San Antonio DWI Attorney
DWI Defense Informed by Standardized Field Sobriety Testing Training
Facing a DWI allegation can affect your ability to drive, find or keep employment, secure affordable insurance, and manage personal obligations. An arrest can also create two separate matters: a criminal case and a driver-license proceeding.
At The Law Office of John J. Fox, we build personalized defense strategies for individuals accused of driving while intoxicated. Our review can include the traffic stop, field sobriety testing, chemical testing, arrest circumstances, and available records or video.
We offer free case evaluations to prospective clients. Our San Antonio DWI lawyer can help you understand the accusation, identify immediate deadlines, and prepare for the next step.
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 DWI lawyer in San Antonio.
Texas DWI Laws & Your Rights
Texas Penal Code Section 49.04 addresses operating a motor vehicle in a public place while intoxicated. An alleged blood alcohol concentration of 0.08% or more can be relevant evidence in an adult DWI case, but the evidence and legal issues in every case require individual review.
Under Texas Penal Code §49.04, prior DWI history, an alleged elevated blood alcohol concentration, a child passenger, or other facts can affect the classification and potential consequences of an allegation.
Factors that can affect a DWI allegation include:
- A prior DWI conviction in Texas or another state
- An open container of alcohol in the vehicle
- An alleged blood alcohol concentration of 0.15% or higher
- Having a child under the age of 15 in the vehicle
A traffic stop and DWI investigation can raise important questions about the stop, detention, arrest, search, seizure, and evidence collection. Understanding your rights can help you avoid making decisions without legal advice and preserve issues for our DWI attorney to review.
San Antonio DWI Penalties & Potential Consequences
Penalties for DWI charges in San Antonio can vary based on the alleged offense, criminal history, and facts of the case. A DWI conviction may involve fines, jail, driver-license consequences, or other conditions ordered by the court. Repeat allegations, an alleged elevated blood alcohol concentration, or a child passenger can lead to more serious consequences under Texas law.
Besides fines and jail time, people convicted of DWI may face alcohol education programs, community service, or court-ordered ignition interlock devices on their vehicles. The applicable penalties and conditions depend on the charge, the court, and the outcome of the case.
For the latest news and information about DWIs in San Antonio, visit our DWI blog.
Strategies to Fight Your DWI Charge in San Antonio
We review the evidence and legal issues in cases involving felony DWI, multiple DWI, and the distinct underage offense discussed on our underage DUI/DWI page.
- Review field sobriety evidence. Attorney Fox completed the National Highway Traffic Safety Administration Standardized Field Sobriety Test Practitioner Course in 2006 and a course update in 2018. He uses this training when examining how standardized field sobriety testing was instructed, administered, and interpreted. Road conditions, fatigue, medical issues, nerves, and officer interpretation can matter when reviewing this evidence.
- Examine breath and blood testing. Breath testing and blood testing may require review of collection, preservation, timing, testing methodology, documentation, warrants, and chain of custody. If a warrant was used for a blood draw, we review the warrant and related records for legal issues.
- Assess constitutional issues. We can examine whether law enforcement had a lawful basis for the stop, detention, arrest, search, or seizure. Probable cause means facts that could support a reasonable belief that an offense occurred, and whether it existed depends on the circumstances.
The details of the arrest and evidence collection can shape the available defense issues. We review those circumstances and build a personalized defense plan around the available evidence.
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.
If an officer believes there’s probable cause, you may be asked to take a breath or blood test to measure blood alcohol concentration. Refusing testing can lead to a proposed driver-license suspension under Texas law, and the effect of a request or refusal depends on the notice, test, prior history, and other case-specific facts.
Those arrested may be taken for booking and processing. You may receive paperwork concerning the allegation, release conditions, court settings, and driver-license notices.
What to Do After a DWI Arrest
The hours and days immediately after an arrest are important:
- Read all paperwork carefully. Keep citations, notices, test paperwork, bond documents, and court information.
- Review driver-license notices promptly. The applicable deadline depends on the notice and case type.
- Don’t skip court. Missing a required setting can result in serious consequences, including a warrant.
