San Antonio DUI Attorney
DWI Defense in Texas
Drunk driving is one of the most commonly charged criminal offense in the State of Texas and throughout the country. It only takes a momentary lapse judgment for drivers to become accused of this crime and, if convicted, they can face numerous criminal penalties. If you or a loved one have been arrested for DWI or DUI, time is of the essence and legal representation should be consulted as soon as possible.
At Calfas Law Group, our legal team includes former prosecutors who have an intimate understanding of our criminal justice system. When you choose our firm to handle your drunk driving case, you will partner closely with a dedicated knowledgeable San Antonio DWI/DUI defense attorney that knows what to look for in these cases. Many drivers in these cases have viable defense options and our firm knows how to zero-in on possible errors and shortcomings in these allegations.
Start Fighting Your Case Today. Call our offices at 210-405-8315 now to start discussing your legal options.
DUI vs. DWI
It’s important to realize that the state of Texas distinguishes between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence). DWIs are usually charged to individuals who are legally intoxicated (.08 BAC) or who have lost control of their mental and/or physical capacity to responsibly operate a vehicle.
However, a DUI is typically issued to persons under 21 years of age who are found driving with any detectable amount of alcohol in their system. If these are you or your family’s circumstances, contact a DUI attorney immediately to review your case.
Our Firm Can Fight for You
When we begin building your defense, we combine the facts of your case with our legal knowledge, experience, and research of transportation codes, case law and legal precedents. There are a number of reasons your case may have been handled improperly or was unjustified from the start, including:
- The arresting officer did not truly have probable cause to pull you over or the reason for pulling you over was flimsy, at best.
- Reports from third-party witnesses do not corroborate the police report.
- An unverified anonymous drunk-driving tip was the reason for your arrest.
- The field sobriety test was not administered properly and/or the arresting officer was not properly qualified to administer field sobriety tests.
- A test other than the Standardized Field Sobriety Test was used, or the field sobriety test results cannot be trusted due to medical conditions, environmental conditions such as weather, or the surface on which it was administered.
- The arresting officer did not properly provide your Miranda warning (did not read your Miranda rights).
- Blood test results cannot be trusted due to lack of qualifications by the technician or unsanitary conditions.
- Legal protocols were not followed properly, such as the 15-minute observation period.
Penalties for a DUI in Texas
A single DUI offense can have lasting consequences for the guilty driver and their family. Subsequent convictions will carry even heavier penalties.
First offenders can anticipate a class B misdemeanor charge with potential sentences of:
- Up to 180 days in jail
- A fine of up to $2,000
- License suspension between 90 days and one year
- Ignition interlock device installation if the driver is using an occupational license
- DWI education program
- Community service
If the blood alcohol concentration (BAC) was at .15% or above, consequences could be heightened. Convicted drivers would then face a class A misdemeanor charge, a maximum of one year in jail, and a fine of up to $4,000.
If a driver is convicted of a second DWI within five years of the first offense, they face a class A misdemeanor charge and:
- Up to one year in jail
- A fine of up to $4,000
- Six-month to two-year license suspension
- One-year ignition interlock device period
Those convicted of a third DWI within five years could be punished by:
- Two to ten years in jail
- A fine of up to $10,000
- License suspension for a period of six months to two years
- One-year ignition interlock device period
A third DWI is a third-degree felony in Texas.
Drivers could also be penalized for refusing to submit an alcohol test. Drivers who do not give a BAC reading are subject to a license suspension for:
- Six months for a first offense
- Two years for a second offense
- Two years for a third offense
To be punished for a second or third offense, a driver must have had either a prior DWI conviction, test refusal, or failed BAC test within the past decade.
Call Our San Antonio Criminal Defense Firm Now
From investigation and planning to your hearing and trial, we bring our expertise and diligence to defend your case. If you ever find yourself in the unfortunate situation of a DWI arrest, Calfas Law Group wants you to remember you are not guilty until the court determines so.
Before proceeding with your case, make sure you know your options. Contact our offices today to request a consultation with our team.