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San Antonio DWI Lawyers

• Garza, JD: Thousands of people are unfairly convicted of crimes. Why? Because the system puts you at a disadvantage. You are up against experienced, government funded prosecutors and juries that are eager to assume guilt. Without deep pockets and the right connections, most people simply cannot mount an adequate defense.
• Scott Steele: If you are charged with a DWI you should contact an attorney as soon as possible. If your driver's license was suspended at the time of arrest, you will have 30 days to request an Administrative License Revocation hearing, or ALR hearing. If you do not request that hearing within 30 days, your license will be suspended, and you will not be able to drive. Driving after your license is suspended is itself a class B misdemeanor offense. Texas law defines the offense of DRIVING WHILE INTOXICATED as follows: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Texas Penal Code sec. 49.04 "intoxicated" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more. The penalties for DWI in Texas: first offense: Class B misdemeanor. A first-offense conviction includes a fine not to exceed $2000.00 and/or the possibility of serving jail time from 72 hours to 180 days, and a driver's license suspension of 90 days to 1 year. second offense: Class A misdemeanor. A fine of not more than a $4000.00 and/or jail from 30 days to one year. You may also recieve a driver's license suspension of180 days to 2 years. third offense: Third degree felony. A fine up to $10,000.00 and/or 2 to 10 years in prison, and suspension of your driver's license of 180 days to 2 years. DWI with an open alcohol container: First offense is a class B misdemeanor: in addition to the penalty referenced above, punishment includes a minimum of 6 days in jail and a fine of no more than $2000.00 DWI included in an accident where serious bodily injury occurred as a proximate cause of the intoxication: Known as "intoxication assault" If convicted, punishment includes a minimum of 2 years in prison up to a maximum of 10 years in prison. There may also be a fine imposed up to $10,000.00. In most cases, you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine. A second DWI conviction may require you to serve 72 hours in jail as a condition of probation. If you are convicted of the intoxication assault and receive probation, a minimum of 30 days in jail must be served as a condition of probation.
• George Sharmen:

  What about the breath test?

  DON’T TAKE THEM.

  There are two kinds of breath tests: the road-side, hand-held test and the Intoxilyzer 5000 machine down at the station.

  The road-side test is inaccurate and not admissible in court, but the officer uses it to arrest you. He may even coax you to take it stating that it’s not admissible in court, but he will hold the results up to his video camera in the car for everyone to see. Some officers or troopers try to intimidate you into taking the test by insisting that you have no choice. Be polite, and stand your ground.

  The Intoxilyzer machine is kept at the station. The results of this test are admissible in court. It is a very sensitive machine. If you have had anything to drink you will probably fail it. The legal limit of .08 is very low for most adults. Additionally, your body varies wildly in alcohol concentration in the lungs over time based upon weight, the time of drinking, eating, the type of alcoholic beverage, the time of the last drink, the patter of drinking and many other factors. “Spiking” of alcohol concentration may occur for a few minutes and place you over the limit even when overall you are not at the limit.

  REMEMBER:

  Even though you are on trial for driving while intoxicated, a jury will convict you for TESTING while intoxicated.

  What must I do on the side of the road?

  If you have been drinking, DO NOT take ANY breath tests, either downtown or the hand-held test on the side of the road. These tests are highly sensitive. The hand-held test has not been found to be reliable enough to use in court, but the officer will use it to arrest you. Depending upon your weight, how much you drank, what you drank, when you drank and what you ate, the results of the breath test at the station vary widely. Your alcohol concentration can “spike” at a particular time for a period of just a few minutes and put you over the legal limit, even though overall you are below the limit. Too many things can go wrong with this test if you have been drinking. Don’t take it if you have been drinking.

  Do not take any field sobriety tests, including the “eye test.” Be respectful and polite to the policeman, but do not allow him to force you to take any tests. Most arrests occur late at night or early in the morning. If you have the odor of alcohol on your breath, the officer will not allow you to drive away. You are stopped and you are busted! Cooperation with his tests will not help you even if he says that you can help yourself by taking his tests. Even if you pass his tests, and people rarely do, he will arrest you and take you to jail for a breath test just to “be sure” that you are not drunk.

  Do not make ANY statements to the policeman about drinking BEFORE you have been arrested. These statements are automatically admissible in court. You do not have to lie. Simple remain silent. Your silence cannot be used against you.

  What must I do at the station ?

  -DO NOT TAKE ANY BREATH TESTS

  -ASK FOR A LAWYER IN THE VIDEO ROOM IMMEDIATELY AND REFUSE TO MAKE ANY STATEMENTS

  -STAND IN ONE PLACE AND POLITELY REFUSE TO MOVE AROUND

  -KEEP ASKING FOR A LAWYER, AND WHEN THE OFFICER TRIES TO GET YOU TO WALK AROUND, DON’T. IF HE SAYS THAT THERE IS A PHONE ON THE WALL TO CALL THE LAWYER, SAY ONLY “I WILL CALL HIM LATER.”

  -DO NOT WAIVE YOUR RIGHTS

  -DO NOT ANSWER ANY QUESTIONS

  -BE POLITE – KEEP YOUR MOUTH SHUT

  EVERYTHING that you say or do on the video is going to be used against you. Make sure that you behave in a polite and sensible manner. Remember that you are on video, they can’t do anything to hurt you. The officers are generally very professional, and they would not do anything to hurt you.

