Kendall County DWI Lawyer

A DWI arrest in Kendall County moves through the courts differently than a charge in Bexar or Travis County. The prosecutors, the judges, and the local enforcement culture all shape what happens next. If you were stopped on Highway 46, pulled over near Boerne, or arrested after leaving a Comfort winery or brewpub, what happens in the first 48 hours can determine the outcome of your case. Securing a Kendall County DWI lawyer early is not about optics. It is about making sure critical evidence gets preserved, your license rights get protected, and the state’s case gets examined before it hardens into a conviction.

Texas DWI law is straightforward on paper and complicated in practice. A blood or breath test result above the legal limit does not guarantee a conviction, and an arrest does not mean a conviction is inevitable. Field sobriety tests have real methodological weaknesses. Traffic stops can be legally deficient. Blood draw procedures must follow strict protocols. When those protocols are not followed, or when the stop itself lacked legal justification, the evidence that looks damning can become the foundation of a defense. You need someone who knows how to find those openings and what to do with them.

The Law Offices of David C. Hardaway defends people charged with DWI throughout Kendall County and the surrounding region of Central Texas. We handle first-time offenses, repeat charges, felony-level DWI cases, and everything in between. Our approach is direct: we analyze the prosecution’s case, identify its weaknesses, and build a defense strategy around what the facts actually support.

What a DWI Charge in Kendall County Actually Involves

• First DWI Offense (Class B Misdemeanor): A first-time DWI with a BAC under 0.15 is a Class B misdemeanor under Texas law, carrying potential jail time, fines, and mandatory license suspension. Probation, alcohol education programs, and ignition interlock conditions are common outcomes in Kendall County courts.
• DWI with BAC of 0.15 or Higher: Once a breath or blood test shows a BAC at or above 0.15, Texas law elevates the charge to a Class A misdemeanor. The penalties increase significantly, and prosecutors tend to pursue these cases more aggressively.
• Repeat DWI Offenses: A second DWI remains a Class A misdemeanor, but a third offense becomes a third-degree felony. Prior convictions from other counties and other states count, and prosecutors will use them to push for harsher outcomes.
• DWI with a Child Passenger: Transporting a passenger under 15 years old while intoxicated is a state jail felony regardless of BAC. This charge carries its own separate penalties and often triggers CPS involvement alongside the criminal case.
• Felony DWI Involving Injury or Death: Intoxication assault and intoxication manslaughter are serious felonies that carry substantial prison time. These cases require the kind of detailed investigation and forensic review that can only happen with early, committed legal representation.
• Commercial Driver DWI: For CDL holders, the legal BAC limit is 0.04, and a DWI conviction puts a commercial driver’s license at risk for extended periods. The career consequences extend far beyond what most people realize at the time of arrest.
• ALR Hearings and License Suspension: Texas’s Administrative License Revocation process runs separately from the criminal case. A request for an ALR hearing must be made within 15 days of arrest or the right to contest the suspension is lost automatically. Missing this deadline is one of the most common and costly mistakes DWI defendants make.

Why The Law Offices of David C. Hardaway for a Kendall County DWI Defense

DWI defense requires someone who has worked inside the Texas criminal justice system long enough to understand how prosecutors build their cases, where the evidence tends to break down, and what procedural arguments courts in this region actually respond to. The Law Offices of David C. Hardaway has handled DWI cases ranging from first-time arrests to felony-level charges throughout Kendall County, Comal County, Bexar County, and the surrounding area. That geographic coverage matters because the practices and tendencies of individual courts, individual prosecutors, and individual judges vary, and local experience translates directly into better strategic decisions.

Client feedback consistently points to two things: responsiveness and straight talk. Robb M. noted being able to reach David when needed and described the staff as polite and sensitive. Chad Y. appreciated that he was always spoken to directly and without evasion. Edward G. described a complex case that resulted in dismissal. Jason K. highlighted how thorough investigation and attention to detail made the difference between a dismissal and a conviction. These are not just reviews. They reflect what it actually feels like to have a lawyer who treats your case as a serious matter that deserves serious attention. When you call our office, you will get answers, not voicemail loops.

A DWI case in Kendall County is not a situation where generic legal advice gets the job done. Our team builds case-specific defense strategies because the facts of your case are what determine the outcome. Whether the issue is a flawed traffic stop, an improperly maintained breathalyzer, a blood draw that was not handled correctly, or a field sobriety evaluation that did not follow standardized procedures, we examine all of it. And we do that work from the start, not on the eve of trial.

