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San Antonio DWI Attorney

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San Antonio DWI Attorney

After a DWI charge in San Antonio, understanding your legal options is critical. A DWI conviction in Texas can result in significant legal penalties, including fines, license suspension, mandatory jail time, and even long-term impacts such as increased insurance costs and difficulties with employment. Ernest Acevedo Law Group is here to help you face these serious implications head-on. Our law firm can provide insights into Texas DWI laws and offer a no-nonsense approach to what you should do next. Call our law firm today at (210) 226-5656 to schedule a free consultation.

With over 45 years of experience, Ernest Acevedo Law Group is a family firm, offering comprehensive legal defenses for DWI charges in San Antonio. The law office was founded in 1976 by former judge, Ernest Acevedo Jr., and is now overseen by his son, Ernest Acevedo III. Ernest graduated from Harvard Law School and was admitted to the Texas bar in 1994. Ernest served as president of the Mexican American Bar Association from 1997 to 1998 and president of the San Antonio Criminal Defense Lawyers Association from 2002 to 2003. He is an expert on DWI defense and is often engaged as a speaker on the topic.

A good defense is key, and seeking the right San Antonio DWI lawyer is the first step. Attorney Ernest Acevedo III has the legal experience needed to provide you with a great defense strategy. Call our law office today at (210) 226-5656 to schedule a free consultation and see what Ernest Acevedo Law Group can do for you.

How Can Ernest Acevedo Law Group Help if You Were Arrested for a DWI in San Antonio?

How Acevedo Law Group Can Help if You Are Facing DWI Charges in San Antonio, Texas

When caught in the web of a DWI arrest, a helping hand is not just a comfort, it’s a necessity. Ernest Acevedo Law Group, a reputable law firm with experienced law offices, offers a lifeline to those ensnared in such situations. They provide an arsenal of legal assistance for those grappling with DWI charges in San Antonio, including:

  • Conducting a thorough investigation into your DWI arrest
  • Requesting an immediate ALR hearing to argue against license suspension
  • Leaving no stone unturned in your defense

Attorney Ernest Acevedo III will delve deep into the prosecution’s evidence, analyzing it for any potential weaknesses, and gather evidence that could prove your innocence. DWI lawyers, as skilled criminal defense lawyers, bring in experts to strengthen your case if the need arises. But they don’t stop there. They negotiate with prosecutors, aiming to have the charges reduced or the case dismissed altogether. In the battlefield of DWI charges, attorney Ernest Acevedo III is your trusted ally.

Overview of the DWI Laws in Texas

Overview of the DWI Laws in Texas

Before we delve into the nitty-gritty of handling DWI cases, let’s first get a bird’s eye view of the Texas DWI laws. These criminal law regulations are not limited to visible drunkenness alone. They cover a broad spectrum, including impairment due to alcohol, legal or illegal drugs, or other substances.

It’s also important to note that according to Texas Penal Code, Chapter 49, you are legally intoxicated if you have an “alcohol concentration” of at least 0.08 percent. However, in Texas, you are breaking the law if you have lost the normal use of your mental or physical faculties due to the introduction of alcohol, drugs, or a combination of the two. This also includes your flying and boating as well.

What is a DWI in Texas?

So, what exactly is a DWI in Texas? DWI is an acronym that stands for Driving While Intoxicated. Texas Penal Code 49.09 states that a DWI refers to the act of operating a motor vehicle while under the influence of alcohol or drugs. In Texas, if your blood alcohol content (BAC) reaches 0.08 or more, you are considered intoxicated. But it’s not just about the numbers. In Texas, the loss of normal use of mental or physical faculties due to alcohol or drugs is also considered as intoxication according to the law. This means that impairment caused by substances can be legally classified as intoxication in Texas. Hence, even if your BAC is below 0.08, if your ability to function normally is impaired due to alcohol or drugs, you could still be charged with a DWI.

What is a DUI in Texas?

In Texas, DUI (Driving Under Influence) holds a different connotation than DWI. It is a Class C Misdemeanor that specifically applies to minors under the age of 21. If a minor is found operating a motor vehicle with any detectable alcohol in their system, they can be charged with a DUI.

So, even if a minor’s BAC is below the usual 0.08, they can still be in legal trouble for DUI.

What is the difference between DUI and DWI  in Texas?

The key difference between DUI and DWI in Texas lies in whom they apply to and the severity of their penalties. DUI charges are leveled at minors under the age of 21 who are caught driving after consuming alcohol. In essence, Texas law does not permit minors to operate a vehicle under any level of alcohol influence, even with parental permission.

