San Antonio DWI Defense


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If you have been arrested for DWI in Texas, in the majority of cases you have only 15 days from the date of arrest to request a hearing from the Department of Public Safety to fight a driver’s license suspension. If you do not request that hearing within 15 days, the Department will issue an automatic license suspension on the 40th day following your arrest in cases where you either refused a breath or blood test or where you allegedly took the test but failed it (Having a BAC of .08 or more). Contact us immediately to get more information on the Administrative License Revocation process and how to protect your rights.

The driver’s license hearing is just the first step in protecting your rights after you have been arrested for DWI. An experienced DWI attorney knows that we can not only try and prevent your license suspension but many times more importantly we are able to utilize this administrative procedure to assist in your defense of the criminal case. In some cases the results of the hearing can be transcribed to assist in pointing out weaknesses in the state’s case or point out inconsistencies in an officer’s testimony.

Summary of DWI Offenses in Texas

When it comes to DWI offenses, Texas takes these charges very seriously and these cases are prosecuted aggressively. Whether it’s your first offense or you have had a prior offense, you can expect to be aggressively prosecuted by the government. It is important to choose an attorney experienced and qualified to defend your rights. Mr. Sanchez has had experience in the DWI field since 1999. He was trained and certified to perform the same DWI detection techniques that law enforcement officers use and has the unique ability to thoroughly review your case to ensure that any errors made in the DWI investigation are pointed out and used to successfully defend your case. Mr. Sanchez has tried numerous DWI cases and will utilize his experience as both a former police officer and prosecutor to provide proven results to his clients. Call our law firm today for a Free Consultation.

Below is a list of the general range of punishments associated with a DWI Arrest.

First DWI Offense (Class B Misdemeanor):

  • A fine of up to $2000.00
  • A jail sentence of 72 hours to 180 days
  • A suspension of your driver’s license for a period of 90 days to 1 year

(A DWI 1st with a BAC of .15 or higher, the possibility of fine increases to $4000.00 and jail increases to up to 1 year of county jail, a Class “A” misdemeanor)

Second DWI Offense (Class A Misdemeanor):

  • a fine of up to $4000.00
  • A jail sentence of anywhere between 30 days to 1 year
  • A suspension of your driver’s license for 180 days to 2 years

DWI 3rd or More (3rd Degree Felony):

  • A fine of up to $10,000.00
  • A jail sentence of anywhere between 2-10 years in state prison
  • A suspension of driver’s license for a period of 180 days to 2 years

**Probation is a possibility in many DWI cases however if you are placed on probation for any of these offenses that means that you have been found guilty of the offense and that conviction will be permanently placed on your criminal record. As you might expect there is a higher probability of getting probation on your fist DWI offense however even if granted probation on a second offense the code of criminal procedure requires a minimum 5 days’ jail as a condition of probation and 10 days’ minimum for a 3rd offense.
**An open container allegation also increases the minimum jail penalty to six days.

DWI with Child Passenger (State Jail Felony)

A person who is DWI and is carrying a person in the vehicle who is under 15 years of age. The punishment is confinement in a state jail facility for not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

Intoxication Assault (3rd Degree Felony)

Where an accident occurred with serious bodily injury that resulted as a proximate cause of the intoxication. You can be sentenced to a minimum of 2 years and up to a maximum of 10 years in prison. If probated, there is a 30-day minimum jail sentence. You may also receive up to a $10,000.00 fine. If they allege you drove the vehicle in such a manner to consider it a “deadly weapon” then there is an additional penalty under the law that prohibits good time credit in prison and you would not be eligible for early release until half of your sentence has been served.

Intoxication Manslaughter (2nd Degree Felony)

A DWI where death occurs in an accident and where intoxication was the proximate cause of the person’s death. If convicted a person can be sentenced to up to a $10,000.00 fine and/or be give between 2-20 years in prison. If probation is granted, there is a mandatory 120-day jail sentence and again if the allegation is that the vehicle was used as a “deadly weapon”, there is no early termination of a prison sentence until after half of the sentence has been satisfied.

For a detailed explanation regarding an intoxication offense or any criminal matter, contact The H. D. Sanchez Law Firm today to schedule a Free Consultation.

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