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San Antonio DWI Lawyers

• 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 prosecutoršs efforts to secure evidence to convict you .
• Alan Warrick: An appellate court has authority to render several types of decision with regard to an appeal. The appellate court may affirm a judgment of a trial court, may reverse the decision of the trial court, or it may reform the decision of the trial court. The appellate court may also dismiss an appeal, may abate an appeal, or it may grant or deny a rehearing of its decision.
• Laura Heard:

  There are many tools available to an experienced attorney, for example:

  • Demonstrating the charges are false
  • Plea bargaining the charges to a lesser level
  • Requesting deferred adjudication
  • Requesting a non-disclosure order (sealed records)
  • Requesting expungement of your record
• Sam Lock:

  Texas law treats those accused of Driving While Intoxicated harshly. A first time DWI offender faces a possible license suspension by the Texas Department of Public Safety, a maximum fine of $2,000 and up to 180 days in jail. Those individuals with prior convictions for D.W.I. face even stiffer penalties. Even bonding subsequent offenders out of jail before the initial court date becomes a dicey proposition in some cases. A third D.W.I. offense may be charged as a third degree felony, carrying a penalty of up to ten years in prison and a $10,000 fine.

  Know Your Rights

  1. Right to Remain Silent - You have a right to remain silent. You do not have to answer any questions that a police officer asks you during a DWI encounter. You are being videotaped. Everything you say and do could potentially be seen by a jury deciding your fate.
  
  
  
  2. Breath and Blood Tests - You have a right to refuse blood and breath tests offered to you by law enforcement. You are not required to blow into the hand-held device that some officers now carry. This hand-held device has not met the criteria required to be admissible in court. There is no criminal penalty for refusing a blood or breath test. There is a potential driver's license suspension for refusal to provide a "breath specimen." If you elect to refuse, do so politely. Remember, you are being filmed.
  
  
  
  3. Possible Suspension of Driver's License - These days, an arresting officer is legally authorized to literally take your license away from you at the station because he suspects you are Driving While Intoxicated. He is required to issue you a Temporary Driving Permit. In the slew of papers you receive upon release from jail, there is a form that attempts to explain that you have a right to a hearing regarding the suspension of your driver's license. YOU OR YOUR LAWYER MUST REQUEST THIS HEARING WITHIN 15 DAYS OF YOUR ARREST DATE or the hearing is waived and your license will be suspended automatically. This hearing can be invaluable in the litigation of your case.
  
  
  
  4. The Right to a Jury Trial - You have a right to a lawyer, a jury trial and a presumption of innocence. You are innocent UNLESS proven guilty. For many individuals accused of D.W.I., this experience is the first with the legal system. There is no guarantee of probation after a jury trial, but most misdemeanor D.W.I. cases result in probation, even after jury trial. You and your lawyer should approach your case as one that needs to be tried. Each case must be assessed individually, of course. But, the D.W.I. defendant is uniquely situated in the world of criminal law. D.W.I. is an opinion crime and many times a jury of one's peers is required to sort out fact and fiction.

• Marina Douenot: Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI).
• Tylden Shaefer: Driving while intoxicated is a very serious offense that can greatly affect your life and your livelihood. Due to tragic alcohol-related accidents and fatalities, the DWI laws continue is get tougher and tougher every year. The stigma of having such an offense on your record can follow you throughout your life. If you are charged with a DWI, you will need an experienced and dedicated attorney at your side. First, a conviction for DWI is a final conviction. This is true whether it is your first offense or your third offense. The conviction will always be on your record. You cannot erase or expunge it from your record once you are found guilty. Second, beyond paying a fine and most likely serving time on probation, you will face mandatory classes and victim rights panels, community service and, in some cases, possible jail time as a condition of your probation. Third, Texas law now allows DPS to place a surcharge starting at a $1000 a year for three years on your drivers license. And fourth, a DWI conviction can cause job lose in some cases. Each case is different and each case requires careful attention to the clients needs and rights. You are urged to take great care in choosing an attorney who understands all of these things. Most people with a first DWI offense will not serve any jail time. However, a second offense carries jail time as a condition of any probation. Moreover, a third or subsequent DWI offense is a felony offense with a range of punishment between 2 to 10 years in the state penitentiary. Finally, if someone is seriously injured as a result of a DWI, the range of punishment is to 2 to 10 years in prison. If someone dies, the range of punishment increases to 2 to 20 years. This is true even if either of these last two cases is your first offense.