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San Marcos Criminal Defense Lawyer / New Braunfels DWI Lawyer

New Braunfels DWI Lawyer

A DWI arrest in New Braunfels isn’t just a traffic issue—it’s a criminal charge that can lead to jail time, steep fines, a suspended driver’s license, and a criminal record that follows you for years. And the local courts here in Comal County don’t treat these cases lightly.

At The Law Offices of David C. Hardaway, we help people just like you fight back against DWI charges every day. Whether this is your first offense or you’re facing a felony-level DWI with enhancements, our New Braunfels DWI defense lawyers are ready to challenge the evidence, protect your rights, and guide you toward the best possible result. We don’t do guesswork. We do strategy.

What Happens After a DWI Arrest in New Braunfels?

A typical DWI arrest in Comal County begins with a traffic stop, a field sobriety test, and potentially a breath or blood test. If your blood alcohol content (BAC) is 0.08% or higher—or if the officer simply believes you’re intoxicated—you may be arrested and booked at the Comal County Jail. From there, your case enters the criminal court system, and the clock starts ticking on both your criminal and administrative proceedings. You’ll face criminal charges, which can result in jail time, fines, probation, and more, as well as an administrative driver’s license suspension unless you request an ALR (Administrative License Revocation) hearing within 15 days.

The sooner you contact a DWI defense attorney, the better your chances of protecting your license and avoiding a conviction.

What Are the Penalties for DWI in Comal County?

Texas imposes harsh penalties for DWI, and Comal County prosecutors are not known for leniency. Here’s what you could be facing:

  • First Offense (Class B Misdemeanor) – Up to 180 days in jail and a $2,000 fine, license suspension of up to one year, surcharge fees and mandatory DWI education
  • Second Offense (Class A Misdemeanor) – Up to one year in jail and $4,000 in fines, longer license suspension, and possible installation of an ignition interlock device
  • Third Offense (Third-Degree Felony) – 2 to 10 years in prison, up to $10,000 fine, long-term license suspension, and a permanent felony record

Enhancements like having a child passenger in the car, a high BAC, or causing an accident can lead to even more severe consequences.

How We Challenge DWI Charges in New Braunfels

Just because you were arrested doesn’t mean you’ll be convicted. At The Law Offices of David C. Hardaway, we take a hard look at every angle of your case:

  • Was the traffic stop legal?
  • Did the officer follow proper procedures during field sobriety testing?
  • Were breath or blood samples handled correctly?
  • Are the test results accurate and admissible?

We know how to identify weaknesses in the state’s case and use them to your advantage. Whether through a motion to suppress evidence, a strong negotiation with the prosecutor, or a jury trial, we fight smart and stay prepared.

What If I Refused a Breath or Blood Test?

Refusing a chemical test can trigger an automatic driver’s license suspension under Texas’s implied consent law. However, refusal also makes it harder for prosecutors to prove your BAC in court, although the state will try to use your refusal against you.

If your driver’s license is suspended because you refused a test, you have 15 days from the date of arrest to request an ALR hearing and contest the suspension. We handle these hearings regularly and can represent you in both the administrative and criminal aspects of your case.

Common DWI Enhancements in New Braunfels

Some circumstances can turn a standard DWI into a much more serious offense. These enhancements include: DWI With Child Passenger (a State Jail Felony), BAC of 0.15 or higher (upgraded to Class A Misdemeanor), DWI With Accident or Injury (can lead to felony charges like Intoxication Assault), or Multiple Prior Offenses (third or subsequent offenses are felonies).

Enhanced DWI charges carry longer prison terms, higher fines, and harsher conditions for probation or parole. We have extensive experience handling complex DWI cases and know how to push back against inflated charges.

Can I Avoid Jail Time After a DWI Arrest?

Depending on your record and the facts of your case, yes. For many first-time offenders in Comal County, we’re able to negotiate alternative outcomes such as deferred adjudication, probation with conditions, DWI education and treatment programs, or community supervision instead of jail time. We will walk you through every option and help you make a decision that protects your record, your license, and your future.

Why Hire a Local DWI Defense Lawyer in New Braunfels?

Comal County is a unique legal environment. The judges, prosecutors, and law enforcement officers here have specific procedures and expectations — and you need an attorney who understands how things work locally. At The Law Offices of David C. Hardaway, we’ve spent years defending clients in New Braunfels Municipal Court, Comal County Court at Law, and the 274th and 433rd District Courts. We know the process, the people, and the strategies that get results.

Arrested for DWI in New Braunfels? Call Now.

A DWI charge is more than just a legal issue — it’s a threat to your freedom, your finances, and your future. But you don’t have to face it alone. We’re here to answer your questions, build a smart and aggressive defense, and guide you through every step of the process. Contact The Law Offices of David C. Hardaway today for immediate assistance. We serve clients throughout New Braunfels and Comal County and we’re ready to fight for you.