DWI Lawyer in San Antonio

Former Prosecutor with More Than 20 Years of Criminal Trial Experience

Many people assume that driving while intoxicated means drunk driving. Although alcohol is involved in many arrests, DWI can also involve impairment alleged to result from drugs or a combination of substances. Under Texas law, intoxication may mean not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance introduced into the body. It may also mean having a blood alcohol concentration of 0.08 or more.

After a DWI arrest in San Antonio, you may need to address questions about bail bonds and seek legal guidance promptly. A DWI allegation can create both a criminal case and a separate driver-license matter, with concerns involving a traffic stop, field sobriety tests, breath testing, blood testing, or an alleged refusal. The consequences can include fines, jail time, driver-license consequences, and effects on work and family life.

Have you been arrested for a DWI in Texas? Call Law Office of Derek W. Emmons, P.C. today at (210) 702-3054 or contact us online to schedule a free, private consultation with our DWI attorney in San Antonio.

Understanding Texas DWI Laws

In Texas, it’s illegal to drive or operate a motor vehicle while intoxicated. The state can rely on a blood alcohol concentration of 0.08 or higher, but a prosecutor doesn’t need a breath or blood result alone to allege impairment. Officer observations, driving behavior, field sobriety tests, and other evidence may also be part of the case.

Driving while intoxicated includes more than impairment from alcohol and illegal drugs. Prescription medication, over-the-counter medication, controlled substances, and combinations of substances can also be relevant to an intoxication allegation.

For many drivers in and around San Antonio, including those stopped on I-10, Loop 1604, or near Downtown, a DWI arrest is their first encounter with the criminal justice system. Texas law can be confusing because the legal limit isn’t the only way the state can try to prove impairment, and officers may rely on roadside observations even when a breath or blood result is close to 0.08. We review police reports, witness accounts, and testing-related materials to assess the evidence and explain what to expect in Bexar County criminal courts.

Penalties for DWI in Texas

The penalties for DWI can include jail time, fines, community supervision requirements, and driver-license consequences. The criminal charge and the Administrative License Revocation process are separate matters. A person who receives a notice of suspension after a DWI arrest generally has 15 days to request an administrative hearing, so it’s important to address that deadline promptly.

Potential criminal penalties can include:

• First Offense When BAC Is Less Than 0.15%
  • Up to $2,000 in fines
  • From 72 hours to 180 days in jail
  • Possible driver-license consequences
  • Possible community supervision requirements
  • Possible community service
• First Offense When BAC Is 0.15% or Higher
  • Up to $4,000 in fines
  • Up to one year in jail
  • Possible driver-license consequences
  • Possible community supervision requirements
  • Possible community service
• Second DWI Offense
  • Up to $4,000 in fines
  • From 30 days to one year in jail
  • Possible driver-license consequences
  • Possible community supervision requirements
  • Possible community service

First-time and repeat DWI charges can carry different consequences depending on the allegation, prior convictions, blood alcohol concentration, and other statutory facts. We review the specific charge and available records with each client rather than assuming every case follows the same path.

How Our Firm Handles DWI Cases in San Antonio

When you come to us after a DWI arrest, we start by reviewing the details of your stop, your interaction with law enforcement, and any field sobriety, breath, or blood tests that were given. We examine whether there was reasonable suspicion for the stop, probable cause for an arrest, and whether the officer followed required procedures. We also review testing records, evidence handling, and the facts from your point of view to build a case-specific defense.

We conduct independent witness interviews and review police reports for procedural errors by law enforcement. Depending on the facts of your case, the reason for the traffic stop, field sobriety-test conditions, and the way a breath test or blood test was administered may all warrant close scrutiny. Our review isn’t limited to a generic checklist.

Separate License Process & Case Options

We also guide you through the separate administrative license process while the criminal case is pending in Bexar County courts. The criminal case and license process can proceed on separate tracks, with different hearings and deadlines. We explain the issues involved so you can make informed decisions about your record, driving privileges, and next steps.

We explain the potential consequences of a plea, motion practice, diversion or treatment-based options when legally available, and trial. Our DWI defense work is handled directly by Derek W. Emmons, who brings more than 20 years of criminal trial experience and familiarity with San Antonio judges, prosecutors, and local procedures.