Facing a DUI charge in San Antonio, TX, can be a life-altering experience. The repercussions of a DUI conviction extend beyond legal penalties, potentially affecting your career, personal relationships, and overall future. Fortunately, there are ways you can defend yourself, and you don’t have to do it alone.
Our dedicated Texas criminal defense lawyers are committed to protecting your rights and providing you with the best possible DUI defense. With extensive knowledge of Texas DUI laws and a proven track record of success, we will work tirelessly to get the best outcome for your criminal case. We can assist you if you need help with DUI charges. Contact Barton & Associates Attorneys at Law at (210) 500 0000 to schedule a consultation with a San Antonio DUI lawyer.
How Barton & Associates Attorneys at Law Can Help If You’re Arrested for DUI
If you’re facing DWI charges or a DUI offense in San Antonio, Texas, the most important step you can take is to reach out to a criminal defense attorney as soon as possible. Here’s how our San Antonio criminal defense attorneys can help you:
- We will provide prompt legal assistance to ensure your rights are protected from the moment of your DUI arrest. Our team is available at all times to respond to your call and begin building your defense.
- We will thoroughly review the details of your case, including arrest reports, chemical test results, field sobriety test reports, and witness statements.
- We will work with prosecutors to seek the best possible outcome for your situation. This may involve negotiating reduced charges or lighter penalties to minimize the impact on your life.
- A DUI charge can result in the suspension of your driver’s license. We will help guide you through the process of reinstating your license as quickly as possible, minimizing disruptions to your daily life.
- Participating in alcohol education or treatment programs can positively influence your case. We will recommend reputable programs and help integrate them into your defense strategy.
If you’re facing DUI charges, we will do everything possible to defend your freedom and rights. Contact Barton & Associates Attorneys at Law to schedule a consultation with a San Antonio DUI lawyer.
Overview of DUI in Texas
Facing DUI charges in the state of Texas is a serious matter that can have long-lasting effects on your life. Understanding the specific laws and regulations surrounding DUIs in Texas is crucial for anyone accused of this offense. The crime that is referred to as DUI in most states is called driving while intoxicated (DWI) in Texas.
Legal Intoxication in Texas
Legal intoxication in Texas is defined by a person’s BAC level. A BAC of 0.08% or higher is considered legally intoxicated for drivers who are 21 and over. If your BAC meets or exceeds this threshold, you can be charged with a DUI, regardless of whether you exhibit any outward signs of impairment.
Impairment by Drugs or Alcohol Regardless of BAC
In Texas, DUI laws are not limited to alcohol consumption. You are breaking the law if drugs or alcohol impair your ability to drive, fly, or operate a boat, regardless of your BAC level. This means that even if your BAC is below 0.08%, you can still be charged with a DUI if law enforcement determines that your ability to operate a vehicle safely is impaired.
It is also against the law to operate a vehicle while you are under the influence of any other substance that impairs your ability to drive safely.
BAC Limits For Commercial Vehicle Operators
Drivers operating commercial vehicles in Texas are subject to stricter BAC limits. For commercial vehicle operators, the BAC limit is 0.04%. Exceeding this lower threshold can result in DUI criminal charges, reflecting the increased responsibility and potential risks associated with driving commercial vehicles.
Zero Tolerance for Drivers Under 21
Texas has a strict zero-tolerance policy for drivers under the age of 21. This means that any detectable amount of alcohol in the system of a driver under 21 is illegal. This leads to driving under the influence charges as opposed to DWI charges.
If you find yourself facing DWI/DUI charges in Texas, it is essential to consult with an experienced San Antonio DWI attorney as soon as possible.
What Are the Penalties For DUI in San Antonio, Texas?
Facing a DUI charge in San Antonio, Texas, can lead to severe legal consequences that affect various aspects of your life. Below is an overview of the penalties you may face based on the number of offenses and aggravating factors.
First Offense DWI
For a first-time DWI offense in San Antonio, Texas, the penalties include
- A fine of up to $2,000
- Between 3 and 180 days in jail, though sometimes the jail sentence can be deferred
- License suspension up to 1 year
Second Offense DWI
For individuals with one prior DWI conviction, the penalties for a second offense include:
- A fine of up to $4,000
- Jail time between 1 month and 1 year
- License suspension for up to 2 years
Third Offense DWI
A third DWI offense carries more severe penalties, including:
- Fines of up to $10,000
- Jail or prison time between 2 and 10 years
- License suspension for up to 2 years.
Penalties For High BAC DWI (0.15% or More)
A high BAC can escalate the severity of the charges, leading to the following penalties for a first offense:
- 30 days to 1 year in jail
- A fine of up to $4,000
- License suspension for up to 2 years
- Community service may be mandated
In many DWI cases, an ignition interlock device will be required as well.
Penalties for DUI – Drivers Under 21
In Texas, drivers aged 17 or older caught driving under the influence face fines up to $2,000, jail time ranging from three days to six months, and a license suspension of 90 days to one year, with stricter penalties for repeat offenses.
Drivers under 17 must pay fines up to $500, endure a 60-day license suspension, complete 20 to 40 hours of community service, and attend mandatory alcohol awareness classes.
For drivers under 21, penalties increase with subsequent offenses.
If you are facing DUI or DWI charges, it is crucial to seek experienced legal counsel as soon as possible.
What Defenses Can Be Raised if I’m Arrested For DUI?
Several legal defenses may apply to your DUI case, and understanding them can be the first step toward addressing the charges. Below are some common defenses your lawyer can use to defend you:
Improper Stop by Police
For a DUI arrest to hold up, the officer must have had a valid reason to pull you over in the first place, such as a traffic violation or visible signs of impaired driving. If there was no legal justification for the stop, the case could be challenged.
Breathalyzer or Blood Test Issues
Breathalyzer machines and blood tests can sometimes produce incorrect results due to improper calibration, errors in administration, or contamination. Challenging the accuracy of these tests can weaken the case against you.
Rising Blood Alcohol Levels
Alcohol doesn’t immediately enter your bloodstream – it takes time. If your blood alcohol concentration rises after you were driving but before testing, the results may not accurately reflect your level of impairment at the time you were operating the vehicle. This can be used to argue that you are not guilty of driving under the influence.
Medical Conditions or Substances
Some medical conditions, like acid reflux or diabetes, can mimic signs of intoxication or affect BAC test results. Additionally, medications or non-alcoholic substances can sometimes cause interference, leading to misleading outcomes. A DWI lawyer in San Antonio can use this argument to try to show you weren’t driving under the influence.
Procedural Errors
Mistakes during the arrest or testing process, such as not reading your rights properly or mishandling evidence, can lead to your evidence being inadmissible and sometimes charges being dismissed.
Every DUI case is different, and working closely with a qualified legal professional is essential to building a strong defense.
Schedule a Case Evaluation With Our San Antonio DUI Lawyer
If you’re facing DUI charges, it’s crucial to act quickly to protect your rights and build a solid defense. Our San Antonio DUI lawyers have many years of experience and are here to help guide you through the legal process and fight for your rights and freedom. We offer a case evaluation to discuss the details of your case.
During this initial meeting, we will review all aspects of your arrest, including any potential inaccuracies or errors made by law enforcement. We will also discuss any potential defenses that may be available to you and answer any questions you have about the legal process. If you need help, don’t face these charges on your own. Contact Barton & Associates Attorneys at Law to schedule a consultation with a San Antonio DUI lawyer.