Driving while intoxicated

San Antonio DWI Defense

Accused of Drunk Driving?

DWI charges are accompanied with very real and very serious consequences. A drunk driving conviction in Texas affects a person negatively in many ways including but not limited to:

– Embarrassment or humiliation – Fines and forfeitures
– Alcohol assessment and treatment – Increased insurance rates
– Community service and probation – Suspension or loss of driver’s license
– Criminal record – Vehicle immobilization or forfeiture
– Mandatory jail or prison sentence – Reduced future job opportunities


Do you feel like this charge against you is something that you should fight? You should! Prosecutors will try to throw the book at you. But we can help. Call 210-224-8881 for a free and very confidential appointment.

DWI Information Center

Key DWI Elements Challenges
Consequences
Other DWI Considerations
Does the prosecution have a solid case against you?

If you or a loved one has been arrested for driving while intoxicated, the police and prosecutors would have you think that you are as good as convicted. Don’t believe it. Do not assume that you will be found guilty. Here is what the prosecutors usually will not tell you. Your San Antonio DWI defense lawyer can challenge your charge at every stage. Often times, the prosecution does not have the solid case that they might make you believe they have.
It is important to have an experienced DWI defense lawyer examine the evidence of your arrest. Below is a small list of the many challenges to your arrest that your attorney can make depending on the evidence of your individual case.

Illegal Stop

The police officer must have a legal reason to pull you over. Some of the reasons that an officer can pull you over for are:
  • a traffic violation
  • broken tail light
  • or weaving into other lanes
However, if the officer did not have probably cause to pull you over, then the officer made an illegal stop. In that case, the evidence gathered at that stop must be thrown out. We will examine the police officer’s “dash-cam” to find out if the officer had probable cause to pull you over. Often times the officer will pull you over for weaving, but you didn’t actually weave into another lane. It is not illegal to weave in your own lane even if your tire touches the line. You have to actually weave into another lane before probable cause can be established. There are far too many aspects of the illegal stop challenge to list on this web page. Suffice it to say that a knowledgeable San Antonio driving while intoxicated lawyer will be able to explain to you what the best defense for your case will be based on the individual circumstances of your arrest.

Implied Consent and Miranda Rights

The arresting officer must make certain things clear in order for an arrest to be legal. Some common mistakes that officers make is failing to get your consent to do a breath alcohol test and failure to explain your Miranda rights, i.e. “you have the right to remain silent, you have the right to an attorney, etc. Your rights must be given to you or certain evidence may not be used against you in court.

Challenging the Field Sobriety

Arresting officers often get creative with their field sobriety tests.

You do not have to tell the police anything, and you should not. You have the right to be silent and you have the right to an attorney. You have the right to refuse to cooperate with any of the testing the officer requests. Remember to be polite but firmly refuse to cooperate with the testing. Do not admit to drinking, when asked, you can exercise your right to remain silent. Exercise your rights. Assume that you are being recorded at all times after your arrest. You may be recorded even prior to the traffic stop, the officer may have a camera in his car, which he will then use to record the entire stop, including any statements you make. Be careful of even talking in the jail.

Protect your rights and your freedom. Contact our office as soon as possible and let us start to aggressively fight for you today 210-224-8881.