Let Former Prosecutors Protect Your Future
Getting charged with a DWI in Texas can change your life forever and have long-lasting consequences. If you find yourself facing a DWI arrest in San Antonio, Texas, and haven’t yet hired a skilled attorney experienced in first-time DWI defense, it is important that you do so as soon as possible.
If the police believe you are operating a motor vehicle while intoxicated, you will likely be charged with a Class B misdemeanor as a first-time offender. You may face up to $3,000 in fines and up to six months in jail if convicted.
Further, a DWI conviction can seriously affect your personal and professional life. At Austin Hagee Law Firm, PLLC, we fight aggressively to defend clients who are charged with a DWI in Texas.
Whether you are arrested for a first-time DWI or subsequent offense, our team of experienced San Antonio criminal defense lawyers are ready to fight for your rights.
To schedule a free consultation or to speak with one of our skilled DWI defense attorneys in Texas, call 210-500-3700 or contact us online.
First DWI Charges in Texas
Even though driving while intoxicated is a common crime in Texas, it carries severe penalties.
Texas law Sec. 49.04 defines driving while intoxicated:
- A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
- Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
- If it is shown on the trial of an offense under this section that at the time of the offense, the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
- If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
If you are a first-time offender, you must seek legal help. With the right San Antonio DWI Attorney by your side, you may be able to have the charges reduced or dismissed, saving yourself jail time, fines, and a criminal record.
First DWI Penalties in San Antonio
Texas has little tolerance for anyone who drinks and drives.
Even if it is your first DWI offense, you face the following penalties:
- Up to 180 days in jail
- Up to $2,000 in fines
- Mandatory attendance at DWI school and alcohol or drug education program
- Up to one-year suspension of driver’s license
- Community supervision
- Up to 200 hours of community service
- Annual Texas Department of Public Safety (DPS) Driver Responsibility Surcharge of $1,000 for three years
- Other court and administrative costs
Contrary to popular belief, DWI cases are not open and shut. With the right defense lawyer by your side, you can fight to have the charges reduced or dismissed.
First DWI defense in San Antonio
- Inaccurate alcohol concentration — Chemical testing may be flawed if materials and equipment is not handled and used properly. Further, behaviors such as burping can increase the alcohol level in your breath and provide an inaccurate reading. Blood tests are also not infallible.
- No probable cause — Police must have probable cause to stop your vehicle in the first place. If you are driving too slowly, have tinted windows, or swerve within your lane, law enforcement may not have probable cause to arrest you.
- Police procedure errors — DWI arrests must be handled properly by law enforcement officers. If police fail to read you your Miranda rights, fail to observe you for 15 minutes before issuing a breath test, or fail to record certification tests of breath machines, your case may be thrown out.
- Field sobriety test problems — Police officers love using field sobriety tests to determine if a driver is intoxicated. However, the problem with these tests is that they are well known to be inaccurate. If the driver in question is elderly, injured, or suffering from a disease or disorder, they may be unable to abide by an officer’s instructions to raise their hand, stand on one leg, etc.
- Testing issues — Lastly, there may be problems with testing — errors in administering the test to you, issues with how blood samples are handled, or improper calibration of breath testing machinery.
In Texas, a DWI conviction is a life-changer. However, with an experienced defense attorney in your corner, you can increase your chances of having the charges reduced or dropped.
Find San Antonio’s First DWI Defense Attorney
At Austin Hagee Law Firm, PLLC, we work tirelessly to protect the rights and future of Texans accused of driving while intoxicated. Our skilled legal team is ready to take your case if you face charges for a first, second, or third DWI.
As former prosecutors, we have a deep understanding of the criminal justice system. Let us use our knowledge and skill to help you fight back. Call 210-500-3700 or contact us online to schedule a free consultation to speak to an experienced DWI defense attorney today. Payment plans are available.