- Contact our San Antonio DWI attorney promptly. We can explain the criminal case and administrative process during a free case evaluation.
Bring every notice and document from the arrest to your consultation so we can check applicable deadlines and identify information to preserve.
Administrative License Revocation (ALR) Hearings & Protecting Your Driver’s License
In Texas, a DWI arrest can involve two separate matters: a criminal court case and an administrative case with the Texas Department of Public Safety. The administrative case, called the Administrative License Revocation (ALR) process, concerns a proposed driver-license suspension.
The deadline to request an ALR hearing depends on the notice and case type. Texas DPS states that many refusal cases require a hearing request within 15 days of service of the suspension notice, while certain blood-test failure cases use the notice process described by DPS. Missing an applicable deadline can affect your ability to request a hearing, so it’s important to have the paperwork reviewed promptly.
What Happens at an ALR Hearing
ALR hearings are handled through the State Office of Administrative Hearings before an administrative law judge. At the hearing, you or your attorney can address issues such as:
- Reasonable suspicion for the traffic stop
- Probable cause for the arrest
- Testing procedures and supporting documentation
- Breath or blood evidence supporting the proposed suspension
The ALR process is separate from the criminal DWI case, even when the matters involve some of the same evidence. Attorney Fox’s profile includes publications and seminars concerning Administrative License Revocation hearings, and we can review both matters with you during a free consultation.
The Impact of a DWI Conviction on Daily Life & Future Opportunities
A DWI conviction can have effects that reach beyond the courtroom. Depending on the conviction, sentence, and driver-license status, a person may face restrictions on driving, court-ordered programs, an ignition interlock device, or other conditions.
Employment, professional licensing, insurance, housing, immigration, and travel concerns can also depend on a person’s record and circumstances. A conviction may create questions that continue after the criminal case is resolved.
Texas doesn’t automatically remove a DWI conviction from a person’s record. Whether expunction or an order of nondisclosure is available depends on statutory eligibility and the disposition of the case. We provide one-on-one counsel and personalized attention to help clients understand the legal process and the issues that may affect their future.
Frequently Asked Questions
We address common questions about DWI allegations, driver-license matters, records, and court settings.
Should I Get a Lawyer After a San Antonio DWI Arrest?
You should seek legal advice promptly after an arrest because you may face both a criminal DWI case and a separate driver-license matter. Many ALR refusal cases require a hearing request within 15 days of service of the suspension notice, while certain blood-test failure cases use a different DPS notice process. We can review your paperwork, explain applicable deadlines, and represent you in the DWI process.
Can I Refuse a Breath or Blood Test in Texas?
You can refuse a requested test, but refusal can carry driver-license consequences under Texas law. Texas DPS may begin an ALR process after a refusal, and the potential consequence depends on the notice, test type, prior history, age, vehicle type, and other facts. A refusal may also become an issue in the criminal case.
Can a DWI Be Dismissed in San Antonio?
A DWI case can be dismissed in some circumstances, but no dismissal is automatic. The available defenses depend on the evidence, legal issues involving the stop or arrest, testing procedures, prosecutorial decisions, and other facts of the case. We review those issues carefully when developing a defense strategy.
Can I Get a DWI Sealed or Expunged in Texas?
Record-clearing options depend on the case disposition and current Texas eligibility requirements. Expunction and nondisclosure are different remedies, and neither is automatically available after a dismissal, acquittal, or deferred adjudication. We can discuss whether an option may apply to your circumstances.
Do I Have to Appear in Court for My DWI Charge?
Court-appearance requirements depend on the court, the setting, bond conditions, and your attorney’s instructions. We may be able to appear for certain procedural matters, but you shouldn’t assume your appearance is unnecessary. Missing a required court date can result in serious consequences, including a warrant.
Get a Free Consultation with a San Antonio DWI Attorney
If you’re facing a DWI allegation, contact our firm for a free case evaluation. Attorney Fox provides one-on-one legal counsel and uses his training in standardized field sobriety testing to examine the evidence and legal issues involved in your case. For more answers, visit our DWI FAQ page.
Contact The Law Office of John J. Fox today or call (210) 460-1221 to schedule your free consultation with a DWI attorney in San Antonio.