San Antonio DWI Lawyer

A DWI arrest in San Antonio sets off a chain of legal consequences that most people are not prepared for. The traffic stop itself is only the beginning. Within days, you may be looking at an Administrative License Revocation hearing with the Texas Department of Public Safety, a bond hearing in Bexar County, and the first in a series of court dates that will continue for months. The decisions you make during this window, including who represents you and how quickly they get to work, shape everything that follows. Working with a San Antonio DWI lawyer who understands both the procedural mechanics of Texas DWI law and the specific practices of Bexar County courts gives you a genuine advantage at every stage.

Texas DWI law treats even a first-time offense seriously. A conviction can result in driver’s license suspension, fines, mandatory alcohol education programs, the installation of an ignition interlock device, and a permanent criminal record that follows you through background checks, professional licensing applications, and immigration proceedings. Repeat offenses, or cases involving elevated breath or blood alcohol readings, accidents, or child passengers, carry progressively heavier penalties that can reach felony territory. The science behind how DWI cases are built, how field sobriety tests are administered, and how breathalyzer and blood draw evidence is handled is contested ground, and an attorney who knows how to challenge that evidence can fundamentally alter the outcome.

The Law Offices of David C. Hardaway defends clients facing DWI charges throughout Central and South Texas, including Bexar County and the San Antonio metro area. Our firm represents people at every stage of the process, from the moment after arrest through trial if it comes to that, and we work to find the weakest points in the prosecution’s case before they have time to solidify.

How Bexar County Prosecutes DWI Cases and Why That Matters for Your Defense

DWI cases in San Antonio move through Bexar County courts, with misdemeanor DWI offenses typically handled in the Bexar County courts-at-law and felony DWI charges assigned to the district courts. The Bexar County Justice Center at 300 Dolorosa Street serves as the main courthouse hub for these matters, and the processes, prosecutors, and judicial practices there differ from what you would encounter in Hays County or Guadalupe County courts.

One of the most time-sensitive procedural elements in any Texas DWI case is the Administrative License Revocation (ALR) process managed by the Texas Department of Public Safety. When a driver refuses or fails a breath or blood test, DPS will move to suspend their license. You have only fifteen days from the date of arrest to request an ALR hearing. Missing that deadline means the suspension proceeds automatically. An attorney can request that hearing, give you the opportunity to contest the suspension, and use the hearing itself as an early discovery tool, obtaining testimony from arresting officers under oath before the criminal case goes further.

San Antonio is one of the largest cities in Texas, and the volume of DWI cases processed through Bexar County courts is substantial. That volume means prosecutors are often managing heavy caseloads, which creates strategic opportunities for a well-prepared defense attorney to negotiate effectively, raise procedural challenges, or secure dismissals based on evidentiary weaknesses that might otherwise be overlooked. Understanding how Bexar County prosecutors approach plea negotiations, what evidence they rely on most heavily, and how local judges handle suppression motions is not something that can be learned from a casebook. It comes from doing this work regularly in these courts.

DWI Charge Categories and Related Offenses in Texas

• First-Time DWI (Class B Misdemeanor): A standard first offense in Texas carries a minimum of 72 hours in jail, fines up to two thousand dollars, and a license suspension, with additional surcharges under the state’s driver responsibility framework; the actual outcome depends heavily on the strength of the chemical test evidence and whether any procedural errors occurred during the stop or arrest.
• DWI with a Blood Alcohol Concentration of 0.15 or Higher: Texas treats a BAC reading at or above 0.15 as a Class A misdemeanor, which raises the penalty ceiling significantly and makes ignition interlock requirements more likely; blood draw cases in particular invite scrutiny of the chain of custody and laboratory handling procedures.
• Felony DWI (Third Offense or More): A third DWI conviction in Texas is a third-degree felony, carrying a potential prison sentence and the collateral consequences that come with a felony record, including loss of voting rights and firearm ownership restrictions.
• DWI with Child Passenger: Transporting a passenger under fifteen years old while intoxicated is charged as a state jail felony regardless of whether the driver has prior DWI convictions, and Bexar County prosecutors treat these cases with particular seriousness.
• Intoxication Assault: When a driver causes serious bodily injury to another person while intoxicated, the charge elevates to a third-degree felony under the Texas Penal Code, with consequences far beyond what a standard DWI carries.
• Intoxication Manslaughter: If a DWI incident results in a death, the charge is a second-degree felony with a sentencing range that reflects the gravity of the outcome; these cases require immediate and intensive legal work from the first hours after arrest.
• Commercial Driver DWI: CDL holders are held to a lower per se BAC threshold under Texas law, and a conviction can permanently end a commercial driving career even for a first offense, making the licensing consequences just as important as the criminal ones.
• Boating While Intoxicated: Texas treats operating a watercraft while intoxicated as a separate but parallel offense to DWI; cases arising from Lake Medina or Canyon Lake can carry similar penalties and involve different enforcement agencies and evidentiary issues.

