If you’ve been accused or charged with a DWI in San Antonio, Texas, you may feel overwhelmed and uncertain about what to do next. It’s essential not to delay in seeking legal representation, as the consequences of a conviction for driving while intoxicated can be severe, including substantial fines, jail time, and long-lasting effects on your personal and professional life. Your freedom and future are on the line, and the earlier you act, the better your chances of achieving a favorable outcome.

At Barton & Associates Attorneys at Law, we understand the stress and confusion that come with DWI charges, and we are committed to providing you with the support and guidance you need. Our team of experienced San Antonio DWI lawyers will help you navigate the complex legal system, explore your options, and work toward reducing or even dismissing the charges against you. Contact us today for a free consultation at (210) 500 0000 and take the first step toward protecting your future.

How Barton & Associates Attorneys at Law Can Help After a DWI in San Antonio

At Barton & Associates Attorneys at Law, we bring over 100 years of combined legal experience to every case we handle. We are passionate about defending our clients and ensuring their voices are heard in all types of criminal cases, including DWI charges. Navigating the criminal justice system can be intimidating and confusing, especially when you’re up against aggressive law enforcement and prosecutors. However, with our extensive experience, you can rest assured that you have a dedicated team of legal professionals fighting for you.

When you choose our firm, you can expect us to:

• Conduct a thorough investigation into your case, looking for any evidence that could help your defense.
• Gather and analyze key evidence, including witness statements, video footage, or dashcam recordings that may contradict the prosecution’s case.
• Identify weaknesses in the prosecution’s case that could lead to the dismissal of charges or a favorable plea agreement.
• Negotiate on your behalf to pursue a charge reduction, plea deal, or even a full dismissal of charges if possible.
• Provide aggressive representation in court, ensuring that every legal strategy is explored to protect your rights.

We believe every client deserves the best possible defense, and we are ready to provide that to you. Contact our office today to schedule a free consultation with a skilled San Antonio criminal defense attorney.

What is a DWI?

In Texas, a Driving While Intoxicated (DWI) charge refers to operating a motor vehicle in a public place while impaired by alcohol, drugs, or a combination of substances. “Intoxicated” is defined as either:

• Lacking the normal use of mental or physical faculties due to the influence of alcohol, drugs, or controlled substances, or,
• Having a blood alcohol concentration (BAC) of 0.08% or more.

You can also be charged with a DWI if you are driving a watercraft or operating an amusement park ride while intoxicated. In addition to traditional DWI charges, Texas law includes related offenses such as DWI with a child passenger, intoxication assault, and intoxication manslaughter.

What to Expect During a DWI Case in Texas

While every DWI case is unique, there are common steps that most cases follow. Understanding these steps can help you prepare for what lies ahead. Here’s an overview of what you can typically expect:

Arrest and Booking

The first step in a DWI case is the arrest. If law enforcement officers suspect that you are driving while intoxicated, they may pull you over and conduct a field sobriety test or breathalyzer. If they have probable cause, you will be arrested and taken to jail. After arrest, you will go through the booking process, which includes taking your fingerprints, photographing you, and recording your personal information.

Arraignment

Your arraignment is the first court appearance after your arrest. At this hearing, the charges against you will be formally read, and you will enter a plea of “guilty,” “not guilty,” or “no contest.” If you plead “not guilty,” the court will schedule a trial date. Your bail or bond conditions will also be set at this time, and you may be able to secure your release if you’re eligible.

Administrative License Revocation (ALR) Hearing

In Texas, if you refuse a breath or blood test or test above the legal limit of 0.08 BAC, your driver’s license may be automatically suspended. The Administrative License Revocation (ALR) Hearing is an administrative process where you can challenge the suspension of your license. This hearing is separate from the criminal case, and it’s essential to request the hearing within 15 days of your license suspension/disqualification to protect your driving privileges.

Preliminary Hearing

A preliminary hearing, sometimes called a “pre-trial” hearing, may be scheduled before the trial. This is an opportunity for your attorney to review the evidence against you, discuss plea deals, or address any legal issues in your case. In some cases, the prosecutor may offer a plea bargain, or the case may be dismissed depending on the evidence presented. If the case proceeds to trial, motions, and further preparation may occur during this stage.

Trial

If no resolution is reached through negotiation or dismissal, the case will go to trial. During the trial, both the prosecution and the defense present evidence, call witnesses, and make arguments to the jury or judge. If you are found guilty, the judge will determine the sentencing, which can include fines, probation, community service, or jail time. If you are found not guilty, the case is dismissed, and you will be free from criminal charges.

Your attorney can explain what you should expect in each step of this process and help you prepare to the best of your ability. 

Penalties for a DWI

DWI penalties typically depend on how many offenses you have committed previously. They can include high fines and jail times. The specific consequences may include: 

• First offense: Up to a $2,000 fine, up to 180 days in jail, and loss of driver’s license for up to a year
• Second offense: Up to a $4,000 fine, one month to a year in jail upon conviction, and loss of driver’s license for up to two years.
• Third offense: A $10,000 fine, between two to 10 years in prison, and loss of driver’s license for up to two years.

These fines do not include a state fine of $3,000, $4,500, or $6,000, which will be assessed at sentencing. In addition to these fines, you may also be required to complete DWI education or intervention classes and install an ignition interlock device at your own expense. Further penalties could apply for cases involving very high BAC levels.

Possible Defenses to DWI Charges

It’s important to remember that you are presumed innocent until proven guilty of a DWI. An experienced attorney can help you develop strong defenses to protect your rights. At Barton & Associates Attorneys at Law, our team has the knowledge and experience to fight for you and defend your case effectively. Possible strategies we may use to challenge your case, depending on the specifics, include:

• Challenging the blood or breath test results due to improper administration or malfunctioning equipment.
• Challenging the field sobriety tests, which may not have been conducted properly.
• Arguing that your constitutional rights were violated during the stop, arrest, or investigation.
• Gathering evidence from the ALR hearing that can benefit your criminal case.
• Questioning the officer’s handling of the situation, including mistakes or discrepancies in their report or recollection.
• Disputing witness testimony that may not be reliable or accurate.

Your lawyer will collect evidence, interview relevant parties, and work to ensure you have the best possible chance of getting your charges reduced or dismissed.

Contact Our San Antonio DWI Lawyers For a Free Consultation

If you’ve been accused of a DWI in San Antonio, Texas, Barton & Associates Attorneys at Law is here to provide the legal support you need. Our experienced San Antonio DWI lawyers will guide you through the legal process, explain the charges against you, and help you pursue the best possible outcome for your case. Contact us today for a free consultation and take the first step toward defending your rights and your future.