San Antonio DWI Attorney
Aggressive DWI Representation in Bexar County
Facing charges of drinking and driving can impact every part of your life. A conviction affects your ability to drive, find or keep employment, secure affordable insurance, and maintain your personal relationships.
Don’t let a wrongful DWI conviction damage your reputation and character—let our dedicated DWI lawyer in San Antonio advocate for you. At The Law Office of John J. Fox, we build aggressive, personalized strategies to defend individuals accused of driving while intoxicated. Attorney Fox has been rated Superb by Avvo, which stands as one of the most reputable web services in the legal industry.
This recognition reflects his commitment to ensuring that criminal charges, including DWIs, do not undermine the rights and futures of his clients. We offer free case evaluations to all prospective clients. Schedule your consultation today!
Are you facing DWI charges in Texas? Call The Law Office of John J. Fox today at (210) 460-1221 or contact us online to schedule your free consultation with a trusted DWI lawyer in San Antonio!
Texas DWI Laws & Your Rights
Across the United States, a person is considered intoxicated if their blood alcohol content reaches 0.08% or higher. If 0.08% or more of your blood is alcohol, you are considered “over the limit” for drinking and driving.
Texas Penal Code §49.04 states that a person can be accused of DWI if they drive while intoxicated in a public place. This offense is usually charged as a Class B misdemeanor for a first-time DWI in San Antonio. However, several factors can increase the charges and penalties.
In San Antonio, the following factors may enhance DUI penalties:
- A prior DWI conviction in Texas or another state
- An open container of alcohol in the vehicle
- A blood alcohol content of 0.15% or higher
- Having a child under the age of 15 in the vehicle
San Antonio police regularly set up sobriety checkpoints in high-traffic areas around the city, especially during holidays and major events. If you drive through downtown or near major venues, you may encounter officers conducting tests and screenings under Texas DWI laws. Understanding your rights during these encounters can help you avoid making statements or decisions that may later harm your defense.
San Antonio DWI Penalties & How to Avoid Them
Penalties for DWI charges in San Antonio can vary based on your case and criminal history. For a Class B misdemeanor DWI conviction, the minimum jail time is 72 hours, with a maximum of 180 days and a fine of up to $2,000. Penalties increase significantly for repeat offenses, high blood alcohol content, or cases with children in the vehicle. Judges in the Bexar County court system routinely consider aggravating and mitigating factors when determining sentences.
Besides fines and jail time, people convicted of DWI may face mandatory alcohol education programs, community service, or court-ordered ignition interlock devices on their vehicles.
For the latest news and information about DWIs in San Antonio, visit our DWI blog.
Strategies to Fight Your DWI Charge in San Antonio
What should you do if you have been arrested on suspicion of felony DWI, multiple DWI, or underage DUI/DWI?
- You can challenge evidence and work toward reducing or even dropping charges. Attorney Fox has been trained with the National Highway Traffic Safety Administration and has been a certified standardized field sobriety test practitioner since 2006. This is the same training law enforcement officers receive for detecting intoxicated drivers. This knowledge is critical when building your defense. If police make errors administering or interpreting your field sobriety test, we can challenge the evidence against you.
- You can also contest the accuracy of breath and blood tests. If law enforcement did not properly calibrate the device or delayed administration of the test, your case may be dismissed. If a warrant was used for a blood draw, we thoroughly review it for any defects.
- If law enforcement violated your rights at the traffic stop, such as by pulling you over or arresting you without proper cause, your charges could be dropped.
Every DWI case presents unique challenges. In San Antonio, the details of how an arrest occurred—where you were stopped, who the arresting officer was, and how evidence was collected—can shape how your case proceeds through Bexar County courts. Our firm carefully reviews these circumstances, always considering local police and court practices. We stay current on changes in Texas DWI law that may impact your defense and use that knowledge to build the strongest legal strategy possible.
The DWI Arrest Process in San Antonio
A DWI arrest in San Antonio often begins with a traffic stop. If an officer suspects intoxication, they may conduct field sobriety tests—such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus (eye test). These tests are designed to measure coordination and attention but can be subjective and influenced by nerves, fatigue, or medical conditions.
If the officer believes there’s probable cause, you may be asked to take a breath or blood test to measure blood alcohol concentration (BAC). Refusing testing can trigger an automatic driver’s license suspension under Texas’ “implied consent” law (Texas Transportation Code §724.015).
Those arrested are usually taken to the Bexar County Adult Detention Center for booking and processing. There, you’ll receive paperwork explaining your charges, court date, and rights.
What to Do After a DWI Arrest
The hours and days immediately after an arrest are critical:
- Read all paperwork carefully. It includes court dates and important notices about your driver’s license.
