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San Antonio DWI Lawyer

Being arrested for driving while intoxicated (DWI) in San Antonio is a nerve-racking experience. Such an arrest can leave you feeling doubtful about your future, so it is understandable why many people arrested for DWIs feel uneasy. Former prosecutor turned criminal defense attorney Sophia Martinez has worked with numerous San Antonians facing charges for DWI just like you. She completely understands the emotions you are going through and will work diligently to defend your case and take some of the uncertainty away.

At this moment in time, you may not have much hope that your situation will improve. However, when you partner with a San Antonio DWI lawyer 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. Former Assistant District Attorney 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 San Antonio DWI lawyer. Former Assistant District Attorney Sophia Martinez is tough, with over 25 years of experience defending DWI and DUI charges in San Antonio. When you need help defending your future after a DWI, Former Assistant District Attorney Sophia will have your back and do everything she can to get your case dismissed.

Drug DWI Penalties in San Antonio, Texas: Understanding the Consequences

Driving while impaired by drugs is a serious offense that poses a significant threat to public safety. In Texas, the legal system takes drug-related driving while intoxicated (DWI) cases very seriously.

Drug DWI, also known as driving under the influence (DUI) or drugged driving, occurs when an individual operates a motor vehicle while under the influence of drugs. In Texas, the term “intoxication” refers not only to alcohol impairment but also encompasses impairment due to drugs or a combination of drugs and alcohol.

Penalties for Drug DWI in Texas:

First Offense:

  • A fine of up to $2,000
  • A minimum jail sentence of 72 hours to a maximum of 180 days
  • Driver’s license suspension for up to one year
  • Mandatory attendance at an alcohol or drug education program

Second Offense:

  • A fine of up to $4,000
  • A minimum jail sentence of 30 days to a maximum of one year
  • Driver’s license suspension for up to two years
  • Completion of a substance abuse treatment program

Third Offense (Felony DWI):

  • A fine of up to $10,000
  • A minimum jail sentence of two years to a maximum of ten years
  • Driver’s license suspension for up to two years
  • Completion of a substance abuse treatment program

Enhanced Penalties:

  • Higher fines and longer jail sentences may be imposed if aggravating factors are present, such as having a child passenger or causing serious bodily injury or death while driving under the influence of drugs.

Ignition Interlock Device (IID):

  • In certain cases, individuals convicted of drug DWI may be required to install an ignition interlock device (IID) in their vehicles.
  • The IID requires the driver to pass a breathalyzer test before starting the vehicle, preventing the operation of the vehicle if alcohol is detected.

Long-Term Consequences:

  • Criminal Record: A drug DWI conviction results in a permanent criminal record, which can have a significant impact on employment prospects, housing opportunities, and other aspects of life.
  • Increased Insurance Rates: Convicted individuals may face substantial increases in their auto insurance rates or may have difficulty obtaining coverage.
  • Professional Licenses: Some professions, such as healthcare providers or commercial drivers, may face consequences related to their professional licenses or certifications.

Understanding the potential penalties and taking steps to prevent drug-impaired driving is essential to protect yourself and others.

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. Former Assistant District 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, Former Assistant District Attorney Sophia 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 Former Assistant District Attorney Sophia Martinez. Call (210) 226-3000 or complete this contact form to request a free consultation.

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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 when charged for drunk driving. 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 Lawyer like Sophia C. Martinez to assist you in your defense. Former Assistant District Attorney Sophia Martinez cares about her clients and their DWI charges. 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. 

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