Is a DWI a felony or a misdemeanor in Texas?
A first or second DWI in Texas is generally a misdemeanor. A first offense under Texas Penal Code Section 49.04 is a Class B misdemeanor carrying a minimum of 72 hours in jail and up to 180 days, plus a fine of up to two thousand dollars. A second offense is a Class A misdemeanor with a minimum of 30 days in jail and up to one year. A DWI becomes a felony — specifically a third-degree felony — when the defendant has two or more prior DWI convictions, when the offense involves intoxication assault causing serious bodily injury, when intoxication manslaughter results, or when a child under 15 was in the vehicle at the time of the offense. A felony DWI in Texas carries a potential prison sentence of two to ten years and is prosecuted in a district court rather than a county court at law. No matter the level of the charge, there is no deferred adjudication available for DWI in Texas — any plea short of a dismissal or not-guilty verdict results in a permanent conviction.
Can I refuse a breathalyzer test in Texas, and what happens if I do?
You have the right to refuse a breathalyzer test in Texas, but refusal carries automatic consequences under the state’s implied consent law. Texas Transportation Code Section 724.013 establishes that by operating a motor vehicle on a public road you have implicitly consented to breath or blood testing upon lawful arrest for DWI. Refusing the test results in a driver’s license suspension — 180 days for a first refusal, two years if you have a prior DWI conviction or prior refusal — and the refusal itself can be used as evidence against you in the criminal case. Law enforcement can also seek a warrant for a mandatory blood draw if they believe you are intoxicated, particularly in cases involving accidents or injury. Whether refusing or submitting to testing is better for your specific defense depends on the circumstances of the stop and your individual history, and it is a question worth discussing with an attorney before you are ever in that situation.
What is an occupational driver's license in Texas and how do I get one after a DWI suspension?
An occupational driver’s license — also called an essential needs license — is a restricted license that allows a person whose driving privileges have been suspended to drive for essential purposes including work, school, and medical appointments. To obtain one, you must file a petition in the appropriate court, demonstrate an essential need to drive, and in most cases install an ignition interlock device on your vehicle. The court order specifying the hours and purposes for which you may drive is then presented to the Texas DPS along with proof of ignition interlock installation and SR-22 insurance. There is a waiting period before you can apply — typically 90 days from the effective date of suspension for a first offense DWI, longer if you refused the breath or blood test or have prior offenses. Navigating the occupational license process alongside the criminal case is something our attorneys handle simultaneously so clients are not left without transportation during the pendency of their case.
What is intoxication manslaughter in Texas and how is it prosecuted in Bexar County?
Intoxication manslaughter under Texas Penal Code Section 49.08 applies when a person operating a motor vehicle while intoxicated causes the death of another person by accident or mistake. It is a second-degree felony carrying two to twenty years in state prison and a fine of up to ten thousand dollars. Unlike standard DWI, intoxication manslaughter does not require proof that the defendant intended to harm anyone — only that they were intoxicated and that their operation of the vehicle caused a death. In Bexar County, these cases are prosecuted in the felony district courts and are handled by experienced prosecutors who typically pursue significant prison time. The defense analysis begins with the same questions as any DWI: Was the initial stop legal? Was intoxication actually established through reliable evidence? Was causation properly proved? But the stakes and the complexity are substantially higher, and the consequences of waiting to retain an attorney are severe.
What are the penalties for possession of a controlled substance in Texas?
Texas drug possession penalties are determined primarily by the type of substance and the amount possessed, organized into penalty groups under the Texas Health and Safety Code. Penalty Group 1 — which includes cocaine, heroin, methamphetamine, and most opioids — carries the most serious consequences, ranging from a state jail felony for amounts under one gram to a first-degree felony for 400 grams or more, which carries a potential life sentence. Marijuana possession is classified separately and penalties range from a Class B misdemeanor for two ounces or less to a felony for larger amounts. Drug-free zone enhancements under Section 481.134 can increase the minimum sentence by a mandatory minimum when an offense occurs within 1,000 feet of a school, daycare, playground, or youth center. In San Antonio and across Bexar County, possession cases frequently turn on whether law enforcement had a legal basis to conduct the search that produced the evidence — a question that must be evaluated immediately after arrest.