On the other hand, DWI charges apply to adults found driving while intoxicated. The intoxication could be due to alcohol or drugs, and the impairment could be reflected in their BAC or physical and mental faculties. The penalties for DWI are typically much more severe than those for DUI, including higher fines, longer license suspension periods, and potentially, jail time.

What Happens When You Are Arrested for a DWI or DUI in Texas?

What Happens When You Are Arrested for a DWI or DUI in Texas?

In Texas, if you arrested for suspicion of driving while intoxicated (DWI), you are required to submit to a breathalyzer or blood test. Under Texas’ implied consent laws (Texas Penal Code, Chapter 724).

In the Texas Administrative License Revocation Program (Texas Penal Code, Chapter 524 and Texas Penal Code, Chapter 724), if your test reports that your BAC is .08 percent or higher and you refuse to take a blood or breathalyzer test, you can lose your right to drive.

What If I Refuse To Take a BAC Test?

If you refuse to take a breath or blood test, the officer will take your license immediately and you will get a temporary driving permit. You’ll have 15 days to contest your license suspension. If you don’t request a hearing, your suspension will go into effect 40 days after you were served notice.

What If My Results Are .08% or Higher?

If you took a breath or blood test and the results show your BAC was .08 percent or higher, the Texas Department of Public Safety will try and suspend your license for 90 days for a 1st offense and 1 year for a 2nd offense.

What Should I Expect After My First DWI?

What Should I Expect After My First DWI?

The aftermath of a DWI arrest is often a whirlwind of emotions and confusion. But swift action can make a significant difference. To contest the Administrative License Revocation (ALR) from DPS, the first step is to request a hearing. This will allow you to challenge the revocation of your license. This needs to be done within 15 days of the arrest. It’s important to identify and comply with all bond conditions. Additionally, make sure to find out when the arraignment date will be. Also, start asserting important constitutional requests. Sounds overwhelming, right? That’s where legal representation comes in.

Engaging a San Antonio attorney is crucial after a DWI arrest in Texas. It’s not just about finding a lawyer; it’s about finding the right DWI attorney for you and your situation. There are many drunk driving lawyers in Texas, and one way to find the right one is by considering those affiliated with the NCDD (National College for DUI Defense) or TCDLA (Texas Criminal Defense Lawyer Association). The key is to find the one who fits your case and can navigate the intricate legal landscape to ensure your rights are protected and secure the best possible outcome.

When Should I Hire a DWI Lawyer in San Antonio and How Much Does it Cost?

When Should I Hire a DWI Lawyer in San Antonio and How Much Does it Cost?

DWI charges are not something to take lightly, and when facing them, time is of the essence. It’s advised to contact a San Antonio DWI attorney as soon as possible to explore your legal options and begin building a defense strategy. An experienced DWI lawyer can aid in minimizing the impact of DWI charges, including assisting with license suspension and negative career consequences.

The fines for a DWI in Texas can reach up to $2,000, $4,000, or $10,000, depending on the number of prior convictions and any injuries caused. The cost of DWI legal representation in Texas varies widely and is often structured as a flat fee rather than an hourly rate. This fee can be influenced by the severity of the charge and the location of the defense counsel.

What Are the Penalties for a DWI in San Antonio, Texas?

DWI charges in Texas come with a hefty price tag. The penalties range from fines and license suspension to even jail or prison time, with more severe consequences for repeat offenders and those with aggravating factors. It’s not just about the immediate financial impact; a DWI conviction can have long-term implications, affecting your career prospects and your personal life.

A first-time DWI offense in Texas is classified as a Class B misdemeanor, with potential fines up to $2,000 and up to 180 days in county jail. If your BAC is .15 or above, the charge can escalate to a Class A misdemeanor, attracting higher fines and longer jail time. If you have a minor passenger during a DWI incident, the offense increases to a felony, with penalties including a fine of up to $10,000 and possible prison time.

DWI First Offense in Texas

DWI First Offense in Texas

Being charged with DWI for the first time in Texas is a serious matter. It’s classified as a Class B misdemeanor, which may not sound too daunting, but the penalties can be significant. You could face a fine of up to $2,000, up to 180 days in county jail, and your driver’s license could be suspended.

If your BAC is .15 or above, the scenario worsens. The DWI charge gets escalated to a Class A misdemeanor, which means higher fines and longer jail time. If a minor under 15 was in the car during the DWI incident, the offense increases to a felony, with penalties escalating to a fine of up to $10,000 and possible jail time.

DWI Second Offense in Texas

A second DWI offense in Texas is more serious. It’s classified as a Class A misdemeanor. If convicted, you may face:

  • Incarceration for up to one year
  • A probationary period of up to two years, with a requirement of serving a minimum of three days to a maximum of 30 days in jail as part of probation
  • Fines reaching up to $4,000 for a second DWI conviction.