What the Evidence Actually Looks Like in a DWI Case

DWI prosecutions are built on a specific set of evidence types, and each of them can be challenged. Understanding where the weak points are, before you accept a plea or walk into a courtroom, is essential to making an informed decision about your case.

Field sobriety tests, including the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand, are standardized procedures developed by the National Highway Traffic Safety Administration. Officers are supposed to administer them exactly as specified and under appropriate conditions. Physical conditions, lighting, road surfaces, footwear, age, weight, and pre-existing medical conditions can all affect performance. If an officer failed to follow proper protocol, or if the test results were recorded inaccurately or interpreted subjectively, those issues can be developed in cross-examination or through a suppression motion.

Breathalyzer evidence carries its own set of vulnerabilities. The machines used in Texas, including the Intoxilyzer series, require regular calibration and maintenance, and the records reflecting that maintenance are discoverable. Operator error, improper observation periods, and medical conditions that affect breath readings are all legitimate defense angles. Blood evidence introduces additional complexity around chain of custody, storage conditions, and laboratory protocols. Retrograde extrapolation, the practice of working backward from a blood draw to estimate BAC at the time of driving, involves assumptions that a qualified expert can challenge effectively.

The stop itself also matters. A Texas officer must have reasonable suspicion to initiate a traffic stop, and if that threshold was not met, a motion to suppress the stop and everything that followed can be the strongest move available. Dash camera footage, body camera recordings, and dispatch logs all become relevant. A San Antonio DWI attorney who reviews that footage carefully, rather than accepting the officer’s report at face value, is doing the work that actually protects clients.

After an Arrest in Bexar County: What You Should Do Right Now

The first thing to understand is that the window for protective action is short. Texas law gives you fifteen days to request an ALR hearing, and that deadline runs from the date of arrest, not the date of your first court appearance. Retaining a DWI defense attorney in San Antonio before that deadline expires means you will not lose your license by default before the criminal case even gets started.

Do not speak with law enforcement or prosecutors about the facts of your case without legal representation present. Statements made after arrest, even ones that seem neutral or explanatory, become part of the record and can be used against you. If you have already made statements, tell your attorney exactly what you said as soon as possible. That information is protected by attorney-client privilege and your attorney needs it to assess the case accurately.

Gather and preserve everything you can from the night of the arrest. If you remember the name of the arresting officer, the patrol unit number, the location of the stop, the time of the breath test, or any details about the field sobriety test conditions, write them down. Dashcam or cell phone footage from the area around the stop may exist and can be requested, but digital footage is often overwritten quickly. Your attorney can issue preservation requests and subpoenas to secure it.

Misdemeanor DWI cases in Bexar County are initially set in the county courts-at-law, and the arraignment typically occurs within a short period after arrest. Felony charges will eventually be transferred to one of the district courts in the Justice Center. Understanding the court calendar and what to expect at each appearance helps you show up prepared rather than reactive. A DWI defense attorney serving San Antonio will know the case flow in these courts and can walk you through what each hearing means for your specific situation.

Questions Worth Asking Before and During Your DWI Case

What happens to my driver’s license after a DWI arrest in Texas?

When you are arrested for DWI in Texas and refuse or fail a breath or blood test, the Texas Department of Public Safety initiates an administrative process to suspend your license. You have fifteen days from the arrest date to request a hearing to contest that suspension. If you request the hearing, the suspension is paused until the hearing is decided. If you do not request it in time, the suspension goes into effect automatically. This is a civil administrative process that runs separately from the criminal case, and the outcomes of each do not automatically control the other.

Can a DWI charge be dismissed in Bexar County?

Yes. DWI charges are dismissed in Texas courts when the evidence does not support the charge, when constitutional violations occurred during the stop or arrest, when breathalyzer or blood test evidence is suppressed, or when the prosecution determines it cannot meet its burden at trial. Dismissal is not guaranteed and depends entirely on the specific facts of the case, but it is a realistic outcome when the defense is thorough and the evidence has genuine weaknesses.

What is deferred adjudication, and is it available for DWI in Texas?

Deferred adjudication is a form of probation that, when completed successfully, allows a defendant to avoid a final conviction on their record. Under Texas law, deferred adjudication is generally not available for standard DWI charges. This makes the defense of a DWI case particularly important, because a conviction, even for a first offense, typically cannot be deferred. There are limited exceptions and related alternatives that an attorney can evaluate based on the specific charge and facts.

