Driving While Intoxicated

Protecting Your License and Liberty in Hays County

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An arrest for Driving While Intoxicated (DWI) in or around San Marcos, Texas, is one of the most serious criminal charges an individual can face. Whether you were stopped near the Texas State University campus, on IH-35, or in the surrounding communities of Hays or Comal County, a DWI charge initiates two separate legal battles: a criminal case that threatens your freedom and a civil case that immediately endangers your driver’s license.

If you are facing a DWI charge, the clock is ticking. You have a limited time to act to protect your license and your rights. The dedicated DWI defense attorneys at Gordon Law PLLC have the experience and strategic insight to challenge the state’s case against you. We are ready to provide aggressive representation focused on defending your liberty and your future.

The Dual Threat: Criminal Charges and ALR License Suspension

A Texas DWI charge triggers two distinct legal processes:

1. The Criminal Case (Hays County Court at Law)

A first-offense DWI is typically a Class B Misdemeanor, but the potential penalties are severe:

• Jail Time: Up to 180 days in the Hays County Jail (with a mandatory minimum of 3 days).
• Fines: Up to $2,000 (plus potential state surcharges of up to $6,000).
• Probation: Up to two years, requiring mandatory DWI education classes, community service, and potential ignition interlock device (IID) installation.
• Criminal Record: A permanent mark that impacts employment, insurance, and professional licensing.

Penalties are enhanced to a Class A Misdemeanor (up to 1 year in jail, $4,000 fine) if your Blood Alcohol Concentration (BAC) was 0.15% or higher, or if an open container was present. A DWI with a passenger under 15 years old, or a second or third offense, can result in felony charges.

2. The Administrative License Revocation (ALR) Hearing

Your driver’s license is automatically suspended 40 days after your arrest if you either failed or refused a chemical test, unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing is crucial, as it’s a separate chance to prevent the automatic suspension of your driving privileges. At Gordon Law PLLC, we aggressively handle both the criminal case and the time-sensitive ALR hearing to protect your ability to drive.

Building a Powerful Defense Against DWI Allegations

The prosecution’s case relies heavily on the testimony of the arresting officer and the results of chemical and Field Sobriety Tests (FSTs). An effective DWI defense attorney will challenge these key pieces of evidence:

• Challenging the Initial Stop: Was the traffic stop constitutional? Police must have reasonable suspicion to stop you. If the stop was illegal, any evidence obtained afterward, including the breath test, may be thrown out.
• Invalid Field Sobriety Tests (FSTs): FSTs are highly subjective and can be affected by physical condition, fatigue, road conditions, and officer training errors. We scrutinize the video evidence to expose flaws in how the tests were administered and interpreted.
• Inaccurate Chemical Testing: Breath and blood tests are not infallible. We challenge the calibration and maintenance of the Intoxilyzer 5000, the proper storage and handling of blood samples, and the qualifications of the technicians who administered the tests.
• Rising BAC Defense: If your BAC was still rising at the time of the test, your actual BAC while driving may have been below the legal limit of 0.08%.
• Denial of Right to Counsel: If your rights were violated during the arrest or booking process, it could lead to the suppression of evidence.

A successful defense often means the difference between a life-altering conviction and a reduced charge or a dismissal.

DWI Arrests and the San Marcos Community

San Marcos, TX, with its large Texas State University population and proximity to major highways, has a high number of DWI and intoxication-related arrests. The Hays County District Attorney’s Office and local law enforcement are vigilant in prosecuting these cases. Having a defense attorney who knows the local tendencies and the strategies employed by the specific prosecutors and judges handling your case in the Hays County Government Center is invaluable. Gordon Law PLLC provides that localized, strategic advantage.

Secure Your Future: Contact Gordon Law PLLC

A DWI charge doesn’t have to ruin your life. With strategic, proactive legal representation, you can fight to protect your record, your driver’s license, and your future opportunities. The defense attorneys at Gordon Law PLLC are committed to delivering the strongest possible defense for clients in San Marcos, New Braunfels, Kyle, and surrounding areas.

Take control of your situation today. Contact Gordon Law PLLC for a free, confidential consultation. We offer flexible payment plans because we believe everyone deserves a vigorous and dedicated defense.

Contact Gordon Law PLLC

Gordon Law PLLC 600 W. 28th Street, Suite #106A

Austin, Texas 78705

512-678-9333 (WEED)

We offer free consultations and flexible payment plans.

Legal Disclaimer: The content of this article is for informational purposes only and is not legal advice. It is not a substitute for consulting with a qualified attorney regarding your specific situation. Reviewing this information does not create an attorney–client relationship between you and Gordon Law PLLC.