Boerne DWI Lawyer

A DWI arrest on a Hill Country road hits differently than one on a crowded urban highway. The communities around Boerne, from the stretch of I-10 running through Kendall County to the winding state highways feeding into town from Comfort, Helotes, and Fair Oaks Ranch, see their share of traffic stops that turn into criminal cases. Tourists heading back from wineries, locals leaving a Friday dinner, construction workers commuting before dawn. The circumstances vary widely, but the charge is the same, and the consequences are immediate, serious, and lasting. A Boerne DWI lawyer who knows Texas DWI law in depth can be the difference between a conviction that follows you for years and a case that gets reduced or dismissed.

Texas DWI law starts at a blood alcohol concentration of 0.08 percent, but law enforcement can arrest someone below that threshold if they believe the person has lost the normal use of their mental or physical faculties. That creates a lot of room for police interpretation, and it also creates real opportunities for a defense attorney to challenge what the officer actually observed, how that observation was recorded, and whether the tests administered were valid. These cases are built on evidence, and evidence can be challenged.

What happens in the first seventy-two hours after a DWI arrest shapes much of what follows. Texas’s Administrative License Revocation process begins running immediately, and failing to request a hearing within fifteen days of your arrest means an automatic license suspension. Most people charged with DWI do not know this. By the time they think to ask about it, the deadline has already passed. This is why the timing of your first call to a defense attorney matters as much as who you call.

What a DWI Charge in Kendall County Actually Looks Like

Boerne is the Kendall County seat, and DWI cases originating in the area are processed through the Kendall County courts. The county’s proximity to San Antonio and its role as a destination along I-10 means law enforcement runs regular DWI enforcement operations, including checkpoint-adjacent saturation patrols, particularly around holidays and local events. The Boerne Police Department and Kendall County Sheriff’s Office both make DWI arrests, and depending on where the stop occurred, the case may be filed in Kendall County Court at Law or, if the charge is a felony-level offense, in district court.

For most first-time defendants, the charge lands as a Class B misdemeanor. But the classification changes quickly under certain conditions. If your BAC was 0.15 or higher, the charge becomes a Class A misdemeanor, carrying increased potential penalties. A second DWI is also a Class A misdemeanor. A third offense becomes a felony. If a child under fifteen was in the vehicle, that is a separate state jail felony charge regardless of prior history. And if the arrest involved an accident causing serious bodily injury, the charge escalates to intoxication assault, a third-degree felony.

Understanding where your case sits on that spectrum is the first practical step, because the defense strategy, the negotiation posture, and the range of realistic outcomes all depend on it.

DWI Charge Categories and Defense Considerations in Texas

• First-Offense DWI (Class B Misdemeanor): Texas law defines a first DWI without aggravating factors as a Class B misdemeanor, with potential jail time and fines. These cases often involve suppression arguments targeting the legality of the traffic stop or the administration of standardized field sobriety tests.
• High BAC DWI (Class A Misdemeanor): When a breath or blood test returns a result of 0.15 or above, the charge is enhanced. Blood draw procedures and lab testing methodologies are common targets for defense challenges in these cases, particularly regarding chain of custody and instrument calibration.
• DWI with Child Passenger: Having a passenger under fifteen years old in the vehicle at the time of arrest results in a state jail felony charge under Texas Penal Code, separate from and in addition to the base DWI offense. This charge carries significant collateral consequences.
• Felony DWI (Third or Subsequent Offense): Texas treats a third DWI as a third-degree felony. Prior conviction records, the timing of prior offenses, and whether those prior convictions can be challenged are all critical factors in building this defense.
• Intoxication Assault and Intoxication Manslaughter: When a DWI arrest follows an accident causing serious bodily injury or death, the charges are felonies with substantially heavier sentencing exposure. These cases require intensive factual investigation and expert witness preparation.
• Commercial Driver DWI: CDL holders face a lower BAC threshold under federal regulations and the potential permanent loss of commercial driving privileges, which makes the stakes of a DWI charge entirely different for professional drivers.
• Boating While Intoxicated: Texas law covers intoxication on public waterways as well as roadways. Canyon Lake and the Guadalupe River corridor, both accessible from Kendall County, generate BWI cases that mirror DWI law in most respects but with distinct factual and procedural elements.