What is asset forfeiture and can the government keep my property even if I am not convicted?
Civil asset forfeiture in Texas allows law enforcement to seize property alleged to be connected to criminal activity — and to seek forfeiture of that property through a civil proceeding that is legally separate from the criminal case. This means the government can pursue forfeiture of your vehicle, cash, or other property even if the criminal charges are dismissed or you are acquitted. Under Texas Code of Criminal Procedure Chapter 59, the standard of proof for civil forfeiture is a preponderance of the evidence — substantially lower than the beyond a reasonable doubt standard required for a criminal conviction. Fighting a forfeiture requires filing a timely answer to the forfeiture petition and litigating the civil case separately from the criminal defense. Many people are unaware that the deadline to contest a forfeiture is short and that failing to respond results in a default judgment against the property. If your property has been seized in connection with a drug arrest or other criminal charge, time is a factor in protecting it.
How does a drug charge affect a CDL or commercial driver's license in Texas?
What happens if the alleged victim in a domestic violence case does not want to press charges in San Antonio?
In Texas, the decision to prosecute an assault family violence case belongs to the Bexar County District Attorney’s office, not the alleged victim. A complaining witness can recant, refuse to cooperate, or formally state they do not want charges pursued — and the prosecution can still proceed if the DA’s office believes the evidence supports conviction without the victim’s testimony. Prosecutors frequently move forward using other evidence: responding officer observations, photographs of injuries, 911 recordings, body camera footage, medical records, and prior incident reports. The alleged victim can be subpoenaed and compelled to testify even if they do not wish to do so. That said, the strength of the state’s case without a cooperative witness is significantly affected, and an experienced criminal defense attorney can evaluate what evidence actually exists and what the realistic outcome of prosecution looks like given what the DA has to work with.
Can a protective order be issued against me without a hearing in Texas?
Yes. A magistrate’s order of emergency protection can be issued automatically following an arrest for family violence, sexual assault, or stalking without a separate hearing and without prior notice to you. This order takes effect immediately upon your release from custody and typically prohibits contact with the alleged victim and any household members, which can mean you are legally barred from returning to your own home. Violating a magistrate’s order of emergency protection is a separate criminal offense under Texas Penal Code Section 25.07 — a Class A misdemeanor for a first violation, escalating to a third-degree felony when prior violations exist or when family violence is involved in the violation. A longer-term protective order can be issued after a hearing at which you have the right to appear and contest the evidence. Having an attorney present at that hearing is critical, because the terms of a protective order can affect your housing, your contact with your children, and your firearm rights.
What is the difference between assault and aggravated assault in Texas, and does it matter for my defense?
Under Texas Penal Code Section 22.01, assault is intentionally, knowingly, or recklessly causing bodily injury to another person, or threatening someone with imminent bodily injury. It is generally a Class A misdemeanor. Aggravated assault under Section 22.02 elevates the charge to a second-degree felony when the assault causes serious bodily injury or when a deadly weapon is used or exhibited during the commission of the offense. A deadly weapon in Texas is defined broadly — it includes firearms, knives, and any object that in the manner of its use or intended use is capable of causing death or serious bodily injury, which courts have interpreted to include vehicles, belts, and even hands and feet in some circumstances. The distinction matters enormously for defense strategy because aggravated assault is a felony prosecuted in district court with significantly higher potential penalties, and the presence or absence of a deadly weapon or serious bodily injury is often the central factual dispute the defense needs to address.
What is the difference between expunction and an order of nondisclosure in Texas?
What are the grounds for divorce in Texas and does fault affect the outcome?
Texas allows both no-fault and fault-based divorce. The most common ground is insupportability — the marriage has become insupportable due to discord or conflict of personalities with no reasonable expectation of reconciliation — which requires no showing of wrongdoing by either party. Fault-based grounds include adultery, cruelty, felony conviction with imprisonment, abandonment for at least one year, living apart for at least three years, and confinement in a mental hospital. Fault matters because Texas Family Code Section 7.001 allows a judge to consider fault in the breakup of the marriage when making the just and right division of community property. A spouse who proves adultery or cruelty by the other party can receive a disproportionate share of the community estate. In practice, the decision to plead fault grounds adds cost and complexity to the case, and whether the potential property benefit outweighs those costs depends on the specific facts and the value of the marital estate.