Moreover, a second DWI conviction can lead to the suspension of your driver’s license, which involves additional costs for reinstatement. You may also be required to install an ignition interlock device on your vehicle, which prevents the vehicle from operating if alcohol is detected in your breath.

Third or Subsequent DWI Charge in Texas

In Texas, receiving a third or subsequent DWI charge escalates the offense to a Third Degree Felony. This serious charge can lead to a fine of up to $10,000 and a maximum of 10 years in a Texas Department of Criminal Justice (TDCJ) facility.

The implications of this offense are severe and lasting. It not only mandates a minimum jail stay of 10 days, even if probation is awarded, but it also leads to the suspension of your driver’s license and significant long-term consequences of having a felony record. 

No restrictions are placed on the age of previous convictions when considering them for sentence enhancement; this includes convictions from other states.

As part of the bond conditions, offenders charged with a second DWI or more must install and maintain a deep lung device, such as an ignition interlock, in all vehicles they operate as a prerequisite for release from custody.

DWI Charge With A Child Passenger

DWI charges with a child passenger is considered a state jail felony, which can lead to imprisonment for up to two years and a fine of up to $10,000.

Not only do you face the immediate penalties, but there are also long-term implications. If convicted, your driver’s license could be suspended for up to 1 year. You might also be required to install an ignition interlock device on your vehicle. You also only have 15 days after your arrest to request a hearing to contest a potential license suspension.

What Happens to the Offenders Driver’s License Following a DWI Arrest?

When arrested for a DWI, one of the immediate concerns is the status of your driver’s license. In Texas, individuals arrested for a first-offense DWI face the possibility of having their driver’s license suspended as part of the potential penalties. The Texas Department of Public Safety is notified following a DWI arrest and automatically initiates the process to suspend the offender’s driver’s license, usually starting 40 days after the arrest.

This suspension process, known as Administrative License Revocation (ALR), operates independently of the criminal court proceedings for DWI. However, you have the right to contest this suspension by requesting an ALR hearing within 15 days of receiving a notice. If you miss this deadline, your driver’s license will be suspended by default. The outcome concerning your driver’s license will be determined by a separate Administrative Law Judge.

How Do I Handle a DWI in San Antonio?

Handling a DWI charge in San Antonio involves more than just following legal procedures. It’s about crafting a strong defense strategy, and this begins with hiring the right experienced DWI attorney. Ernest Acevedo Law Group, a criminal defense law firm, offers the expertise and experience needed to effectively handle a DWI charge. Attorney Ernest Acevedo III starts by challenging the prosecution’s evidence, questioning the reasonable suspicion, probable cause, and forensic evidence presented by the prosecution. With attorney Ernest Acevedo III, a San Antonio DWI lawyer, he ensures the best possible outcome for your case.

A strong defense is often the key to getting DWI charges dismissed. The aim is not just to challenge the state’s evidence but to contest it effectively. Particularly, the blood alcohol concentration (BAC) evidence can be a key point of contention. Attacking both the scientific basis and the probable cause of blood test results can be a successful strategy to contest DWI charges. Challenging the reason for the initial traffic stop and the results of field sobriety tests is also a common approach to seek the dismissal of DWI charges.

What Defenses Can Be Raised if I’m Arrested on DWI Charges in Texas?

When facing DWI charges, it’s crucial to know that you do have defenses. You could challenge the traffic stop, arguing that the police officer did not have a reasonable suspicion to make the traffic stop in the first place. If you can successfully challenge this, all the evidence gathered after the stop could be suppressed, leading to the dismissal of your case.

Another defense could be to challenge the probable cause for DWI arrest. Here, you could argue that the officer did not have enough reason to believe that you were driving while intoxicated. Similarly, you could challenge the forensic evidence, including the results of breathalyzer or blood tests. These defenses can be complex and technical, requiring expertise in DWI laws and procedures. That’s why having an experienced DWI lawyer by your side is vital.

Schedule a Free Consultation With Our San Antonio DWI Lawyer Today

Facing a DWI charge is a serious matter, and can be overwhelming. It can carry substantial penalties that can have significant long-term impacts on your life. But you don’t have to face it alone. Ernest Acevedo Law Group can help you navigate this complex legal process and be your ally through this difficult time—from challenging evidence to developing a powerful defense, they will be by your side every step of the way.

Ernest Acevedo Law Group offers a free consultation with no obligation. This is an opportunity to discuss your case, explore your legal options, and ask any questions you might have. Remember, the sooner you take action, the better your chances of a favorable outcome. So, don’t delay. Reach out for professional help today.

Contact our law office today at (210) 226-5656 and take the first step towards successfully navigating your DWI case.

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