  What about my drivers license?

   The officer is going to confiscate your license. However, he cannot suspend it. If you request an administrative hearing within 15 days you license will not be suspended for several months, if at all. Even if your license is later suspended by a judge, you can obtain an occupation license. This license allows you to drive six days out of the week and during any 12 hours out of the 24 hours of those days. The schedule is mostly up to you.

  
  KNOW YOUR RIGHTS!

  1. You have a right to remain silent. That is, you do not have to answer any questions which a police officer asks you during a DWI encounter. Remember: everything you say (even things which you may think are helpful to you) will be used against you.
     
     
  2. You are not required to perform field sobriety tasks. If you believe that you may be intoxicated, a polite refusal to perform these tasks will benefit you greatly in the inevitable proceedings which will follow. Politely refuse and look down or away when the officer attempts to perform the "pen test" on your eyes. Remember: if it is after dark and you have the odor of an alcoholic beverage on your breath, the officer is going to arrest you whether or not you think you have passed the tests.
     
     
  3. You have a right to refuse a breath or blood test. You are not required to blow into the hand-held machine at the scene of the traffic stop. There is no penalty for this refusal. The results of this machine are not admissible in court. If you are asked to perform a breath test after you are arrested and while you are at the police station, you are not required to submit to this test. There is currently no criminal sanction for this refusal. However, there is a potential drivers license suspension sanction for a refusal.
     
     
  4. You have a right to a hearing before your license is suspended. Whether you fail a breath test or you refuse a breath test, the Department of Public Safety will attempt to suspend your drivers license. However, they are not always successful. You or your lawyer MUST request that hearing WITHIN 15 DAYS OF YOUR ARREST DATE or the hearing is WAIVED AND YOUR LICENSE WILL BE AUTOMATICALLY SUSPENDED.
     
     
  5. You have a right to a lawyer and a jury trial. Most people believe that they have hopeless cases, that a defense is too expensive, that most people lose their cases, and that a guilty plea is their best and cheapest option. All of these concerns are inaccurate assumptions, or just plain wrong! You are not in a position to judge your case, you need a lawyer.
     • Many lawyers now take credit cards or other means of payment.
     • Modern jurors are aware of the problems associated with police officers in traffic stops, and they find people not guilty in DWI cases every day.
     • There is very rarely a "hopeless" case. This is an evaluation which only can be made with the advice of counsel.
     • Probation means a criminal conviction which remains on your record for the rest of your life. You must pay a fine, pay court costs, do dozens of hours of community service, take psychological evaluations, report monthly to a probation officer who has the power to put you in jail for failures of your probation conditions, take urine tests, refrain from the use of alcohol and going to places where alcohol is served, and in some counties in Texas the judges will require you to serve a jail sentence as a condition of probation.
     • If it is your second DWI, the jury is ordinarily not allowed to know of your prior conviction. Since a prior offense is a punishment issue, going to the court for punishment effectively prevents the jury from knowing about your prior case when they determine your guilt or innocence.

  There are many other reasons why a guilty plea may not be the first and best option for a first or second DWI offender.

• Jorge G. Aristotelidis: When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities.
• Orr & Tiller: Although the civil side is often given less prominence than the criminal side, the penalties are equally severe. For first-time offenders, that fail the breath test the administrative license revocation is ninety days. For first-time offenders who refuse the breath test, the administrative license revocation is one hundred and eighty days. The suspension is automatic, unless the defendant requests an administrative license revocation (ALR) hearing within fifteen days of arrest.
• Carroll & Hinojosa: It is legal in all 50 United States to drive a car after drinking alcoholic beverages if you are over the age of 21 years. Despite this fact, drunk driving is one of the most politically controversial crimes, subject to constant lobbying by powerful groups such as Mothers Against driving while intoxicated (MADD). As a result, drunk driving is one of the most aggressively enforced crimes on the Texas books. What is drunk driving, driving under the influence (DUI) or driving while intoxicated (DWI)? Contrary to the term driving while intoxicated, one does not actually have to be drunk to be arrested and convicted of drunk driving. Texas law states that a driver only has to have lost the normal use of his mental or physical faculties by the introduction of alcohol, drugs, or a combination of both to be guilty of driving while intoxicated. This terminology creates a very ambiguous standard of measure that is subject to the subjective opinions of various jurors, judges and police officers. In Texas, as it is in most other states in this country, a driver is presumed to be intoxicated by alcohol if he has a .08 percent blood alcohol content (BAC). While DWI is not the most serious crimes prosecuted in Texas, it is one of the most aggressively prosecuted offenses and carries mandatory minimum punishments for convictions or pleas. It is important you understand all the various penalties and ramifications imposed against you in disposing of your DWI case. Despite the grim picture painted above, with proper representation, your likelihood of avoiding conviction for a DWI charge is quite good. Juries currently acquit DWI defendants in slightly over 50 percent of cases presented to juries. The most important step you can take to avoid a conviction in your DWI case is to consult with a qualified criminal defense lawyer immediately. As with any criminal case, early intervention helps to preserve evidence that may be favorable on your behalf and can lessen some of the prosecutorÕs efforts to secure evidence to convict you .