What is a temporary order in a Texas divorce and why does it matter?
Temporary orders are court orders entered early in the divorce process — sometimes within the first few weeks of filing — that establish the rules both parties must follow while the case is pending. They typically address who remains in the marital home, a temporary parenting schedule for any children, temporary child support, temporary spousal support, payment of household bills and marital debts during the case, and in some cases restraining orders prohibiting either party from dissipating or transferring assets. Temporary orders matter for two reasons. First, they govern daily life for what may be six months to two years while the divorce proceeds — the arrangements they establish for children and finances become the status quo that both parties live under throughout the litigation. Second, in contested cases, the status quo established by temporary orders frequently influences the terms of the final decree, because judges are reluctant to disrupt arrangements that have been working. Getting temporary orders right at the outset is one of the most strategically important phases of a contested Texas divorce.
Can I get divorced in Texas if my spouse lives in another state or country?
Yes, provided you meet Texas’s residency requirements. You or your spouse must have been a domiciliary of Texas for at least six months and a resident of the county where you file for at least 90 days immediately preceding the filing date. If you meet those requirements, Texas courts have jurisdiction to grant the divorce even if your spouse lives elsewhere. However, Texas courts may have limited jurisdiction over property located in other states or countries and limited ability to enter binding orders against a spouse who has no connection to Texas — issues that depend on whether the other state or country’s courts recognize Texas jurisdiction. Service of process on an out-of-state or international spouse must comply with specific procedural rules, and if your spouse cannot be located or refuses to engage, there are procedures for service by publication that allow the divorce to proceed. These cases have additional complexity that requires careful procedural navigation from the outset.
What is a covenant marriage and does Texas recognize it?
Texas does not have a covenant marriage statute — unlike Louisiana and Arizona, which created a separate form of marriage with more limited grounds for divorce. All marriages legally entered in Texas are standard civil marriages subject to the no-fault and fault-based divorce grounds available under the Texas Family Code. If you entered a covenant marriage in Louisiana or Arizona and later moved to Texas, the question of whether Texas courts will apply that state’s more restrictive divorce law or Texas’s own law is a conflict-of-laws issue that can arise in litigation. As a practical matter, Texas courts generally apply Texas divorce law to proceedings filed in Texas, but this is an area where specific legal advice based on your exact circumstances is important before filing.
What is a SAPCR and when is one filed in Texas?
A Suit Affecting the Parent-Child Relationship is the legal proceeding in Texas that establishes or modifies the legal rights and duties of parents — including conservatorship, possession and access schedules, and child support. A SAPCR is filed when unmarried parents need a court order establishing custody and support arrangements, when a custody or support order needs to be modified after a prior proceeding, or as part of a divorce when children are involved. In a divorce, the SAPCR issues are resolved within the divorce case itself. When parents were never married, a SAPCR must be filed as a separate proceeding to establish legal rights — without a court order, there is no enforceable custody arrangement and no legal obligation for either parent to allow the other access to the child. In San Antonio, SAPCR cases are heard in Bexar County’s family district courts, and the same best-interest standard under Texas Family Code Section 153.002 applies regardless of whether the parents were married.
What does joint managing conservatorship mean in Texas and does it mean equal time with the children?
Joint managing conservatorship is the default arrangement in Texas under Texas Family Code Section 153.131, and it means both parents share the rights and duties of raising the child — including the right to make decisions about education, medical care, and extracurricular activities. It does not mean equal possession time. Most joint managing conservatorship orders designate one parent as having the right to determine the child’s primary residence, and the other parent receives possession under the Standard Possession Order or a modified schedule. Equal or 50-50 time-sharing arrangements are possible but are not the automatic result of joint conservatorship — they require either agreement between the parents or a specific factual showing that equal time serves the child’s best interest. Sole managing conservatorship, which gives one parent the exclusive right to make most significant decisions, is reserved for cases where joint conservatorship would not be in the child’s best interest, often due to a history of family violence or other significant parenting concerns.
Can grandparents seek custody or visitation rights in Texas?
