Facing a DWI in San Antonio? Your License, Your Freedom, and Your Future Are on the Line. Here’s How to Fight Back.

The flashing red and blue lights in your rearview mirror. The sinking feeling in your stomach. The roadside tests you weren’t sure how to perform. The hum of the breathalyzer machine. If you’re reading this, you’ve likely just experienced the frightening and confusing process of a DWI arrest in San Antonio or the greater Bexar County area. In this moment, it’s easy to feel alone, overwhelmed, and resigned to the consequences. You may have even heard the myth that “you can’t fight a DWI.”

At Barton & Associates, we want you to know one thing first and foremost: A DWI arrest is not a DWI conviction. The state of Texas bears the immense burden of proving every element of its case against you beyond a reasonable doubt. From the initial traffic stop to the breath or blood test results, every step of the State’s process is riddled with potential for error, misconduct, and violation of your constitutional rights. Our dedicated San Antonio DWI defense attorneys are not here to process your guilty plea; we are here to wage an aggressive, strategic, and scientific fight to protect your driving privileges, your clean record, and your freedom.

This comprehensive guide will walk you through the high stakes of a Texas DWI, the complex legal and scientific landscape you now face, and the proven defense strategies we employ to challenge the charges against you.

Part 1: The Staggering Consequences of a Texas DWI Conviction

Many people mistakenly believe a first-time DWI is a “simple traffic ticket.” In reality, Texas imposes some of the nation’s harshest DWI penalties, and a conviction creates a permanent, life-altering criminal record. The collateral damage extends far beyond the courtroom.

Criminal Penalties Under Texas Law:

• First DWI (Class B Misdemeanor):
  • Jail Time: Up to 180 days (though probation is common for first-timers).
  • Fines: Up to $3,000, plus hundreds more in court costs and fees.
  • Driver’s License Suspension: 90 days to 1 year.
  • Annual Surcharge: $1,000 to $2,000 per year for three years to keep your license.
• Second DWI (Class A Misdemeanor):
  • Jail Time: 30 days to 1 year (mandatory minimum 72 hours if BAC ≥ 0.15).
  • Fines: Up to $6,000.
  • Driver’s License Suspension: 180 days to 2 years.
  • Annual Surcharge: $1,500 to $2,000 per year for three years.
• Third DWI (Third-Degree Felony):
  • Prison Time: 2 to 10 years in the Texas Department of Criminal Justice.
  • Fines: Up to $10,000.
  • Driver’s License Suspension: 180 days to 2 years.
  • Permanent Felony Record: Loss of voting rights, firearm ownership, and more.
• Enhanced Penalties: A BAC of 0.15 or higher elevates the charge to a Class A Misdemeanor even on a first offense, with increased fines and potential for an ignition interlock device as a condition of bond.

The Hidden, Life-Altering Consequences:

• Criminal Record: A DWI is publicly discoverable forever, affecting job applications, professional licenses (nursing, law, real estate, etc.), security clearances, and housing.
• Employment & Financial Impact: Job loss, difficulty finding new employment, and skyrocketing auto insurance rates (often doubling or tripling for 3-5 years).
• Personal Stigma: Damage to personal reputation and strain on family relationships.
• Immigration Consequences: For non-U.S. citizens, a DWI conviction can trigger deportation, denial of naturalization, or inadmissibility.
• Ignition Interlock Device: Courts often mandate this costly and intrusive device on your vehicle.

Part 2: The Two Simultaneous Battles: Criminal Case & Driver’s License Suspension

Crucially, a Texas DWI triggers two separate legal proceedings:

1. The Criminal Case: Handled in Bexar County courts (e.g., County Court at Law, District Court), this determines guilt, jail time, and fines.
2. The Administrative License Revocation (ALR) Hearing: A civil action by the Texas Department of Public Safety (DPS) to suspend your driver’s license.

You have only 15 days from the date of arrest to request an ALR hearing to fight your license suspension. If you fail to request this hearing, your license will be automatically suspended 40 days after your arrest. This deadline is non-negotiable. A skilled DWI attorney will immediately file for this hearing, which also serves as a critical early discovery tool to question the arresting officer under oath before the criminal trial.

Part 3: The Anatomy of a DWI Stop & Arrest: Where Defenses Are Born

Every DWI case is a chain of evidence. If we can break one link, the entire case can collapse. We meticulously scrutinize each stage.

Stage 1: The Initial Traffic Stop – Was It Legal?

An officer must have reasonable suspicion of a traffic violation or crime to pull you over. We examine the officer’s stated reason: Was the lane change truly unsafe? Was the tail light actually out? Was the stop based on an anonymous, unreliable tip? An illegal stop can lead to suppression of all evidence that followed.

Stage 2: The Detention & Investigation

After the stop, the officer must develop probable cause to arrest you for DWI. This typically involves:

• Pre-Field Sobriety Test Observations: Slurred speech, bloodshot eyes, the “odor of alcohol.” We challenge the subjectivity of these observations (allergies, fatigue, contact lenses can explain them).
• Standardized Field Sobriety Tests (SFSTs): The NHTSA-approved “big three” are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. These are voluntary and highly subjective. We attack their administration: Was the surface uneven or slippery? Was traffic distracting? Were instructions poorly given? Did medical conditions (inner ear issues, injury, age, weight) affect performance?

Stage 3: The Chemical Test – Breath or Blood

This is the State’s “scientific” evidence, but it is far from infallible.

