges you face.

Call our San Antonio lawyer for DUI and DWI cases Now!

Facing DUI or DWI charges in San Antonio? The Law Offices of Hector Gonzalez III, P.C., is here to provide you with the defense you need. Understanding the challenges and fears of these charges, our team is committed to defending your rights. We will ensure you receive fair treatment under the law.

Hector Gonzalez III is a dedicated attorney with a strong track record. His team approaches each case with the diligence and attention it deserves. Our office has been recognized for client satisfaction and effective defense strategies, helping many in San Antonio successfully resolve their legal issues.

We don’t just handle DUI and DWI cases; our practice areas also include criminal defense, personal injury, and juvenile law, offering a broad approach to your legal needs. Contact us today for a free appointment. Let us support you in your time of need.

FAQs

How Long Does a DWI Stay on My Texas Record?

A DWI remains on your record permanently in Texas. It doesn’t disappear over time, and the consequences of having it on your record could affect your job prospects and housing opportunities. However, it may be possible to have your record expunged in some instances. If you’ve been charged with a DWI, you must speak with a San Antonio lawyer for DUI and DWI cases who can evaluate your situation and help you explore your options for clearing your record.

Is Jail Time Required for a First DWI Offense in Texas?

Jail time for a first DWI offense is not always mandatory, but it can depend on the specifics of your case. If you have prior convictions or your BAC is substantially exceeds the legal limit of 0.08%, you may face more severe penalties, including jail time. It’s important to consult a lawyer to understand what you could be facing and how to build a defense.

Will a DUI or DWI Appear on My Background Check?

Yes, both DUI and DWI charges will show up on background checks. This can impact your ability to get a job or housing, as a criminal record potentially raises red flags for prospective employers or landlords.. It’s wise to consult a lawyer about whether your charges can be removed from your record to help reduce the long-term impact.

Can I Drive After DWI Arrest in Texas?

You may be able to continue driving after your DWI arrest, but you’ll need to attend an administrative hearing to discuss reinstating your driver’s license. If your license gets suspended, you might qualify for an occupational license, which allows you to drive for work or essential tasks. A lawyer representing you during the hearing is highly recommended to protect your driving privileges.

Will My License Be Suspended After a First DWI in Texas?

Yes, if you are convicted of your first DWI, your license will likely be suspended for 90 days to one year. Refusing to take a breathalyzer test during your arrest could result in a longer suspension. It’s essential to consult with a lawyer to understand the full scope of penalties and how to mitigate them.