Protecting Yourself After A San Antonio DWI

Last updated on December 12, 2024

Going out to a bar with friends or enjoying a few drinks during the holidays with your family should be a fun and memorable experience. However, sometimes these moments take a turn when you’re pulled over under suspicion for drunk driving. Instead of heading home after a night on the town, you might be faced with serious criminal charges and an uncertain future. What can you do?

If you have been arrested and charged with DWI or are under investigation for pending charges in Bexar County or anywhere in Texas, don’t wait to see what the police will do next. Don’t say another word. Don’t take another test. You need Vela & Del Fierro, P.C., in San Antonio on your side. Call 210-617-3925 or email us immediately to work with an experienced DWI attorney who can fight for your rights.

Anatomy Of A DWI Stop

When police pull you over for suspected DWI, they are generally assessing your demeanor and behaviors to determine whether they have grounds to arrest you for drinking and driving. This often includes checking for signs of impairment such as bloodshot eyes and slurred speech, or even the smell of alcohol on your breath or clothes. Officers may ask if you have been drinking, and you are within your rights not to answer. However, you should always remain polite when interacting with the police and cooperative when they ask to see your license or other identification.

If an officer suspects you have been drinking, they may perform a field sobriety test. There are many types of field sobriety tests, such as making you walk and turn in a straight line or having you stand on one leg to assess your balance and coordination. Another option is the horizontal gaze nystagmus test, which measures an involuntary spasm of your eyes, which often increases under alcohol consumption.

You may also be asked to perform a roadside breath test to determine your blood alcohol concentration (BAC). Many roadside breath and field sobriety tests are unreliable, and you are not required to take them. If you choose to refuse, you may be taken to a police station to perform a breath test or have a blood test done instead to measure your BAC. While you also have the right to refuse these tests, you may face the consequence of an automatic license suspension.

It’s important to ask for an attorney as soon as possible if you are arrested or under suspicion of a DWI. A skilled lawyer will be able to advise you on the necessary steps and procedures and can fight back against unreliable test results.

Avoid Harsh Penalties

The first time you are arrested for a DWI is a misdemeanor, but if you get a conviction, you are looking at more serious consequences if you are arrested a second time for the same type of offense.

For a first-offense DWI in Texas, you face these potential penalties:

• Jail – Minimum 30 days, maximum 180 days
• Driver’s license suspension
• Fine – Up to $2,000
• Annual surcharge for driver’s license renewal – Up to $2,000 for consecutive years

If you are convicted a second time for DWI within five years, the potential penalties increase:

• Jail – minimum 30 days, maximum one year
• Driver’s license suspension
• Fine – up to $4,000
• Other penalties – evaluation for possible rehab treatment, probation or ignition interlock device

A third arrest may be charged as a felony DWI, which carries harsher and more serious consequences. In addition, depending on whether you have prior convictions for DWI, there may be some bail bond conditions ordered by the court prior to your release from jail.

A DWI conviction may also result in very serious consequences, including, but not limited to, increased insurance costs, probation fees and substantial yearly surcharges assessed by the Texas Department of Public Safety.

Frequently Asked DWI Questions

We understand that facing a DWI charge is stressful and nerve-wracking. Our goal is to provide you with clarity and guidance during this challenging time. Below, our team has answered common questions we receive from clients to give you a place to start. For further inquiries, contact us today.

Are DWI checkpoints legal in Texas?

The short answer is, no, they are not legal. However, law enforcement often creates checkpoints for other reasons, such as verifying drivers’ licenses, to potentially target drivers for drunk driving. If you have been arrested for a DWI at an unlawful checkpoint, call our attorneys immediately.

What is a DWI diversion program?

DWIs are taken incredibly seriously throughout Texas and the consequences can be severe. However, courts recognize that in certain situations, it may be worthwhile to provide a second chance to an offender than to punish them. DWI diversion programs offer anyone facing drunk and disorderly charges a pretrial program that may result in having your charges dropped. These programs include taking DWI classes, alcohol treatment and performing community service. It also includes submitting to random urine or breathalyzer tests and installing an ignition interlock device on your vehicle.

Not everyone is eligible for a DWI diversion program. If you are interested in this option, consult with a skilled DWI attorney who can help negotiate these terms on your behalf.

Will I have to go to jail for drunk driving?

Yes, it’s possible. First-time DWI offenders can face a variety of serious penalties, which often include jail time between 30 to 180 days. To dismiss or reduce the amount of jail time you may face, you need a strong and strategic attorney on your side who can help fight for your rights.

Is a DWI arrest public knowledge?

Yes. A DWI will appear on your criminal record, which may be seen during background checks performed by schools, employers, insurance companies and other entities. This may impact your career and education.

Will the police take my license?

Driver’s license suspension is a common penalty for DWI convictions. In Texas, this suspension may last anywhere between 90 days to one year for a first-time offense. You may be able to avoid this suspension by requesting an Administrative License Revocation (ALR) hearing within 15 days of your arrest. An attorney can help you navigate this process so you can hold onto your license.

Meet Our DWI Defense Team Today

A DWI conviction can have lasting consequences that will affect you for years to come. Instead of representing yourself in your case, allow an experienced team of lawyers to fight for you.

Don’t say another word to the police or prosecutor until you have one of our aggressive DWI defense attorneys by your side. Call us at 210-617-3925 or send an email to schedule a consultation with one of our lawyers immediately.