San Antonio DWI Lawyer
A San Antonio DWI charge may be the first—and only—time you enter the criminal justice system in your entire life. It can be intimidating and stressful to suddenly be treated like a criminal, with mugshots and fingerprinting and facing potentially life-changing penalties.
Reliable legal advice from an established DWI defense lawyer can provide the support required to fight the charge and escape a lifelong criminal record. Even if it is not your first criminal charge, the guidance of a seasoned DWI lawyer from Fowlks Law Firm in San Antonio can help protect your legal rights and your future.
How will we defend your DWI?
Fowlks Law Firm will aim to get the case against you dismissed. If that’s not possible, we will work to minimize the consequences and penalties you face. We will start by investigating your case thoroughly, examining the evidence and building a defense that casts doubt over the prosecution’s version of events.
The strength of our defenses comes from experience with DWI defendants and other high-stakes criminal cases in San Antonio since 2018.
We offer:
- 24/7 availability for emergency cases
- Guidance through the legal hurdles that you face
- A free initial case evaluation to discuss the details of your case
- Consultations in English and Spanish
The knowledge and experience we have of San Antonio courtrooms together with our familiarity with prosecutors helps us push for the best possible result regardless of your circumstances.
Understanding DWI and how it’s prosecuted in Texas
Under Texas law, intoxicated people are guilty of DWI if they operate a motor vehicle in a public place. The offense can be prosecuted as a misdemeanor or felony in Texas, depending mainly on the following:
- The defendant’s previous DWI record (and criminal record)
- If the Blood Alcohol Concentration (BAC) reading was over 0.15
- Whether an accident, injury or death resulted from the defendant’s actions
- Whether an open container was found in the vehicle
- Whether a child was present at the time of the DWI arrest
DUI Vs DWI in Texas
In some states, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably but there is an important distinction in Texas.
DWI charges are brought against adults who drive over the legal alcohol limit or are impaired by alcohol or drugs. DUI refers to a minor (under the age of 21) who operates a vehicle with any impairing agent in the bloodstream (the legal alcohol limit for minor drivers is zero).
Can you be charged with a DWI for refusing to provide a sample?
The City of San Antonio has a “No Refusal” policy, whereby a driver who refuses to provide a breath or blood sample can be forced to provide that sample by the authorities.
What are the penalties for a DWI conviction in San Antonio?
San Antonio DWI charges may result in jail time, fines, and license suspensions. Besides this, a lifelong criminal record can affect employment, college admission, travel, immigration status, gun ownership rights, insurance premiums, and even parental rights.
Penalties for a first DWI offense
A first-offense DWI in San Antonio is a Class B misdemeanor that can result in:
- Up to six months in jail
- A $3,000 fine and court costs
- A driver’s license suspension
Jail time is unlikely for a first offender if no aggravating circumstances are present—especially with seasoned legal representation. However, probation can come with court-ordered classes and community service, alcohol monitoring devices compliance, and reporting to a probation officer.
First offenders with enhanced DWI convictions face tougher penalties and are less likely to enjoy any leniency. Some mandatory penalties apply:
- DWI 0.15+: a Class A misdemeanor incurring up to one year in jail and $6,000 in fines.
- DWI open container: requires six days in county jail.
- DWI with a child under 15: a felony considered the most serious first offense DWI with a state prison sentence highly likely.
- DWI causing injury or death: can be charged as a felony with a sentence of 2-20 years in a Texas state penitentiary.
Penalties for subsequent DWI offenses
A DWI second offense in Texas remains a misdemeanor offense unless aggravating factors are present. A term served in jail is far more likely than with a first offense.
The potential penalties for a conviction include:
- A license suspension of 180 days to two years
- Jail time of 30 days up to one year
- A fine of up to $4,000
- Driving with an ignition interlock device (in-car breathalyzer) for up to two years
A third offense DWI may be charged as a third-degree felony. A conviction can result in:
- 2-10 years in a state penitentiary
- A fine of up to $10,000
- Up to 10 years of community supervision
- A license suspension of up to two years
How do you beat a DWI in San Antonio?
The penalties for a DWI conviction are harsh but a charge is not the same as a conviction.
Pleading guilty is rarely (if ever) the best option. Many DWI cases are dismissed. To improve the chances of beating your DWI, enlist the services of a seasoned DWI lawyer like Justin M. Fowlks, who has a deep understanding of the Texas DWI laws and potential prosecution weaknesses.
After reviewing the evidence, one of the following defense strategies may be used:
- An illegal stop: your legal/constitutional rights were breached, often leading to the collapse of the prosecution’s case.
- Poorly administered tests: if officers are not correctly trained in using the field sobriety tests, the evidence gathered may be inadmissible.
- Poorly calibrated equipment: if blood and breath tests were performed with incorrectly calibrated or maintained equipment, the evidence can be discarded.
Other defenses to DWI charges are possible but these are the most commonly used.
What other cases does Fowlks Law Firm handle?
As well as DWI cases, Fowlks Law Firm can assist with:
Car accident injury claims
If you’ve been injured in a car accident in San Antonio and need to make a personal injury claim, Fowlks Law Firm will help you hold the responsible party accountable and push for the compensation you deserve for your injuries.
Truck accident injury claims
If you were injured in a truck accident caused by a third party in San Antonio, Fowlks Law Firm will handle every aspect of the case—regardless of how complex it is—until you receive the maximum possible recovery.
Contact Fowlks Law Firm For a Free Consultation Today
Fowlks Law Firm is available for a free consultation to discuss the details of your case and advise you of your legal options.
