San Antonio DWI Lawyer

At this moment in time, you may not have much hope that your situation will improve. However, when you partner with the San Antonio DWI lawyers at Sophia Martinez Law, your chances of avoiding the worst penalties will drop considerably. Attorneys knowledgeable in defending DWIs can employ several strategies to have the charges reduced or dismissed entirely. Ms. Martinez has the familiarity and capability to defend DWI cases aggressively to achieve the best possible outcome.

Driving While Intoxicated (DWI) Laws in San Antonio, Texas

Drivers are prohibited from driving while under the influence of substances that impair their mental or physical abilities and affect their ability to drive due to consuming substances such as drugs, alcohol, or a combination of such substances.

In Texas, a person can be considered legally intoxicated and unable to legally operate a motor vehicle if their blood alcohol concentration (BAC) is 0.08%, according to Texas Penal Code Section 49.04. Anyone who meets or exceeds this threshold can be arrested and charged for DWI. However, even if your BAC does not meet this minimum, you could still be considered legally intoxicated if law enforcement considers your mental or physical abilities to be impaired.

Although most DWI charges in San Antonio are misdemeanors, some situations may result in a felony charge for driving while intoxicated. Whether you face misdemeanor or felony charges, you need an aggressive DWI attorney like Sophia to guide you through the judicial process and protect your rights.

Possible Consequences for a DWI Conviction in San Antonio, Texas

A conviction for a DWI in San Antonio can carry severe repercussions. Aside from a possible stint in prison or jail, steep fines, and a possible license suspension, a DWI can haunt you for many years. Having a DWI conviction on your record could prohibit you from maintaining or obtaining certain jobs.

You stand to lose many freedoms and privileges upon a DWI conviction. The punishment for your San Antonio DWI will depend on the type of DWI offense you have been accused of violating. Possible punishments for various DWI charges in Texas include:

• First DWI Offense: Your first DWI is a Class B misdemeanor offense in Texas. These charges are punishable by:
  • 72 hours to 180 days in jail 
  • A fine of up to $2,000
  • Driver’s license suspension of either 90 or 180 days
  • Community service
  • Probation
• First DWI with a BAC of 0.15 or higher: A first DWI offense with a BAC of 0.15% or higher is a Class A misdemeanor offense for which you may face:
  • Up to 1 year in jail 
  • A fine of up to $4,000
  • Driver’s license suspension of either 90 or 180 days
  • Community service
  • Probation
• Second DWI Offense: Your second DWI is a Class A misdemeanor offense that could result in:
  • 30 days to 1 year in jail
  • A fine of up to $4,000
  • Driver’s license suspension will be dependent on the time which has elapsed from your prior DWI conviction but can be up to two years
  • Community service
  • Probation
• Third or More DWI Offense: Your third or more DWI is a third-degree felony offense. You may spend several years in prison and thousands of dollars in fines for a third DWI or more.
  • A minimum of 2 years in prison with a maximum prison sentence of 10 years
  • A fine of up to $10,000
  • Driver’s license suspension will be dependent on the time which has elapsed from your prior DWI conviction but can be up to two years
  • Community service
  • Probation

When facing a DWI charge in San Antonio, you have too much to lose to take on the case without an experienced DWI lawyer. Sophia Martinez is a tough attorney with over 25 years of experience defending DWI and DUI charges in San Antonio. When you need help defending your future after a DWI, Sophia will have your back. 

How Can a San Antonio DWI Attorney Help Defend Your Case?

Upon an arrest for DWI in San Antonio, your license may be revoked. Following your arrest, you will only have 15 days from the date of the offense to request a hearing with the Department of Motor Vehicles. During your hearing, the Texas Department of Public Safety will need to prove its case against you. Attorney Sophia Martinez can speak on your behalf at this hearing to help you preserve your driving privileges.

Due to Texas’s implied consent laws, drivers could face penalties for refusing to submit to a breath or blood test during a traffic stop. Depending on the circumstances surrounding your case, Sophia may be able to challenge the test results and/or methods police used to administer your sobriety test.

Contact an Experienced San Antonio DWI Attorney Today for Help with Your Defense

A DWI can thrust you into a complex criminal procedure that you may not know how to handle, particularly if it is your first offense. When you’re facing a charge for DWI in San Antonio, Texas, you need a knowledgeable and dedicated DWI lawyer in San Antonio, TX to answer any questions you may have and build an effective defense for your case.

For over 25 years, Sophia C. Martinez has defended countless DWI cases. When partnering with Sophia Martinez Law, your defense will benefit from Sophia’s extensive experience with DWI cases. If anyone can provide you with the legal guidance and support you need during this tumultuous time, it is Attorney Sophia Martinez. Call (210) 226-3000 or complete our contact form to request a free consultation.

Frequently Asked Questions

What is the Difference Between a DWI and a DUI in Texas?

The main difference that distinguishes the two from one another is that a DUI in Texas is designated for individuals who are considered minors. Individuals who are not minors, who are caught drinking and driving can face DWI charges. A DWI conviction in Texas is a serious offense, and the penalties are severe. If you’re charged with a DWI conviction, contact an experienced DUI and DWI attorney as soon as possible.

Will My License Automatically be Suspended if I am Arrested for a DWI in San Antonio?

If you are arrested for a DWI in San Antonio, one of the consequences is a suspended license. For individuals who have no prior convictions, their driver’s license can be suspended from anywhere between 90 days to one year. The length depends on multiple factors, including: your BAC level, if there was an open container of alcohol in the vehicle, if the DWI resulted in an accident, injury, or fatality or a child age 15 or younger was in the car.

What Are the Legal Consequences if This is Your First DWI in Texas?

If this is your first DWI in Texas, you can face a maximum of a $2,000 fine,  from 72 hours up to 180 days in jail upon conviction, and a loss of license up to a 180 days.

If I am Being Charged with a DWI, Should I Hire a San Antonio DWI Defense Lawyer to Help My Case?

Yes, it is important to have an experienced DWI Attorney like Sophia C. Martinez to assist you in your defense. DWI cases deal not only with the criminal arrest but also affect your driver’s license. The criminal case is handled by the District Attorney’s office but your driver’s license is a separate case handled by the Department of Public Safety (DPS). There are many issues that affect your case and having a DWI defense lawyer with experience and knowledge will help in preparing a proper defense and having a better outcome.