Driving While Intoxicated

Fighting Driving While Intoxicated Charges in Bexar County

The Serious Consequences of a San Antonio DWI Charge

A charge of Driving While Intoxicated (DWI) in San Antonio, Texas, is a serious legal challenge that can profoundly affect your life, liberty, and driving privileges. Whether you were arrested by the San Antonio Police Department (SAPD) on the I-10 or pulled over by the Bexar County Sheriff’s Office, a DWI case in Bexar County is complex and involves both a criminal prosecution and a separate administrative battle to save your driver’s license.

If you are facing a DWI charge, the immediate, informed action of a skilled San Antonio DWI defense attorney is non-negotiable. Gordon Law PLLC is dedicated to challenging the evidence against you and protecting your rights throughout the entire process.

DWI Law in Texas: The Definition and Penalties

In Texas, you can be charged with DWI if you operate a motor vehicle in a public place while intoxicated. Intoxication is defined as:

1. Not having the normal use of your mental or physical faculties due to alcohol or drug consumption; or
2. Having a Blood Alcohol Concentration (BAC) of 0.08% or greater.

The penalties for a DWI conviction in Texas escalate significantly with each subsequent offense:

Additional factors can increase the penalties: a DWI with a child passenger (under 15) is a State Jail Felony, and an intoxicated offense resulting in serious bodily injury or death is classified as Intoxication Assault or Intoxication Manslaughter, respectively. Furthermore, a BAC of 0.15 or higher on a first offense elevates the charge to a Class A Misdemeanor.

The Two-Front Fight: Criminal Case and ALR Hearing

A DWI arrest in San Antonio triggers two distinct legal processes you must address simultaneously:

1. The Criminal Case (Bexar County Court)

This is the court case where the State of Texas attempts to prove your guilt beyond a reasonable doubt. Your attorney will scrutinize all the evidence, including:

• The Initial Stop: Did the officer have “reasonable suspicion” to pull you over? If the stop was unlawful, all subsequent evidence may be suppressed, often leading to a dismissal.
• Field Sobriety Tests (FSTs): These are subjective and can be compromised by medical conditions, road conditions, or improper administration by the officer. You have the right to refuse FSTs.
• Breath and Blood Tests: BAC testing is not infallible. An attorney can challenge the calibration of the breathalyzer (like the Intoxilyzer 9000), the chain of custody for a blood draw, or whether the test was administered properly. You have the right to refuse a breath or blood test, though a refusal carries its own administrative penalties.

2. The Administrative License Revocation (ALR) Hearing

This is a civil proceeding to determine if your driver’s license should be suspended. You have only 15 days from the date of your arrest to request an ALR hearing, or your license will be automatically suspended. An attorney from Gordon Law PLLC can represent you at this hearing, which also serves as a critical opportunity to question the arresting officer under oath—valuable discovery for the criminal case.

Key DWI Defense Strategies for San Antonio Clients

Effective DWI defense often involves challenging the four pillars of the prosecution’s case: the stop, the field tests, the chemical tests, and the definition of “intoxicated.”

• Challenging “Intoxication”: We investigate whether a medical condition (such as diabetes or acid reflux), fatigue, or even non-alcohol/drug-related factors could explain poor performance on FSTs or a high BAC reading.
• Questioning the Evidence: Was the blood sample contaminated? Was the breath test machine correctly calibrated and maintained? Did the officer follow all mandated protocols?
• Negotiating Alternatives: Depending on the facts and the client’s history, we may be able to negotiate a reduction of the charge, such as to an obstruction of a highway, or a deferred adjudication probation which may offer a path to eventual record non-disclosure.

Your San Antonio DWI Defense Starts Now

The clock begins ticking the moment you are arrested for DWI in Bexar County. Protecting your driving privileges and your freedom requires an immediate and aggressive defense.

At Gordon Law PLLC, we understand the stress and uncertainty you’re facing. We offer free consultations to review the specifics of your DWI case and discuss a tailored defense strategy. We also provide flexible payment plans to ensure expert legal help is available when you need it most. Don’t face the Bexar County courts alone.

Contact our office immediately to begin building your defense.

Gordon Law PLLC

600 W. 28th Street, Suite #106A Austin, Texas 78705

512-678-9333 (WEED)

Legal Disclaimer: The content of this article is intended for informational purposes only and does not constitute legal advice. The information provided is general in nature and may not apply to your specific legal situation. Viewing this content or contacting Gordon Law PLLC does not create an attorney–client relationship. You should consult with a qualified criminal defense attorney to discuss the specific facts of your case.