Why Clients Across Central Texas Choose The Law Offices of David C. Hardaway

The Law Offices of David C. Hardaway has built its practice across the Hill Country, the I-35 corridor, and Central Texas broadly, defending clients in Kendall County and throughout the surrounding region. Clients who have worked with the firm describe a consistent experience: direct answers, prompt communication, and an attorney who actually investigates rather than nudging people toward a quick plea. One client noted that the firm’s attention to detail is “unsurpassed,” specifically crediting thorough investigation and a refusal to settle for a conviction as the reason their case was dismissed. Another described a complex case that ended with the client going free, noting that the outcome made “the rest of your life easier.”

That kind of result does not happen by accident. It comes from treating each case as its own problem to be solved rather than a file to be processed. David Hardaway and his team handle DWI cases alongside the full range of serious criminal charges, which means they understand how prosecutors approach these matters and where those approaches can be challenged. For someone facing a DWI in Boerne or anywhere in Kendall County, working with a DWI attorney in this region who is familiar with local courts and how these cases actually move through the system is a practical advantage, not just a marketing claim.

What to Do After a DWI Arrest in the Boerne Area

The fifteen-day window to request an Administrative License Revocation hearing with the Texas Department of Public Safety is not a guideline, it is a hard deadline. Missing it means your license is suspended automatically, without a hearing, for a period that varies based on whether you refused chemical testing or took it and failed. If you submitted to a breath or blood test, the suspension period if you do not request a hearing is shorter than if you refused, but neither outcome is acceptable when a hearing might result in the suspension being overturned entirely. The moment you have legal representation, this request can be filed on your behalf.

Document everything you remember about the stop while it is still fresh: where you were pulled over, the time, what the officer said, what tests were administered, whether you were told why you were being stopped initially, and how the field sobriety tests were conducted. Were the instructions given clearly? Was the ground surface uneven? Was traffic passing nearby during the walk-and-turn test? These details matter more than most people realize, and they are hardest to reconstruct weeks later.

Your DWI case will be filed in Kendall County unless you were arrested elsewhere. The Kendall County District Attorney’s office handles prosecution, and depending on the charge level, the case proceeds through either Kendall County Court at Law or the 216th District Court in Boerne. Arraignment comes first, where you enter a plea. Most cases then move through a period of discovery, where your attorney reviews the prosecution’s evidence, including dashcam footage, bodycam footage, breath test records, and officer reports. Do not assume the evidence will be complete, clearly documented, or captured without error. Gaps and inconsistencies appear regularly, and an attorney reviewing that material carefully is the one who finds them.

Avoid discussing the case with anyone outside your legal team. That includes social media posts, conversations with co-workers, and particularly any communication with witnesses or others involved in the incident. Texas courts have seen DWI cases complicated significantly by what defendants said after the fact. Say nothing beyond what is legally required, and direct all questions from law enforcement to your attorney.

Questions People Ask About Boerne DWI Cases

What are the possible penalties for a first DWI in Texas?

A first-offense DWI classified as a Class B misdemeanor carries potential jail time, fines, and a surcharge program that applies upon conviction. The specific sentence in any case depends on the facts, the county, the judge, and the negotiation work done before trial. Probation with conditions such as an ignition interlock device is common in resolved cases, but the range of outcomes is wide, and that range is exactly what competent defense work is designed to influence.

Can I drive after a DWI arrest in Texas?

Yes, during the period between your arrest and any license suspension taking effect, and potentially during the ALR hearing process if a hearing is requested and a stay is in place. The specifics depend on whether you refused or submitted to testing and how quickly you request the ALR hearing. Your attorney can walk through what applies to your specific situation and what temporary driving privileges may be available.

What happens if I refused the breath or blood test?

Texas’s implied consent law means that refusal carries automatic ALR consequences, including a longer suspension period than a failed test in most cases. However, refusal also means there is no chemical test result for the prosecution to use as evidence, which changes the evidentiary picture in your criminal case. Whether refusal helps or hurts overall depends on the rest of the evidence in your case, and that analysis requires a fact-specific review.

Is it possible to get a DWI dismissed in Texas?

Yes. Dismissals happen when evidence problems surface during discovery, when the traffic stop is found to have lacked legal justification, when field sobriety tests were improperly administered, or when breath or blood test results are successfully challenged. They are not the most common outcome, but they are a real possibility in cases where defense counsel investigates aggressively and files the right motions. Several clients of this firm have had charges dismissed after full investigation.

