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DWI & DUI

DWI Attorney In San Antonio, Texas

San Antonio DWI Lawyer Helping You Stay Out Of Jail, Avoid Fines, & Keep Your Texas License

Have you recently been charged or arrested for DWI in San Antonio, Texas? If this is the case, it can be a difficult and perplexing situation. However, The Law Office of Dr. E.R. Báez, P.C. is here to help. Our DWI lawyer has been helping Texan residents fight their DWI/DUI charges since 2005.

When you hire DWI lawyer Báez, 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 Texas who has the necessary experience in representing you for your DUI/DWI charge, contact DWI Attorney Dr. Báez for a free consultation to discuss your case. 

Knowledgeable & Aggressive DWI Attorney in San Antonio

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 in San Antonio, Texas. 

At The Law Office of Dr. E.R. Báez, P.C., our DWI attorney takes pride in being one of the most trusted DWI and DUI defense attorneys in San Antonio, TX. Our DUI lawyer understands the difficult situation that these types of charges place on an individual. He is prepared to represent you in court to assist in helping you get your life back to normal. With our DWI attorney in San Antonio on your side, you’re in good hands.

DUI, DWI, & Drunk Driving — Are They The Same?

DWI is an abbreviation for “driving while intoxicated,” while DUI is an abbreviation for “driving under the influence.” Although these terms can mean the same as “drunk driving”, their use can still vary. In some states, only one of the first two is used. However, in states where both terms are used and prosecuted, such as here in Texas, they are frequently confused. It’s helpful to remember this mnemonic: You can only be charged with DUI if you’re under the age of 21.

This is determined by your blood alcohol concentration (BAC) to determine your ability to drive a motor vehicle. Adults accused of driving under the influence are charged with DWI (driving while intoxicated). If a person’s blood-alcohol level exceeds the legal limit, they face court appearances, penalties, and a lengthy battle to regain their driving privileges. If that person is also facing charges for an accident related to their DWI, the legal situation can become even more complicated and the penalties much stiffer. 

This is defined as driving with any detectable amount of alcohol in your system. In Texas, any presence of alcohol while a minor is driving a vehicle is considered DUI. It has nothing to do, contrary to popular belief, with driving under the influence of drugs. Minors who have alcohol in their system or appear to be driving while impaired are frequently charged with DUI in Texas (driving under the influence). A DUI can apply to a variety of situations and can result in license suspension, community service, and a significant fine. If you have been charged with DUI, talk to our DUI lawyer to see your options. If you want to learn more, our DUI Lawyer can provide you with more information about the DUI charges you are facing.

Which Is More Serious, DUI or DWI?

If you are charged with either DWI or DUI in San Antonio, Texas you should take it with equal seriousness, and it is not something you want to face alone. This is why we strive to be the most reliable DWI lawyer in San Antonio to help those in need. At The Law Office of DWI and DUI Attorney Dr. E.R. Báez, Jr., you can feel at ease knowing that you are provided with a formidable defense on your case.

DWI/ DUI Attorney Báez is familiar with the harsh penalties and stigma that accompany being charged with either of these crimes. He works hard for those facing DWI charges to ensure they are properly represented when they enter the courtroom.

What Do I Need To Know About Texas DWI Laws?

Residents convicted of a DWI in Texas face harsh, mandatory penalties. Underage and commercial drivers face even more stringent regulations. Individuals may also face charges if they are deemed too impaired to drive or if an open alcohol container is discovered in their vehicle. If a person operates a motor vehicle in a public place while intoxicated, he or she may be found guilty of driving while intoxicated. According to Texas Penal Code Annotated 49.01, a person is considered intoxicated if he or she no longer has normal control over his or her mental or physical faculties as a result of the consumption of drugs, alcohol, or a combination of those substances.

A chemical test result could also be used to determine whether or not a person is intoxicated. A Texas resident who is pulled over behind the wheel may be considered intoxicated if a chemical test reveals that his or her blood alcohol concentration (BAC) is .08 or higher. If a driver’s blood alcohol concentration (BAC) exceeds the legal limit, they will be arrested regardless of their ability to demonstrate normal motor skills. To determine if a driver is under the influence of alcohol or drugs, Texas law enforcement officers can use a variety of chemical tests. A breath test is typically used to determine BAC, but blood tests and field sobriety tests can also be used to determine if you have an excessive BAC. You can refuse to take those tests as a driver, but there may be consequences. For more information about chemical tests in San Antonio, Texas contact our DWI lawyer Dr. Báez.

Penalties for a DWI in Texas

The penalties for a drunk driving conviction are largely determined by the facts of the case, including whether or not the defendant has a prior DWI conviction. Other considerations include whether or not there were any injuries or property damage as a result of the DWI.

Some of the penalties in San Antonio, Texas for a convicted DWI charge include community supervision, community service, probation, drug and alcohol education courses, court fees, and fines are all some of the possible consequences.

If you refuse to take a chemical test after being arrested for DWI in Texas, your driver’s license will be automatically suspended. Furthermore, you could be brought before a judge and, if necessary, a warrant to require a blood draw could be signed. This is known as a No Refusal DWI.

