4940 Broadway St, Suite 130
San Antonio, TX 78209
4940 Broadway St, Suite 130
San Antonio, TX 78209
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You've been arrested for DWI or another intoxication offense. Now what? If you're reading this, you're on the right track. The first step after getting out of jail is finding a lawyer who will fight for you. The second is doing what you need to do to avoid jail, a conviction, the loss of your license and thousands of dollars in fines and fees.
A DWI can be as simple as whether the officer followed the law, or as technical as whether your blood was tested correctly on a gas chromatograph. Once you're in it, you'll find quickly that the case is about much more than whether you had a drink and drove.
Brian Powers was trained as a police officer to make DWI stops, run field sobriety tests and operate a breath test machine. He later prosecuted intoxication cases as a felony prosecutor and served as a magistrate judge. Now he uses that experience to defend people charged with DWI in San Antonio and Bexar County.
A DWI arrest in Texas starts two separate cases that move on different timelines.
You have only 15 days from your arrest to request an ALR hearing. If you miss that window, the suspension generally goes into effect automatically. Requesting the hearing preserves your ability to fight the suspension, and the hearing itself can give your lawyer an early look at the officer's testimony. Winning the ALR hearing does not dismiss the criminal case, and losing it does not mean you are guilty. For a full walk-through of the license hearing, read Stopped for a DWI in San Antonio? How DWI Lawyers Fight Charges and Help Keep Your License.
DWI under Penal Code §49.04 means operating a motor vehicle in a public place while intoxicated. Texas law defines intoxicated two ways:
That second definition matters. You can be charged with DWI with a breath or blood result under 0.08, and you can be charged based on prescription medication or other drugs with no alcohol at all. The limit is 0.04 for drivers operating a commercial vehicle, and drivers under 21 can be charged for driving with any detectable amount of alcohol.
A conviction can also bring license suspension, an ignition interlock device and a large state fine in addition to court costs, plus higher insurance rates and problems with employers.
Most DWI cases start with a traffic stop. An officer might pull you over for speeding, changing lanes without signaling or failing to stay in a single lane. Sometimes there is a 911 call describing your vehicle. Sometimes someone falls asleep at a light and the police pull up behind them. The possibilities are as endless as the Transportation Code. From that moment on, the officer is documenting everything you do.
How did you drive when the lights came on? Did you go three extra blocks before pulling over? Straddle the lanes? Forget to put the car in park? The officer is writing it all down.
Did you roll down the window right away? Did the officer note an odor of alcohol, bloodshot eyes or slurred speech? Did you fumble with your license and insurance? When you stepped out, did you lean on the car, stumble or trip on the way to the back of the vehicle?
There are three standardized field sobriety tests: the Horizontal Gaze Nystagmus (an eye test), the Walk and Turn, and the One-Leg Stand. They test balance, coordination, eye reflexes and your ability to follow a complicated set of directions. Now do them on the side of the road, at night, in front of an armed officer, more nervous than you have ever been. That is a recipe for disaster.
After an arrest, the officer will ask for a breath or blood sample. If you refuse, the officer will often get a warrant and take your blood anyway. If your breath result is under 0.08, the officer still has to decide whether to charge you based on everything else. If it is 0.08 or higher, you will likely be charged. If your blood was drawn, the State will usually charge you and wait on the lab results.
A DWI can be fought on multiple levels. Just like the police investigation, the defense works through each stage of what happened and asks whether it was done right.
Did the officer have a lawful reason to stop you? What does the dash camera actually show about your driving? If the stop wasn't legal, the evidence that came after it may be thrown out.
Did you speak clearly, hand over your license without fumbling and walk normally? Police reports very often say "bloodshot eyes and odor of intoxicants." A jury watching the video can't smell your breath. The officer will ask them to take his word for it, and the video doesn't always back him up.
Did the officer give the instructions the way the National Highway Traffic Safety Administration requires? Was the ground level and safe? Was your face turned away from the flashing lights during the eye test, so the strobes didn't affect the result? Medical conditions, injuries, age, weight and footwear can also affect performance.
Were you given the correct instructions? Was the machine working properly, and were the required checks and maintenance done? Was the observation period followed? There are many ways a breath test can go wrong.
A blood test is a procedure with a hundred steps, and all of them must be done right. Was the warrant written and executed correctly? Did the person drawing the blood use a non-alcohol swab? Was the blood put in the right tube, mixed properly and stored correctly? How long did it sit before testing? Was the analyst qualified, the lab clean and the batch free of contamination? Were the gas chromatograph results interpreted correctly?
You have the right to remain silent and the right to a lawyer. Field sobriety tests are voluntary in Texas. Refusing a breath or blood test has its own consequences for your license, which is one more reason the ALR deadline matters. If police violated your rights, your lawyer can move to suppress the evidence.
All of these questions need to be evaluated by a lawyer who knows how the process is supposed to work. In 1999, Brian Powers was trained as a police officer in every step of a DWI investigation: the stop, the approach, the field sobriety tests, the arrest and the use of a breath test machine. In 2006, he was trained in prosecuting intoxication offenses as a new lawyer with the Bexar County District Attorney's Office. In 2017, he studied the details of blood alcohol testing in Chicago at the Axion Laboratory. He has handled hundreds of intoxication cases since becoming a defense attorney.
You need a lawyer who can tell you realistically how to proceed, from the moment of arrest to the end of your case, and who will explain the possible outcomes so you can make an informed decision. Depending on the evidence, that may mean fighting for a dismissal, negotiating a reduced charge or taking the case to trial.
You have 15 days from the date of your arrest to request an ALR hearing with DPS. Call a lawyer right away so the request is filed on time.
Usually not. A first DWI is a Class B misdemeanor, or a Class A misdemeanor if your alcohol concentration was 0.15 or more. It becomes a felony with a child passenger under 15, with two prior DWI convictions, or when someone is seriously hurt or killed.
Yes. Texas can charge you if the State believes you lost the normal use of your mental or physical faculties, regardless of the number. Those cases depend heavily on the officer's observations and the video, which gives the defense room to work.
No. The license case and the criminal case are separate. A good result at the ALR hearing protects your driving privileges, and the testimony from that hearing can help in the criminal case, but the criminal charge continues on its own track.
Bring your bond paperwork, any citation or notice of suspension, any test results you were given, the names of witnesses and your own notes on the timeline of the stop. Small details about timing and conditions can matter.
If you've been arrested for DWI or any intoxication offense in San Antonio or Bexar County, the clock on your license is already running. Call Brian Powers Law at (210) 222-9446 or contact us online for a free consultation.