San Antonio DWI Defense Attorney

Knowledgeable & Aggressive DWI Defense in San Antonio, TX

Texas residents facing DWI charges may feel as if their entire life is on the line. When faced with a DUI or DWI charge, there are can be serious consequences not only in court, but also in a person’s family and social life, along in one’s professional career. A DWI can have an impact on your reputation, ability to get hired for a job in the future, and even your parental rights in some cases. It’s important to protect your legal rights and freedom after being charged with a DWI or DUI.

Our San Antonio DWI lawyer at The Law Office of Dr. E.R. Báez, P.C. has been helping Texan residents fight their DWI/DUI charges since 2005. When you hire our firm, you can be confident that you will receive dependable DWI defense, and that we will work to get the charges reduced or dismissed altogether. If you’re looking for a DWI attorney in San Antonio who has the necessary experience in representing you for your DUI/DWI charge,

Contact Attorney Dr. Báez at (210) 361-1112 for an initial consultation to discuss your case.

What is Considered a DWI in Texas?

In Texas, a person can be charged with driving while intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated. According to Texas Penal Code § 49.04, intoxication is defined as:

• Having a blood alcohol concentration (BAC) of 0.08% or higher
• Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both

Law enforcement officers may determine intoxication through field sobriety tests, breathalyzer tests, or blood tests. However, just because you have been charged does not mean you are guilty.

DWI Penalties in Texas

The consequences of a DWI conviction in Texas can be severe and have long-lasting effects on your life. The penalties vary depending on the number of prior offenses and other aggravating factors. Below is a general breakdown of DWI penalties in Texas:

First Offense

• A fine of up to $2,000
• Jail time ranging from 3 to 180 days
• License suspension for up to one year
• An annual surcharge of up to $2,000 for three years to retain your driver's license

Second Offense

• A fine of up to $4,000
• Jail time ranging from 30 days to one year
• License suspension for up to two years
• Mandatory installation of an ignition interlock device (IID)

Third Offense

• A fine of up to $10,000
• Prison sentence of 2 to 10 years
• License suspension for up to two years
• Possible felony conviction on your record

If a DWI offense involves an accident resulting in serious bodily injury (intoxication assault) or death (intoxication manslaughter), the penalties become even more severe, including extended prison time and increased fines.

Common Defenses Against a DWI Charge

A strong defense can significantly impact the outcome of your DWI case. Some common defense strategies include:

• Lack of Probable Cause: If the officer did not have a valid reason to stop you, the entire case may be dismissed.
• Improper Administration of Sobriety Tests: If the field sobriety test was not conducted properly, the results may be invalid.
• Inaccurate BAC Test Results: Breathalyzer or blood test errors can lead to unreliable results, which can be challenged in court.
• Medical Conditions or Other Factors: Certain medical conditions, medications, or even diet can affect BAC test results, leading to false positives.

Each case is unique, so it's crucial to consult with our San Antonio DWI attorney who can provide guidance based on the specifics of your situation.

Will My Texas License Be Suspended If I’m Arrested For DWI?

Administrative License Revocation, or ALR, is a process by which the Texas Department of Public Safety can suspend a driver’s license after they have been arrested for DWI. If you do not submit to a breath or blood test, or if your results are.08 or higher, your license may be suspended. When you are charged with DWI in Texas, the officer is required to take your license and issue you a Notice of Suspension (a 40-day temporary permit).

You have only 15 days from the date of the suspension notice to request an ALR Hearing.

How We Can Help

If you have been arrested for a DWI, having an experienced San Antonio DWI attorney from The Law Offices of Dr. E.R. Baez, P.C. on your side can make all the difference. Our legal team provides comprehensive defense strategies, including:

• Challenging Field Sobriety Tests: Field sobriety tests are often subjective and prone to errors. We will assess whether the test was administered correctly and challenge any inconsistencies.
• Questioning the Validity of Chemical Tests: Breathalyzer and blood tests can be flawed due to improper calibration, contamination, or procedural errors. We will scrutinize the testing process to determine if the results are reliable.
• Protecting Your Constitutional Rights: If law enforcement officers violated your rights during the traffic stop, arrest, or interrogation, we will work to have improperly obtained evidence suppressed.
• Negotiating for Reduced Charges: Depending on the circumstances, we may be able to negotiate with the prosecution for reduced charges, such as reckless driving, to minimize the impact on your record.

Call (210) 361-1112 or contact us online today to let us defend you immediately!