Grandparents have limited but real legal standing to seek access or custody in Texas under specific circumstances. Texas Family Code Section 153.433 allows a grandparent to seek court-ordered visitation if at least one biological or adoptive parent has not had their parental rights terminated, if the grandparent overcomes the presumption that the parent’s decision to deny visitation is in the child’s best interest, and if denial of access would significantly impair the child’s physical health or emotional well-being. The burden on grandparents to overcome the parental presumption is substantial — the Texas Supreme Court has interpreted it strictly in deference to parental rights. Grandparents can seek custody — managing conservatorship — in more compelling circumstances, such as when both parents are deceased, when the child has been living with the grandparent for at least six months, or when the child’s present circumstances would significantly impair their health or development. These cases require careful factual development and are more complex than standard custody modifications.
What happens to child custody and support if one parent is deployed on active military duty in Texas?
Texas Family Code Chapter 153 includes specific protections for military parents facing deployment. A court cannot enter a final custody order that permanently modifies a prior order solely because of a parent’s deployment or change in duty station. Temporary custody orders issued while a parent is deployed must be clearly labeled as temporary and are subject to modification when the service member returns from deployment. A deployed parent can also designate a family member — such as a grandparent, stepparent, or other close relative — to exercise their possession time while they are away. This is a provision unique to Texas military family law and allows children to maintain relationships with the deployed parent’s family during the absence. Child support obligations do not automatically pause during deployment and continue to accrue unless the court specifically modifies them. The intersection of military service and Texas family law applies frequently in San Antonio, Austin, and Corpus Christi, where large active duty populations mean these issues arise regularly.
What is separate property in Texas and how do I protect it in a divorce?
Separate property is property owned or claimed before marriage, property received during marriage as a gift or inheritance, and personal injury recovery for pain and suffering received during marriage — as defined by Texas Family Code Section 3.001. The critical issue is proving it. Texas law presumes all property possessed during a marriage is community property, and the burden of proving an asset is separate falls on the spouse claiming it. That proof must be clear and convincing — a higher standard than a preponderance of the evidence. Bank account statements tracing pre-marital funds, documentation of inheritance or gift transfers, deed records, and financial records are all tools used to trace and characterize separate property. The challenge arises when separate property has been commingled with community funds — for example, when a pre-marital bank account has been mixed with marital income over many years. In those situations, tracing becomes complex and often requires forensic accounting to disaggregate what remains separate from what has become community property.
What is contractual alimony in Texas and how is it different from court-ordered spousal maintenance?
Contractual alimony is spousal support agreed to by the parties in a written agreement — typically as part of a mediated settlement or negotiated divorce decree — and is enforceable as a contract rather than a court order. Because it is contractual, the parties can agree to any amount and any duration without being bound by the statutory caps that apply to court-ordered spousal maintenance under Texas Family Code Chapter 8. The trade-off is that contractual alimony is not enforceable through the same contempt mechanisms available for court orders — if a spouse fails to pay, the remedy is a breach of contract lawsuit rather than a motion for enforcement in the family court. Court-ordered spousal maintenance is subject to stricter eligibility requirements and statutory limits but carries the enforcement weight of a court order. Understanding which form of support best serves your specific situation — and how to structure it to maximize enforceability — is part of the strategic advice we provide during divorce negotiations.
How are stock options, RSUs, and deferred compensation divided in a Texas divorce?
Equity compensation — including stock options, restricted stock units, and deferred compensation plans — earned during a marriage is community property to the extent it was earned as a result of employment during the marriage, even if the vesting date falls after the divorce is final. The portion of unvested equity that is community property is calculated using a formula that compares the period of employment during the marriage to the total vesting period, a method sometimes called the time-rule or coverture fraction. Options that are in the money at the time of divorce have an ascertainable current value; options that are out of the money or unvested require negotiation about how to handle future vesting. These assets are particularly common in divorces involving Austin’s technology sector and are among the more complex valuation and division problems in high-asset Texas divorce cases. Getting the characterization and division right requires attorneys who understand both the legal framework and the mechanics of how equity compensation is structured.
How long do I have to file a personal injury lawsuit in Texas?