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

Most misdemeanor DWI cases in Kendall County take several months from arraignment to resolution, whether by plea or trial. Felony-level DWI cases take longer. Cases involving contested evidence, pending lab results, or ALR hearings running parallel to the criminal case can extend the timeline. There is no fixed schedule, and pushing toward a quick resolution at the expense of a thorough defense is rarely in the client’s interest.

Can a DWI conviction affect my professional license in Texas?

Yes, and this is something that catches a lot of people off guard. Texas licensing boards for healthcare workers, educators, attorneys, contractors, and others may treat a DWI conviction as a reportable event that triggers a review. CDL holders face federal regulatory consequences that can end a commercial driving career regardless of what happens in state court. If you hold a professional license, it is worth discussing this dimension with your attorney at the outset, not after a plea has already been entered.

What if I was on prescription medication, not alcohol?

Texas DWI law covers impairment from any substance, including lawfully prescribed medications. If the arresting officer noted signs of impairment and the chemical test showed no alcohol, the prosecution may pursue a drug-impaired driving case. These are harder for prosecutors to prove because standard breath tests do not detect medication impairment, and drug recognition evaluator protocols are contestable. The analysis is genuinely different from a traditional alcohol DWI case and requires careful attention.

Will a DWI show up on a background check?

An arrest record appears on background checks even without a conviction. A conviction stays on your Texas criminal record and is visible to employers, landlords, and others running background searches unless it is later sealed through an order of nondisclosure, which requires meeting specific eligibility criteria. Not every DWI conviction qualifies for nondisclosure, and not every outcome of a case leaves that option open. This is another reason why how your case resolves matters beyond the immediate sentence.

What if the dashcam or bodycam footage from my arrest has been lost or deleted?

Law enforcement agencies in Texas are required to preserve evidence in criminal cases once a claim or prosecution is initiated. If footage that should exist has been lost, deleted, or was never preserved, that becomes a discoverable issue. Depending on the circumstances, the absence of footage that should have captured the stop, the field sobriety tests, or the arrest can be raised in motions and argued to a jury. Courts take evidence preservation issues seriously, and they can have real consequences for the prosecution’s case.

Should I take a plea deal if the prosecutor offers one early?

Early plea offers are often made before full discovery has been completed, meaning you and your attorney have not yet seen all of the evidence against you. Accepting a plea at that stage means resolving a case without knowing whether better options exist. An early offer is worth evaluating, but it is not necessarily worth accepting. The right answer depends on what the evidence actually shows once your attorney has reviewed it completely, and that review takes time and effort that pays off.

DWI Defense in Boerne and Throughout Kendall County and the Hill Country

The Law Offices of David C. Hardaway represents DWI defendants throughout Kendall County and the surrounding Hill Country and Central Texas region. That includes clients in Boerne itself, as well as those in Comfort, Welfare, Waring, Sisterdale, and the rural communities throughout the county. We also handle cases for clients in Fair Oaks Ranch, the Scenic Loop corridor, and communities along I-10 between San Antonio and Kerrville. To the north, we represent clients from Kerrville and throughout Kerr County, and to the east along the Guadalupe River communities heading toward New Braunfels. Clients from Leon Springs, Helotes, and the northwest San Antonio area regularly work with our firm when their cases are filed in Hill Country-area courts. Our offices in Fredericksburg serve clients throughout Gillespie County and the surrounding region, and our presence across Central Texas means we handle cases from communities stretching into Bexar, Comal, and Kerr Counties, as well as east toward Guadalupe County and the Seguin area.

If your case originated on I-10 near Boerne, on Highway 46, on State Highway 16 between Boerne and Kerrville, or on any of the rural roads throughout Kendall County, we know these roads, these courts, and the prosecutors and law enforcement agencies that handle these cases in this jurisdiction.

Talk to a Boerne DWI Attorney Before You Make Any Decisions

The decisions made in the first days and weeks after a DWI arrest have consequences that ripple through every stage of the case. Choosing not to request an ALR hearing, agreeing to speak with investigators without counsel, or accepting a plea offer before the evidence has been reviewed are all mistakes that can close doors permanently. A Boerne DWI attorney from The Law Offices of David C. Hardaway will review your case in full, explain exactly where you stand, and build the strongest possible response to what the prosecution has. Contact our office to schedule a confidential consultation and get clear answers about what comes next.