San Antonio DWI Defense Attorney

Defending You From Serious Criminal Consequences

Driving While Intoxicated (DWI) is a very serious charge in the eyes of the law. Because driving under the influence can put you and others around you in danger, the penalties for a DWI charge are severe. Expensive fines, a license suspension, and jail time are all possibilities, even if this is your first offense. If you have been charged with a crime in San Antonio, you need a criminal defense lawyer on your side to defend you.

The Hicks Law Firm understands how challenging it can be to be involved in a criminal investigation. We are dedicated to standing by our clients every step of the way, creating a personalized defense strategy to reduce or remove your charges. If you have been arrested or charged with a DWI, please don’t hesitate to reach out. Call 210-985-8330 today for a free 20-minute initial consultation.

How Does Texas Define a DWI?

In Texas, a DWI is a criminal offense assigned to those found operating a motor vehicle without normal faculties. Intoxication can be due to drugs, alcohol, or a mixture of both. You do not have to have a blood alcohol content (BAC) of 0.08% or higher to receive a DWI charge. Instead, police officers can provide evidence that you are unable to drive safely because you are intoxicated.

A motor vehicle doesn’t only include cars and trucks. You can be arrested for a DWI if you are found operating a boat or motorcycle under the influence.

DWIs and DUIs are similar charges, though they are completely separate. DUI stands for driving under the influence and primarily relates to driving with alcohol in your system. DWI is a more common charge, as it accounts for both drugs and alcohol.

What Are the Potential Penalties of a DWI Conviction?

The penalties for a DWI charge depend on the kind of charge you receive and your criminal history. Generally, if you have already been convicted of at least one DWI, you will face harsher penalties.

The penalties for a DWI conviction include:

First DWI Conviction

Up to 180 days in jail, up to $2,000 in fines, and a one-year license suspension.

First DWI Conviction With a BAC of 0.15% or More

Up to one year in jail, $4,000 in fines, and a two-year license suspension.

Second DWI Conviction

Up to one year in jail, $4,000 in fines, and a two-year license suspension.

Third DWI Conviction

Two to ten years in prison, up to $10,000 in fines, and a two-year license suspension.

DWI With a Child Passenger

Up to two years in state prison and fines of up to $10,000.

How Do You Defend Against a DWI Charge?

DWI charges are serious, and the penalties can be severe. Fortunately, our law firm can help you defend against those charges and reduce the consequences you are facing.

There are many ways to defend against a DWI charge, including:

Lack of Probable Cause

Police officers must have probable cause to make a traffic stop for a suspected DWI. Swerving, excessive braking, speeding, and recklessly driving are all examples of probable cause. If you were not driving erratically before you were stopped, our law office can challenge the probable cause during your detainment or arrest.

Improper Field Sobriety Testing

Field sobriety tests are used to determine your intoxication levels after you are pulled over. Unfortunately, field sobriety tests are often given incorrectly and can yield inaccurate results. If you were arrested because of a field sobriety test, our attorney can request information about the test done and challenge its results.

Inaccurate Chemical Test Results

Chemical tests are used to test the alcohol and drugs in your body. In most cases, blood and urine samples are taken and then tested after your arrest. However, these tests can sometimes give inaccurate results. We can request that the samples be tested again by a neutral third party to determine if the initial results were accurate.

Infringement of Your Rights

Even if you are arrested or detained, you still have rights under the law. You always have the right to an attorney, and you have the right to remain silent. If law enforcement officers violated your rights in any way, we can request that the case against you be dismissed or your charges reduced.

What Can a DWI Lawyer Do for Me?

When you are charged with a DWI, your freedom and your driving privileges are on the line. Working with a DWI lawyer protects your rights and gives you a much higher chance of reducing or removing your penalties.

The Hicks Law Firm is here to defend you against DWI charges so you can continue your life with as few disruptions as possible. Whether you’re a first-time offender or you have a criminal record, we are confident we can help you. For more information and to receive a free consultation from our criminal defense attorney, call 210-985-8330 today.