The general statute of limitations for personal injury claims in Texas is two years from the date of the injury, under Texas Civil Practice and Remedies Code Section 16.003. Missing that deadline means your claim is permanently barred regardless of how strong the liability evidence is or how serious your injuries are. There are limited exceptions — the limitations period may be tolled for minors until they reach age 18, and the discovery rule can apply when an injury was not immediately apparent — but these exceptions are narrowly construed by Texas courts and should not be relied upon as a reason to delay. Claims against government entities are subject to shorter deadlines and additional procedural requirements, including a notice requirement under the Texas Tort Claims Act that must be satisfied within six months of the incident. Evidence also disappears quickly after accidents — surveillance footage is overwritten, vehicle data recorders are reset, and witnesses become unavailable. Contacting a personal injury attorney as early as possible after a serious injury is always in your best interest regardless of where you are in the limitations period.
What damages can I recover in a Texas personal injury case?
Texas personal injury law allows recovery of both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages already incurred, and lost earning capacity going forward if the injury affects your ability to work in the future. Non-economic damages include physical pain and suffering, mental anguish, physical impairment, and disfigurement — all of which are recognized as compensable in Texas. In cases involving a spouse or family member’s injury, a loss of consortium claim may also be available to the uninjured spouse. Texas does not cap non-economic damages in most personal injury cases, though there are specific caps in medical malpractice cases under Chapter 74 of the Texas Civil Practice and Remedies Code. Punitive damages — also called exemplary damages — are available in cases involving gross negligence or intentional conduct and are capped at the greater of two hundred thousand dollars or two times economic damages plus an equal amount of non-economic damages up to seven hundred fifty thousand dollars under Section 41.008.
What is comparative fault in Texas and can I still recover if I was partially at fault for my accident?
Texas uses a modified comparative fault system under Texas Civil Practice and Remedies Code Section 33.001. You can recover personal injury damages even if you were partially at fault for the accident — but your recovery is reduced by your percentage of fault, and if you are found to be more than 50 percent responsible, you are barred from any recovery. For example, if a jury finds your total damages are one hundred thousand dollars but you were 30 percent at fault, your recovery is reduced to seventy thousand dollars. Insurance companies routinely attempt to assign fault to injured parties to reduce or eliminate their liability exposure, which is one of the primary reasons having a personal injury attorney involved early — before you give a recorded statement or sign any releases — is so important. The comparative fault percentages assigned by a jury are the product of how the case is presented, what evidence is introduced, and how effectively the defense’s fault attribution arguments are countered.
What should I do if an insurance company contacts me after a car accident in San Antonio before I have an attorney?
Be polite but provide only the most basic identifying information — your name and contact information — and tell the adjuster you will be in touch through your attorney. Do not give a recorded statement. Do not describe how the accident happened, what injuries you sustained, or how you are feeling. Do not accept any settlement offer or sign any release. Insurance adjusters are trained to gather statements that can be used to minimize your claim, and anything you say in the days immediately after an accident — when you may not yet fully understand the extent of your injuries — can be used to undervalue what you are owed. An adjuster who is friendly and seems to be on your side is still working to protect the insurance company’s financial interests, not yours. Once you retain an attorney, all communications from the insurance company go through your attorney’s office, which fundamentally changes the dynamic of the claim and almost always produces a better outcome than direct negotiation without representation.
How do wrongful death claims work in Texas, and who can file one?
A wrongful death claim under Texas Civil Practice and Remedies Code Section 71.002 allows certain family members to seek compensation when a person’s death is caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default. The parties who may file are limited by statute to the surviving spouse, children, and parents of the deceased. If none of those parties file within three months of the death, the estate’s personal representative may bring the claim on their behalf. Damages available in a wrongful death case include the survivors’ loss of the deceased’s companionship and society, mental anguish experienced by the survivors, loss of the deceased’s financial contributions to the household, and loss of inheritance. A separate survival claim — distinct from wrongful death — allows the estate to recover for damages the deceased person personally suffered before death, including medical expenses and pain and suffering incurred between the injury and death. Wrongful death cases in San Antonio arising from car accidents, trucking collisions, workplace incidents, and medical negligence all require immediate action to preserve evidence before the scene is altered or surveillance footage is overwritten.