What to Do After a DWI Arrest in Kendall County

The 15-day window for requesting an ALR hearing is the most urgent deadline most people do not know about. Under Texas law, when you are arrested for DWI and either fail a chemical test or refuse one, the Department of Public Safety will move to suspend your license. You have 15 days from the date of arrest to request a hearing to contest that suspension. After that window closes, the suspension happens automatically and there is nothing to be done about it. Contact a DWI attorney in Kendall County before that deadline passes.

The criminal case and the license suspension process run on parallel tracks and require separate attention. Do not assume that hiring a lawyer for the criminal case takes care of the ALR process. Make sure your attorney is handling both.

Kendall County criminal cases are handled through the Kendall County District and County Courts at the Kendall County Courthouse in Boerne, located at 201 East San Antonio Avenue. Misdemeanor DWI cases are typically heard in the County Courts, while felony DWI matters go through the District Court. Knowing which court handles your charge, which prosecutor is assigned, and what the local procedures require is part of the groundwork that gets laid before any court date arrives.

Preserve everything you can from the night of your arrest. Receipts from wherever you were before you drove. The names of people who were with you. Any dashcam or security camera footage that might have captured the stop, the field sobriety tests, or your behavior before or after the stop. These pieces of information can become evidence, and evidence disappears quickly. Do not discuss the details of your case with anyone other than your attorney, including on social media.

A common mistake is waiting to see what happens at the first court appearance before deciding to hire a lawyer. By that point, critical opportunities have already passed. The ALR deadline may have come and gone. Surveillance footage may have been erased. The prosecution has already started building its file. The earlier you contact a Kendall County DWI attorney, the more options remain on the table.

How DWI Evidence Gets Challenged in Texas Courts

Breath test machines used in Texas require regular calibration and maintenance. Records of that maintenance are subject to discovery, and gaps or irregularities in those records can undermine the reliability of the reading. An Intoxilyzer result does not carry the weight it appears to carry if the machine producing it has not been properly maintained or if the officer administering the test did not follow the required observation period.

Blood tests raise different issues. Chain of custody matters, meaning every person who handled the sample from the draw to the lab to the report must be accounted for. Contamination, fermentation, and improper storage are real phenomena that defense attorneys examine. If the blood was not drawn by a qualified professional or if it was not handled correctly afterward, the test result can be challenged.

Standardized field sobriety tests, including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are only reliable when administered correctly. Officers must follow specific protocols. They must take into account environmental conditions, footwear, medical conditions, and other factors that can affect performance. When those factors are not accounted for, a person can fail a field sobriety test for reasons that have nothing to do with alcohol.

Finally, the traffic stop itself must be legally valid. An officer must have had reasonable suspicion to pull you over in the first place. If the stop was pretextual or lacked a sufficient legal basis, everything gathered after it, including test results and statements, may be suppressible. A DWI defense attorney serving Kendall County will examine the dashcam footage, the officer’s report, and the sequence of events to determine whether the stop holds up to legal scrutiny.

Questions Kendall County DWI Defendants Actually Ask

What happens if I refused to take a breath or blood test at the time of my arrest?

Refusal triggers an automatic license suspension under Texas implied consent law, and the suspension period for refusal is typically longer than the suspension for a failed test. However, refusal also means the prosecution does not have a chemical test result to use against you in court, which can complicate their case. An ALR hearing request must still be filed within 15 days, and a DWI lawyer can help you decide how to approach the refusal in the context of your overall defense.

Will a DWI conviction stay on my record permanently in Texas?

Texas does not allow expunction of a DWI conviction. If you are convicted, the conviction remains on your record. However, if charges are dismissed or you are acquitted, expunction may be available. In some cases involving deferred adjudication, a non-disclosure petition may be an option depending on the specific circumstances and the charge level. This is one of many reasons why the outcome of the case matters enormously, not just for immediate penalties but for long-term record consequences.

Can I get an occupational license to drive while my license is suspended after a DWI?

Texas does allow courts to issue occupational licenses for people whose licenses have been suspended, permitting driving for work, school, or essential household purposes. There are conditions attached, including proof of financial responsibility and sometimes an ignition interlock requirement. An attorney can help you petition for this license quickly after the suspension takes effect so that the impact on your daily life is minimized.

How long does a DWI case typically take to resolve in Kendall County?