You do have options if your driver’s license is suspended. You have the right to an administrative license revocation hearing at which you can contest the suspension. This is separate from the criminal charges, but you are still entitled to legal representation. Contact our San Antonio DWI lawyer for more information about administrative license revocation hearings.

How to Get a DWI Dismissed in Texas? 

Getting a DWI dismissed in Texas involves several legal strategies and considerations. 

Here are some potential approaches:

  • Challenge the Traffic Stop: If the officer did not have a valid reason to stop your vehicle, any evidence obtained during the stop might be inadmissible.
  • Question the Field Sobriety Tests: Field sobriety tests must be administered correctly. Any deviation from standard procedures can be challenged.
  • Examine the Breathalyzer Results: Breathalyzer machines must be properly maintained and calibrated. Inaccuracies in the machine or its operation can be grounds for dismissal.
  • Review the Arrest Process: Ensure that your rights were not violated during the arrest. Any procedural errors can be contested.
  • Negotiate with the Prosecutor: Sometimes, charges can be reduced or dismissed through negotiation, especially if there are weaknesses in the prosecution's case.
  • Seek Legal Representation: An experienced DWI attorney can identify weaknesses in the case and advocate for dismissal or reduction of charges.

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.

Have Questions?

We Have Answers!
  • “How do I find a recently arrested person in San Antonio?”

    Finding out where someone went after they were arrested can be difficult, and you may have to access websites online or make several phone calls. However, it can be a good start to visit the Magistrate’s Office Search Website to find information or call the Magistrate’s Office at 210-335-6111. If you have the inmate’s SID or System Identification Number you may call Central Filing (Misdemeanor Records) at 210-335-2238 or contact Felony Records’ District Clerk at 210-335-2591.

  • “Can I represent myself in a San Antonio criminal case trial?”

    San Antonio law allows you to represent yourself before the court under certain criteria. However, we highly advise against it. Do not risk your future! You need a criminal defense attorney who can protect your legal rights and has the necessary experience in providing an exceptional defense strategy on your behalf. Call our criminal defense firm to represent you for any criminal charges you may be facing.

  • “What is a bench warrant?”

    When a person fails to appear in court on a specific date after receiving a notice or order to appear, a bench warrant is usually issued. The person is subject to arrest once the warrant is issued.

    If you choose to represent yourself, the court would expect you to file the correct legal paperwork and follow the complicated court procedures in your criminal case. The judge could impose harsh consequences, such as barring you from filing an important motion, if you violate the rules.

If You Or A Loved One Is Facing DWI or DUI Charges In San Antonio, Texas...

Why is the ALR hearing important?

Your Administrative License Revocation hearing is important because it provides you with the ability to fight to get your Texas license back.

However, if you do not request this hearing, your Texas license suspension goes into effect on the 40th day after the date of your Notice. It’s important to note that if you do request a hearing, the temporary driving permit remains in effect until the set date of the final decision by the ALR judge.

The ALR is a separate civil proceeding that occurs that is different from the DWI criminal proceeding. Because of this, it is important that you hire a DWI attorney that can help you handle both in San Antonio, Texas. At the ALR hearing, DWI attorney Dr. Báez can request certain items that will provide him with details about your arrest and will give us some answers as to how the State of Texas will handle the criminal portion of your DWI arrest.

Suspended License? Our San Antonio DWI lawyer Can Arrange A Texas Occupational Driver’s License For You

If your license is suspended, our DWI lawyer in San Antonio can make arrangements for you to continue driving. A restricted license is issued to those who have had their regular license suspended or revoked for certain offenses. With an occupational license, you can drive non-commercial motor vehicles for work, school, or to perform essential household duties. 

 

To obtain an occupational license in Texas, you must meet certain requirements. These are some examples:

  • The petition, as well as a certified copy of the court order granting the occupational license
  • An original pink SR-22 insurance certificate. This is the only acceptable proof of insurance
  • An occupational license fee for a one-year or less license
  • If necessary, a statutory reinstatement fee for the Safety Responsibility suspension
  • If necessary, a statutory reinstatement fee for the Driver Improvement suspension
  • If required, a statutory reinstatement fee for the Administrative License Revocation (ALR); and
  • Before the issuance of the occupational license, all required reinstatement fee(s) must be paid.

Our DWI lawyer in San Antonio understands that driving is an essential part of life for many individuals. That is why at The Law Office of Dr. E.R. Báez, P.C., our DWI lawyer will work hard to keep your license from being suspended or to obtain an occupational license for you.

Whatever the circumstances, you must take a DUI or DWI charge very seriously. Mishandling your case can have long-term consequences.

An arrest for DWI can be a frightening and overwhelming experience. You may be unsure of your next step in the lengthy process. It is critical to understand that DUI and DWI charges in San Antonio, Texas require immediate attention from the moment you are pulled over. You have the right to hire experienced legal counsel to help you build a defense against the charges. Call The Law Office of Dr. E.R. Báez to speak with our DWI lawyer today to learn more about how we may be able to help with your DWI/DUI charges. 

Contact The Law Office of Dr. E.R. Báez, P.C. Today!

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