Breath Test (Intoxilyzer 9000):

• Machine Malfunction & Maintenance: The Intoxilyzer requires rigorous, documented calibration and maintenance. We subpoena all maintenance records and logs.
• Operator Error: The officer must be properly certified and follow a strict 15-minute observation period (to prevent “mouth alcohol” from skewing results).
• Non-Specific Analysis: The machine cannot distinguish between ethanol (drinking alcohol) and other chemical compounds (like acetone from a diabetic’s ketosis, certain diets, or occupational exposure).
• Rising Blood Alcohol Defense: Your BAC may have been below 0.08 while driving but rose by the time of the test at the station.

Blood Test:

• Chain of Custody: We track the vial from the draw to the lab. Any break in the documented chain can compromise the sample.
• Fermentation: Improper storage can cause the blood sample to ferment, artificially raising the BAC.
• Lab Analysis & Technician Credentials: We demand the lab’s protocols, the analyst’s qualifications, and raw data. The use of gas chromatography is complex, and errors occur.
• Warrant Issues: For a mandatory blood draw (often in accident cases or refusal scenarios), the state must have a valid warrant or qualify for a warrantless exception. We aggressively challenge defective warrants.

The Critical Decision: To Refuse or Submit to a Chemical Test?

Under Texas Implied Consent law, by driving on Texas roads, you have consented to a test if arrested for DWI. Refusal leads to an automatic 180-day license suspension and can be used against you in court. However, it also deprives the State of its strongest evidence. There is no universally right answer; it depends on the circumstances. This is a strategic decision best made with an attorney’s guidance, ideally before you’re ever in that situation.

Part 4: Proven DWI Defense Strategies We Employ at Barton & Associates

We do not take a one-size-fits-all approach. We build a custom defense based on the unique flaws in your case.

1. Motion to Suppress Evidence: Our most powerful tool. We file detailed motions arguing the stop, detention, or arrest was illegal, or that the chemical test was unconstitutional. Winning a suppression motion can eviscerate the State’s case, often leading to dismissal.
2. ALR Hearing Advocacy: We use this hearing to cross-examine the arresting officer, lock them into a story, and discover weaknesses long before the criminal trial.
3. Scientific & Expert Witness Challenges: We consult with forensic toxicologists, breath test technical experts, and medical professionals to refute the “science” behind the State’s evidence.
4. Investigation of the Scene & Officers: We visit the arrest location, obtain all dashcam and bodycam footage (which often contradicts police reports), and investigate the arresting officer’s history for patterns of misconduct or faulty DWI arrests.
5. Negotiation for Reduced Charges: In cases where the evidence is strong, our goal shifts to damage control. Our reputation as trial-ready attorneys gives us leverage to negotiate for a reduction to a non-DWI offense like Obstruction of a Highway or Reckless Driving, which avoids a DWI conviction.
6. Trial-Ready Aggression: If the State refuses a fair offer, we are fully prepared to take your case before a Bexar County jury. We present a compelling, alternative narrative that creates reasonable doubt.

Part 5: Special DWI Circumstances in Texas

• DWI with a Child Passenger: A state jail felony with penalties up to 2 years and a license suspension of up to 180 days.
• Intoxication Assault & Manslaughter: Serious felonies where intoxication causes serious bodily injury or death. These require an immediate, monumental defense effort.
• Commercial Driver’s License (CDL) Holders: A BAC of 0.04 or higher, or any refusal, can permanently end your commercial driving career.
• Underage DWI (DUIA): For drivers under 21, any detectable amount of alcohol is a violation, with severe license sanctions.

Part 6: Why Choosing Barton & Associates for Your DWI Defense is Critical

Fighting a DWI requires a specialist. This is not the area for a general practice attorney.

• Deep Knowledge of Texas DWI Law & Science: We stay at the forefront of case law, statutory changes, and forensic challenges.
• Relationships in Bexar County: We know the prosecutors, judges, and local court procedures. This insight helps us navigate your case strategically.
• A Track Record of Results: We have successfully secured dismissals, not guilty verdicts, and reductions for our clients through meticulous preparation and aggressive advocacy.
• Client-Centered Focus: We explain every step, return your calls, and ensure you make informed decisions about your future.

Frequently Asked Questions (FAQs) About Texas DWI

Q: How long will a DWI stay on my record?
A: A DWI conviction is permanent on your criminal record in Texas. It can only be removed in extremely rare circumstances through an expunction (if the case was dismissed) or a non-disclosure (sealing) for certain first-time offenders who meet strict criteria, often after a lengthy waiting period.

Q: Can I get an occupational license after a DWI suspension?
A: Yes, typically after a 30- or 90-day hard suspension, you may be eligible for an Occupational Driver’s License (ODL) for work and essential household duties. We guide clients through this application process.

Q: Do I need a lawyer for a first-time DWI?
A: Absolutely. The consequences are too severe to risk. A lawyer can often secure a result that avoids a conviction or minimizes the damage in ways you cannot achieve on your own.

Q: What if I was arrested but my BAC was under 0.08?
A: You can still be charged and convicted. Texas law allows a DWI conviction if you have “lost the normal use of your mental or physical faculties” due to alcohol or drugs, regardless of BAC.

Q: How much does a DWI attorney cost?
A: Costs vary based on case complexity (first offense vs. felony, blood test vs. breath test). We offer transparent fee structures and payment plans. Consider it an investment in protecting your livelihood, which will cost far more over time if you are convicted.

Act Now—Your 15-Day ALR Deadline is Ticking

Time is your enemy in a DWI case. Evidence must be preserved, the ALR hearing requested, and an investigation launched immediately.

Do not speak to prosecutors or plead guilty without first speaking to us. Your future is worth fighting for.

Contact Barton & Associates today for a confidential, in-depth case evaluation. Our San Antonio DWI defense lawyers are ready to stand with you. Call us 24/7 at 210-500-0000.