Case timelines vary significantly depending on whether the charge is a misdemeanor or felony, whether a blood test was ordered and is pending lab results, and how contested the case is. Some misdemeanor cases resolve within a few months. Cases involving blood tests often take longer because lab results from the Texas Department of Public Safety crime lab are not always returned quickly. Felony DWI cases involving injury or death can take considerably longer. Your attorney should be able to give you a realistic projection once they have reviewed the facts of your specific case.

Does a DWI on a boat or a lawnmower count in Texas?

Boating while intoxicated is a separate offense under Texas law and carries its own penalties. Texas also has a broad definition of what qualifies as a motor vehicle for DWI purposes. These edge-case charges do come up, and they are handled in much the same way as standard DWI charges, with the same focus on evidence review, proper procedure, and challenge to the stop or detention.

What if I was only charged because of a checkpoint or roadblock?

Texas law does not currently permit suspicionless DWI sobriety checkpoints of the type that some other states use. If you were stopped at what was presented as a sobriety checkpoint in Texas, there are serious questions about the constitutionality of that stop. The details of how and why you were stopped matter significantly, and they should be reviewed by a DWI attorney before any decisions are made.

Will a Kendall County DWI affect my professional license?

Many licensed professionals, including nurses, physicians, pharmacists, teachers, attorneys, and others, face licensing board consequences on top of criminal penalties after a DWI conviction. Texas licensing boards often require disclosure of criminal charges and convictions, and a conviction can trigger disciplinary proceedings separate from and in addition to the criminal case. If you hold a professional license, that dimension of the case needs to be part of the conversation from the start.

Is it possible to get a DWI charge reduced or dismissed in Kendall County?

Yes, reductions and dismissals do happen. Charges may be reduced when the evidence has significant weaknesses, when procedural problems exist, or when the facts of the case support a different characterization of events. Dismissals occur when evidence is suppressed, when the prosecution lacks sufficient proof, or when other legal deficiencies make the case untenable. An attorney who has handled DWI cases in Kendall County knows the realistic range of outcomes and what facts tend to drive negotiations in that jurisdiction.

What is the ignition interlock requirement in Texas after a DWI?

Texas law requires ignition interlock devices as a condition of bond in many DWI cases, meaning you may be required to install one in your vehicle before your case is even resolved. A conviction often carries an interlock requirement as well, particularly for repeat offenders or cases involving high BAC readings. The costs of installation and monthly monitoring fall on the defendant. This is one of the practical consequences that people often are not told about at the time of arrest.

If the officer did not read me my Miranda rights, does that mean my case gets dismissed?

Not automatically. Miranda rights apply to custodial interrogation, meaning questioning that occurs after you are in custody. Statements made before a formal arrest or in response to routine traffic stop questions generally are not subject to Miranda protection. If Miranda warnings were required and not given, any statements taken in violation of that requirement may be suppressed, but suppression of a statement does not automatically end a case. The strength of the remaining evidence determines where things go from there.

DWI Defense Representation Across Kendall County and the Surrounding Region

The Law Offices of David C. Hardaway represents clients charged with DWI throughout Kendall County, including in Boerne, Comfort, Sisterdale, Fair Oaks Ranch, and the unincorporated areas throughout the county along Highway 46, IH-10, and the back roads connecting the Hill Country communities of this region. Kendall County sits at the intersection of the San Antonio metro area and the Texas Hill Country, and DWI arrests in this area reflect both the rural character of the county and the traffic patterns tied to the weekend tourism economy.

Beyond Kendall County, our DWI defense practice extends into Comal County, including New Braunfels and Canyon Lake, and into Bexar County, Hays County, and Guadalupe County. We handle DWI cases for clients from San Marcos, Kyle, Buda, Seguin, Schertz, and Cibolo, and we represent clients throughout the Hill Country including Kerrville, Fredericksburg, and the surrounding Kerr and Gillespie County areas. Our offices in San Marcos and Fredericksburg allow us to serve clients across this broad region without requiring long travel for consultations.

Talk to a Kendall County DWI Attorney About Your Case

The decisions you make in the days following a DWI arrest in Kendall County are consequential. Which hearings you request, what statements you make, what evidence you preserve or fail to preserve, all of it shapes what happens in court. A Kendall County DWI attorney from The Law Offices of David C. Hardaway will review your case directly, give you an honest read on your situation, and start building a defense from the facts that actually exist in your case. Call our office to schedule a confidential consultation.