Defending Your Rights: Comprehensive DWI & Intoxication Offense Defense

Facing DWI Charges? Your Future Deserves a Vigorous Defense

A charge of Driving While Intoxicated (DWI) in Texas is not a simple traffic ticket—it is a serious criminal offense that carries immediate and long-lasting consequences. From the moment those flashing lights appear in your rearview mirror, the process that unfolds is designed to build a case against you. At Barton & Associates, we understand the anxiety, confusion, and high stakes involved. Our dedicated criminal defense attorneys are committed to providing the aggressive, knowledgeable representation you need to protect your driver’s license, your freedom, and your reputation. We know the science, the procedures, and the strategies necessary to challenge the prosecution’s evidence at every turn.

Many people believe that a DWI arrest leads to an automatic conviction. This is a dangerous misconception. The state must prove its case beyond a reasonable doubt, and every aspect of their evidence—from the initial traffic stop to the breath or blood test results—is open to challenge. An experienced DWI defense lawyer examines the entire sequence of events for constitutional violations, procedural errors, and scientific inaccuracies. Whether this is your first offense or you are facing enhanced penalties, having our skilled legal team by your side is the most critical step you can take to secure your future.

Understanding Texas DWI Law and Its Severe Penalties

In Texas, you can be arrested for DWI if you are found to be operating a motor vehicle in a public place while “not having the normal use of your mental or physical faculties” due to alcohol or drugs, or if you have a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount of alcohol can lead to a DWI charge.

The penalties for a DWI conviction are severe and escalate quickly with subsequent offenses or aggravating factors:

• First Offense DWI: A Class B misdemeanor punishable by up to 180 days in jail, a fine up to $2,000, and a driver’s license suspension from 90 days to one year. You may also be required to pay an annual surcharge of up to $2,000 for three years to keep your license.
• Second Offense DWI: A Class A misdemeanor punishable by up to one year in jail, a fine up to $4,000, and a driver’s license suspension for up to two years.
• Third Offense DWI: A third-degree felony punishable by 2 to 10 years in a state prison, a fine up to $10,000, and a driver’s license suspension for up to two years.
• Felony DWI: Charges can be elevated to a felony even on a first offense if there is an open container, if an accident causes serious bodily injury (Intoxication Assault), or if someone is killed (Intoxication Manslaughter). These charges carry prison terms of up to 20 years or more.

Beyond the courtroom, a conviction brings collateral consequences: skyrocketing insurance rates, difficulty securing employment, professional licensing issues, and a permanent criminal record. Our goal is to help you avoid these life-altering outcomes.

The Critical Importance of the ALR Hearing: Act Within 15 Days

One of the most immediate and misunderstood aspects of a DWI arrest is the Administrative License Revocation (ALR) program. This is a civil administrative process separate from your criminal case. When you are arrested for DWI, the officer will typically confiscate your Texas driver’s license and issue a temporary permit. You have only 15 days from the date of your arrest to request a hearing to fight the suspension of your license.

If you fail to request this hearing, your license will be automatically suspended 40 days after your arrest, even if your criminal case is still pending. At Barton & Associates, we file the ALR hearing request immediately. This hearing is a crucial opportunity to:

• Cross-examine the arresting officer under oath before the criminal trial.
• Gain discovery and insight into the officer’s observations and procedures.
• Preserve testimony that can be used later in your criminal case.
• Potentially save your driving privileges.

Our Strategic Defense: Challenging Every Element of the State’s Case

A successful DWI defense requires a meticulous, multi-faceted approach. We leave no stone unturned in reviewing the evidence against you.

1. Challenging the Legality of the Traffic Stop

The police must have a valid legal reason, or “reasonable suspicion,” to initiate a traffic stop. We scrutinize the officer’s stated reason for pulling you over. If the stop was illegal—based on a hunch, a pretext, or a minor traffic violation that did not actually occur—then all evidence gathered afterward may be suppressed, often leading to a dismissal of your case.

2. Challenging the Field Sobriety Tests

The standardized field sobriety tests (SFSTs)—the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand—are scientifically designed to be difficult, even for sober individuals. Their administration is highly subjective. We examine whether:

• The officer improperly demonstrated or explained the tests.
• Environmental conditions (poor lighting, uneven pavement, weather) or your physical conditions (injury, age, weight, medical issues) unfairly affected your performance.
• The officer was properly trained and certified to administer the tests.

3. Challenging the Breath Test (Breathalyzer) Evidence

Breath test machines like the Intoxilyzer are complex devices that require proper calibration, maintenance, and operator training to produce accurate results. Our defense investigates:

• The machine’s calibration and maintenance records for errors.
• Whether the 15-minute observation period was properly followed before the test.
• Whether any physiological conditions (acid reflux, diabetes, ketosis) or residual mouth alcohol skewed the result.
• The qualifications and procedures of the test operator.

4. Challenging the Blood Test Evidence

A blood test is often considered more reliable by juries, but it is also vulnerable to attack. We work with forensic toxicologists to examine:

• The chain of custody for the blood sample to ensure it was not contaminated or mislabeled.
• The techniques used for drawing, preserving, and testing the blood.
• Whether the blood fermentation process or improper storage could have raised the BAC level.
• The validity of the search warrant used to obtain the blood sample, if applicable.

Beyond Standard DWI: Other Intoxication-Related Offenses

Our practice also robustly defends clients against other serious intoxication-related charges:

• Boating While Intoxicated (BWI): The same penalties as DWI apply to operating a boat or watercraft while intoxicated on Texas waterways.
• Flying While Intoxicated: Operating an aircraft under the influence is a serious federal and state offense.
• Intoxication Assault & Intoxication Manslaughter: These felony charges allege you caused serious bodily injury or death while operating a vehicle intoxicated. Defending these charges requires an exceptionally skilled and thorough team capable of handling complex accident reconstruction and forensic evidence.
• Open Container and DWI with a Child Passenger: These are enhancing circumstances that can increase the severity of your charges and penalties.

The Barton & Associates Advantage in DWI Defense

• In-Depth Knowledge of DWI Science: We continuously educate ourselves on the latest forensic toxicology, breath test technology, and field sobriety test protocols. We don’t just take the state’s scientific evidence at face value; we understand it well enough to challenge it effectively.
• Former Prosecutorial Insight: Our team includes attorneys with experience on the prosecution side. This gives us invaluable insight into how the state builds and negotiates DWI cases, allowing us to anticipate their strategies and identify weaknesses.
• A Reputation for Trial Readiness: Prosecutors are more likely to offer favorable plea bargains or even dismiss cases when they know your attorney is fully prepared to take the case to trial and win. We have a strong track record in the courtroom, and that reputation works to your advantage from day one.
• Comprehensive Case Management: We handle both your criminal case and your ALR hearing, providing seamless defense across all proceedings. We also assist clients with finding required DWI education courses and installing ignition interlock devices when necessary, guiding you through every step of the process.

Take Immediate Action to Protect Your Future

Time is not on your side after a DWI arrest. The 15-day deadline for your ALR hearing is absolute, and the prosecution begins building its case immediately.

Do not discuss your case with anyone except your attorney. Do not plead guilty at your arraignment without first consulting with us. Exercise your right to remain silent and your right to legal counsel.

Contact Barton & Associates today for a confidential, free phone consultation. Let us review the details of your arrest and start building your defense. Complete our online contact form for a quick response, or call our office directly at 210-500-0000 to check attorney availability for an immediate consultation. Your driving privileges, your criminal record, and your future are worth fighting for.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000