A DWI charge can have life-altering consequences, including fines, license suspension, increased insurance rates, and even jail time.
If you are facing DWI allegations, the stakes are high, and it is essential to act quickly.
Working with a skilled San Antonio DWI lawyer can make all the difference in protecting your rights and minimizing the impact of these charges.
At Fowlks Law Firm, we provide compassionate, personalized representation to clients facing DWI charges.
Our firm has extensive experience navigating the complexities of Texas DWI laws, and we are committed to helping you achieve the best possible outcome.
For a free consultation, please don’t hesitate to call (210) 455-1000 or fill out our online form today.
What Constitutes A DWI In Texas?
In Texas, Driving While Intoxicated (DWI) occurs when an individual operates a motor vehicle in a public place while intoxicated.
Intoxication is defined as having a blood alcohol concentration (BAC) of 0.08% or higher or losing the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.
Texas law applies stringent penalties to DWI charges to discourage impaired driving and protect public safety.
What To Expect After A DWI Arrest
Being arrested for a DWI can be overwhelming, but understanding the process can help you prepare for what comes next:
- Booking and release. You will be taken to a police station for processing. Depending on the circumstances, you may be released on bail or held until your first court appearance.
- Administrative license revocation (ALR). Texas law allows for a suspension of your driver’s license. You have 15 days to request a hearing to contest the suspension.
- Court proceedings. Your case will proceed through the criminal justice system, including arraignment, pre-trial motions and hearings, and potentially a trial.
Throughout this process, having a knowledgeable DWI lawyer in San Antonio by your side can provide clarity and support while ensuring your rights are protected.
What Are The Consequences Of A DWI In Texas?
The consequences you face depend on factors such as your blood alcohol concentration (BAC) level, prior DWI convictions, and whether there was an accident or injury involved.
Common penalties include:
- Fines and court costs. For a first offense, fines can reach up to $2,000, not including court costs or administrative fees.
- License suspension. A conviction can result in a suspension ranging from 90 days to 2 years.
- Jail time. First-time offenders may face up to 180 days in jail, while repeat offenses carry longer jail sentences.
- Increased insurance rates. A conviction often results in higher premiums, making driving more expensive.
In addition to these penalties, a DWI conviction can leave you with a permanent criminal record, affecting employment opportunities and housing options.
Working with an experienced DWI attorney in San Antonio can help by negotiating reduced charges, exploring alternative sentencing options, or seeking case dismissal when possible.
The Importance Of Hiring A San Antonio DWI Lawyer
Facing DWI charges without proper legal representation can put your future at risk. An experienced attorney brings knowledge and resources to build a strong defense.
Here’s how a San Antonio DWI attorney can assist you:
- Challenging evidence—scrutinizing the validity of field sobriety tests and breathalyzer results, which may have been improperly conducted;
- Protecting your rights—ensuring law enforcement followed Texas legal procedures, including establishing probable cause; and
- Negotiating with prosecutors—leveraging local knowledge to seek reduced charges, alternative sentencing options, or case dismissal.
At Fowlks Law Firm, we tailor our defense strategies to the unique circumstances of your case, providing you with the best possible representation.
Potential Defenses To DWI Charges
Several defenses may apply to your DWI case, depending on the specifics of your situation. In Texas, these defenses often hinge on challenging procedural errors or the accuracy of evidence. Here are some detailed examples.
Improper Traffic Stop
Law enforcement must have probable cause to pull you over. For instance, they need evidence of a traffic violation, such as speeding or swerving. If this requirement is not met, any evidence collected during the stop may be inadmissible. Your attorney will review dashcam footage, police reports, and witness statements to challenge the legality of the stop. If the stop was illegal, your lawyer will file a motion to exclude any resultant evidence, thereby weakening the prosecution’s case.
Faulty Breathalyzer Or Testing Equipment
Breathalyzer machines must be properly calibrated and regularly maintained. If the device used in your case was overdue for maintenance or operated incorrectly, the results could be invalid. A knowledgeable attorney can subpoena maintenance records and identify errors in machine maintenance or the administration of the test.
Medical Conditions Or Medications
Certain medical conditions, such as diabetes or acid reflux, can produce false positives in breathalyzer results. Additionally, medications may mimic symptoms of intoxication. Your lawyer may work with medical experts to demonstrate how these factors influenced your case.
Field Sobriety Test Inaccuracies
Tests like walking in a straight line or standing on one leg rely heavily on subjective officer judgment. Environmental factors, such as uneven pavement or poor lighting, and individual conditions, like fatigue or physical disabilities, can lead to unfair assessments. Your attorney will highlight these issues to challenge the credibility of test results.
Violation Of Rights
Law enforcement officers must follow strict procedures during a DWI arrest. For example, if they failed to read your Miranda rights or conducted an unlawful search, the evidence obtained may be excluded. Your attorney will thoroughly review the arrest process for procedural errors that could strengthen your defense.
Each case is unique, and a skilled San Antonio DWI attorney will investigate every detail of your arrest to craft a defense strategy tailored to your circumstances. By addressing these specific factors, your attorney can significantly improve your chances of achieving a favorable outcome.
DWI Lawyers In San Antonio
If you are facing DWI charges in San Antonio, do not wait to seek legal representation. At Fowlks Law Firm, we are committed to providing the compassionate, knowledgeable defense you need to protect your rights and future.
Contact us online or call (210) 455-1000 today to schedule a free consultation with a San Antonio DWI lawyer.
Together, we will build a strong defense and help you move forward with confidence.
Frequently Asked Questions
What Happens If I Am Convicted Of A DWI But Need To Drive For Work?
If you rely on driving for your job, you may be eligible for an occupational license. This type of restricted license allows you to drive to and from work, school, or essential errands. Your attorney can help you file a petition for this license and meet the necessary requirements.
Can I Refuse A Breathalyzer Test?
Yes, you can refuse a breathalyzer test in Texas. However, refusal may result in automatic license suspension under the state’s implied consent laws. Your attorney can help you address this issue during your case.
How Can A DWI Conviction Affect My Future?
A DWI conviction can impact your employment prospects, housing opportunities, and personal relationships. It can also result in long-term financial consequences, such as increased insurance rates and fines that take a long time to pay off. Working with a skilled DWI defense lawyer can help reduce these impacts.
