Your Essential Guide: Critical Questions Answered After a San Antonio DWI Arrest
An arrest for Driving While Intoxicated (DWI) in Texas is a frightening and confusing experience.
In the immediate aftermath, your mind is likely racing with urgent, high-stakes questions about your future. It is crucial to understand that a DWI charge, even for a first offense, is a serious criminal matter with severe potential consequences. At Barton & Associates, our experienced Texas DWI defense attorneys have guided countless clients through this exact crisis. We know that informed, decisive action in the first hours and days can dramatically impact the outcome of your case. This guide addresses the most pressing questions we hear, providing the clarity you need to protect your rights and begin building a powerful defense.
1. “Should I Just Plead Guilty Since I Was Drinking and Driving?”
This is one of the most common and dangerous impulses after a DWI arrest. While taking responsibility is admirable, you should never plead guilty without first understanding all your legal options and potential defenses.
Pleading guilty at your first opportunity surrenders all your leverage. Once you plead guilty, you accept the full weight of the charges against you, including maximum fines, mandatory jail time, and a permanent criminal conviction. The justice system is designed for negotiation and defense. An experienced attorney can scrutinize the evidence against you—from the traffic stop to the breath test—to identify weaknesses. In many cases, they can negotiate a favorable plea bargain that reduces charges or penalties, but this is only possible if you have not already pled guilty. Remember, a plea should only be entered when it is strategically in your best interest, not out of fear or confusion.
2. “How Accurate Are Breathalyzer Results? Can They Be Wrong?”
While law enforcement presents breathalyzer (or breath test) results as definitive scientific proof, the truth is more complex. These devices are only accurate when properly calibrated, maintained, and administered.
Numerous factors can compromise breath test results, creating opportunities for a strong defense:
- Faulty Calibration or Maintenance: Machines require regular, documented calibration. Failure to follow strict protocols can produce falsely high readings.
- Improper Administration: The officer must follow a specific observational and procedural checklist. Deviations can invalidate the test.
- Radio Frequency Interference (RFI): Older models can be affected by police radios or other electronic devices.
- Physiological Conditions: Certain medical conditions (like GERD or diabetes), recent use of mouthwash, or even a specific diet can skew results.
- Residual Mouth Alcohol: Recent drinking, belching, or vomiting can leave alcohol in the mouth, leading to an inflated reading that does not reflect your true blood alcohol concentration (BAC).
A skilled DWI defense attorney will immediately subpoena the device’s maintenance logs, the officer’s training records, and the test administration data to challenge the reliability of the state’s key evidence.
3. “Will Cooperating with Police or the Prosecutor Help My Case?”
This is a critical misconception. Law enforcement may suggest that cooperation will lead to leniency, but their primary goal is to gather evidence for a conviction. You are under no obligation to help them build their case against you.
You must provide identification and comply with lawful orders (like exiting the vehicle). However, you have an absolute constitutional right to remain silent and to have an attorney present during any questioning. Politely invoking these rights by stating, “I wish to remain silent and I want to speak to an attorney,” is not an admission of guilt—it is a intelligent protection of your future. Anything you say, even in an attempt to explain or apologize, can be meticulously documented and used as evidence of impairment or consciousness of guilt.
4. “Can My DWI Charge Be Dismissed if My Rights Were Violated?”
Yes, it is possible. The U.S. Constitution provides powerful protections, and evidence obtained through rights violations can potentially be suppressed or lead to case dismissal. Key violations include:
- Lack of Reasonable Suspicion: The officer must have had a legally valid reason to initiate the traffic stop (e.g., a traffic violation, not a mere hunch).
- Lack of Probable Cause for Arrest: Observing a traffic violation is not enough for a DWI arrest. The officer must have specific facts indicating you were intoxicated.
- Failure to Administer Miranda Warnings: If you were in custody and interrogated without being advised of your right to remain silent and to an attorney, your statements may be inadmissible.
- Illegal Search or Seizure.
Proving these violations requires detailed legal knowledge and aggressive motion practice. An attorney will meticulously dissect the police report and dash/body cam footage to find these critical flaws.
5. “Can I Go to Jail for a First-Time DWI in Texas?”
Absolutely. Jail time is a real possibility for any DWI conviction in Texas. The penalties are not trivial.
- A standard first-offense DWI is a Class B Misdemeanor, punishable by up to 180 days in county jail, a fine of up to $2,000, and a driver’s license suspension.
- If your BAC is 0.15 or higher, the charge is enhanced to a Class A Misdemeanor, which carries up to 1 year in jail and a $4,000 fine.
While a judge may probate (suspend) some jail time, many Texas counties now impose mandatory minimum jail sentences, even for first offenses. The threat of incarceration underscores why having a dedicated attorney to fight for alternative resolutions or minimized penalties is essential.
6. “Should I Accept the Plea Bargain the Prosecutor Offered Me?”
You should never accept a plea offer without having an experienced DWI attorney review it. Prosecutors extend initial plea bargains to clear their dockets efficiently; these offers are rarely in your best interest and often reflect the maximum penalties they believe they can secure.
An attorney provides crucial leverage. By conducting a thorough investigation and demonstrating a willingness to take the case to trial, your lawyer can often negotiate a significantly more favorable plea agreement. This could mean a reduction from a DWI to a lesser offense like “Obstruction of a Highway” (which is not a DWI), reduced jail time, lower fines, or more favorable probation terms. Your attorney’s job is to ensure any plea deal truly reflects the strengths and weaknesses of the state’s case, not just prosecutorial convenience.
Your Path Forward: The Critical Steps to Take Right Now
The decisions you make in the first 48 hours after a DWI arrest are pivotal. Here is your action plan:
- Formally Invoke Your Rights: Do not discuss the incident with anyone except your attorney. This includes law enforcement, cellmates, and even friends or family.
- Document Everything: As soon as possible, write down every detail you remember about the stop, the officer’s questions, and the tests you performed. Memory fades quickly.
- Request an ALR Hearing: You have only 15 days from the date of your arrest to request a hearing to fight the automatic suspension of your driver’s license by the Texas Department of Public Safety (DPS). This is a separate but critical proceeding.
- Contact a Specialized DWI Defense Attorney Immediately: This is the most important step. At Barton & Associates, our former prosecutors and board-certified criminal defense attorneys understand the science, the law, and the local courts. We begin building your defense from day one.
Why Barton & Associates is Your Essential Advocate
Facing a DWI charge requires more than just a lawyer; it requires a strategic partner with specific expertise.
- Former Prosecutorial Insight: We know how the state builds its cases, allowing us to anticipate and counter their strategies effectively.
- Scientific Defense Focus: We have the resources to challenge breath and blood test evidence with expert analysis.
- Aggressive, Client-Centered Representation: We fight for dismissals, reductions, and acquittals, always with your best future as our goal.
Don’t Face This Alone. Your Defense Starts With a Call.
A DWI charge is a serious legal matter, but it is not hopeless. The right defense can make all the difference between a life-altering conviction and a manageable resolution.
Do not plead guilty. Do not speak to investigators. Do not let the 15-day ALR deadline pass.
Contact Barton & Associates, Attorneys at Law, today at 210-500-0000 for a confidential, thorough case evaluation. We will answer your questions, explain your rights, and immediately begin the work of protecting your driver’s license, your record, and your freedom.
Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