- Act fast to protect your license. You have only 15 days from your arrest to request an ALR hearing.
- Do not skip court. Missing a hearing can result in a warrant for your arrest.
- Contact a local San Antonio DWI attorney right away. An experienced lawyer can guide you through both the criminal and administrative processes, protecting your rights at every step.
Prompt action can make a major difference in your defense and your ability to keep driving legally.
Administrative License Revocation (ALR) Hearings & Protecting Your Driver’s License
In Texas, a DWI arrest triggers two separate cases: one in criminal court and another administrative case with the Texas Department of Public Safety (DPS). The administrative case—called the Administrative License Revocation (ALR) process—determines whether your driver’s license will be suspended.
You must request an ALR hearing within 15 days of your arrest. If you miss this deadline, your license will be automatically suspended 40 days after the arrest.
What Happens at an ALR Hearing
ALR hearings in Bexar County are typically held at DPS hearing offices or by videoconference before an Administrative Law Judge (ALJ). At the hearing, you or your attorney can:
- Question whether the officer had probable cause to make the stop or arrest.
- Challenge whether testing procedures were followed properly.
- Examine whether the results of a breath or blood test were valid.
- Highlight errors or violations of your constitutional rights.
Even though the ALR process is separate from your criminal DWI case, the outcome affects your ability to drive to work, school, or family obligations. Winning an ALR hearing can also strengthen your criminal defense by exposing weaknesses in the state’s case early on.
Taking immediate action with a qualified San Antonio DWI lawyer ensures your rights are protected and that every possible defense is explored.
The Impact of a DWI Conviction on Daily Life & Future Opportunities
A DWI conviction in San Antonio can have lasting effects that reach far beyond the courtroom. The legal penalties are serious—fines can reach up to $2,000 for a first offense, and jail sentences can extend to 180 days, with even harsher consequences if your blood alcohol concentration was above 0.15%. In addition, your driver’s license may be suspended for anywhere from 90 days to a full year, and you could be required to complete alcohol education programs or install an ignition interlock device on your vehicle.
Yet, it’s often the indirect consequences that cause the greatest disruption. A DWI conviction appears on your criminal record, which employers, landlords, and professional licensing boards in Texas can easily access. This can make it harder to secure a new job, renew certain professional licenses, or even find housing, particularly in competitive areas like San Antonio.
Insurance companies may also raise your premiums or cancel coverage altogether, and some travel opportunities can become more complicated. For instance, countries such as Canada may restrict entry for individuals with recent DWI convictions. These ripple effects can follow you long after your fines are paid or your sentence is complete, making it essential to take your defense seriously from the very beginning.
Because Texas does not automatically remove DWI convictions from a person’s record, early intervention is critical. Working with a San Antonio DWI lawyer who understands both the criminal process and the long-term consequences can help you pursue reduced charges, alternative sentencing options, or other strategies that protect your future.
Get a Free Consultation with a San Antonio DWI Attorney
If you are facing serious charges, contact a San Antonio DWI lawyer from our firm. Attorney Fox understands the science behind DWI cases and the law enforcement tests used. He knows the common issues and technical errors that can wrongly result in jail time for innocent individuals.
Contact The Law Office of John J. Fox today to start your defense with a skilled DWI attorney in San Antonio. For more answers, visit our DWI FAQ page.
Frequently Asked Questions
Should I get a lawyer after a San Antonio DWI arrest?
In order to ensure that your license is not automatically suspended by DPS, it is very important that you contact an attorney within 15 days of the date of your arrest. Doing so will help protect your ability to drive, so please allow us to consult with you on your case today! We can represent you at your ALR license suspension hearing, and we will guide you through the entire DWI process.
Can I refuse a breath or blood test in Texas?
You can refuse, but it comes with consequences. Under Texas’s implied consent law, refusing a test leads to an automatic license suspension: 180 days for a first refusal and up to two years for repeat offenses. Your refusal can also be used as evidence in court.
Can a DWI be dismissed in San Antonio?
Yes, dismissals are possible when evidence is weak or procedures weren’t followed correctly. Your attorney may challenge the legality of the stop, the accuracy of the test results, or any violations of your constitutional rights.
Can I get a DWI sealed or expunged in Texas?
In some cases, yes. If your DWI case was dismissed or you were found not guilty, you may be eligible for expungement. Certain first-time offenders who received a deferred adjudication may qualify for an order of nondisclosure, which seals the record from public view.
Do I have to appear in court for my DWI charge?
Usually, yes. Most DWI defendants must attend their scheduled court hearings in person, although your lawyer can sometimes appear on your behalf for procedural matters. Missing a court date can result in a warrant for your arrest.