Does a DWI conviction affect a professional license in Texas?

It can. Texas licensing boards for attorneys, nurses, physicians, teachers, real estate agents, and other licensed professionals have independent reporting requirements and disciplinary authority. A DWI conviction, particularly one involving aggravating factors, can trigger a board investigation even if the license itself is not automatically revoked. Anyone holding a professional license should discuss the licensing implications of their case with their attorney in addition to the criminal consequences.

How does a DWI arrest affect immigration status?

For non-citizens, a DWI conviction can have serious immigration consequences, including grounds for deportability or inadmissibility depending on the specific charge, the sentence imposed, and the individual’s visa or status category. A felony DWI conviction or one that qualifies as a crime of moral turpitude under federal immigration law carries heightened risk. Anyone who is not a U.S. citizen facing a DWI charge should ensure their defense attorney understands the immigration dimensions of the case and, if necessary, consult with an immigration attorney in parallel.

What happens if the blood test results come back weeks after my arrest?

In Texas, blood samples collected at DWI arrests are often sent to the DPS crime laboratory, and the results may not come back for several weeks or longer. It is not uncommon to be charged with a DWI initially based on the officer’s observations and then have the charge amended or enhanced once the blood results return. This delay is actually one reason early attorney involvement matters: preserving evidence, documenting the conditions of the stop, and preparing for the possibility of an enhanced charge before those results arrive puts you in a stronger position.

Can dashcam or bodycam footage help my DWI case?

Frequently, yes. Video footage is among the most valuable evidence in a DWI case because it shows what actually happened during the stop and field sobriety tests rather than relying solely on an officer’s written account. Footage that contradicts the police report, shows improper test administration, or raises questions about the basis for the stop can support a suppression motion or undermine the prosecution’s case at trial. Your attorney can request this footage through the discovery process, and it should be one of the first things evaluated in any DWI defense.

Is it worth contesting a first-time DWI charge, or should I just take a plea?

That depends entirely on the evidence. A plea to a DWI conviction in Texas results in a permanent criminal record, likely driver’s license consequences, mandatory programs, and potential surcharges. There is no deferred adjudication available for standard DWI charges, so what you plead to is what stays on your record. Before agreeing to anything, it is worth having the evidence reviewed carefully. If there are weaknesses in the stop, the field sobriety testing, or the chemical evidence, contesting the charge may produce a significantly better outcome than the initial plea offer.

What is the typical timeline for a DWI case in Bexar County?

DWI cases in Bexar County vary considerably in how long they take to resolve. A straightforward first-offense misdemeanor case might move toward resolution within a few months, while cases that involve suppression hearings, contested evidence, or jury trials can extend a year or more. Blood test cases often take longer because of the time required to obtain laboratory results and any subsequent expert consultation. The complexity of the case, the court’s docket, and the defense strategy all factor into the timeline.

How does a prior DWI conviction affect my current case?

Prior DWI convictions in Texas, and in some cases prior DWI convictions from other states, can elevate the current charge from a misdemeanor to a felony. The look-back period under Texas law means prior convictions remain relevant regardless of how long ago they occurred. If you have any prior DWI history, it should be disclosed to your attorney immediately so the defense strategy accounts for the enhancement risk and, if applicable, challenges whether the prior conviction was validly obtained and properly used.

Defending DWI Clients Across San Antonio and Surrounding Bexar County Communities

The Law Offices of David C. Hardaway represents clients facing DWI charges throughout the San Antonio metro area and the surrounding region. In San Antonio itself, we defend clients from the medical center and South Side through the downtown corridor, the Pearl District, Alamo Heights, Olmos Park, Terrell Hills, and out into the north San Antonio communities of Stone Oak, Shavano Park, Leon Valley, and Castle Hills. We also represent clients in Helotes, Grey Forest, and along U.S. 281 into the suburban communities north of Loop 1604.

Beyond the city limits, our DWI defense work covers communities throughout Bexar County, including Converse, Schertz, Cibolo, Universal City, Live Oak, and Windcrest to the northeast. We handle cases from Elmendorf and Von Ormy to the south, and we regularly represent clients in Balcones Heights, Kirby, and China Grove. Because our firm’s geographic reach extends from San Antonio north through New Braunfels and Seguin to San Marcos and the rest of Hays County, we are well positioned to handle cases that arise anywhere along the I-35 corridor or on U.S. 90 and I-10 east and west of the city.

Talk to a San Antonio DWI Attorney About Your Case

A DWI charge in Bexar County is not a situation where waiting to see how things develop works in your favor. The administrative deadlines arrive first, the evidence gets reviewed by prosecutors early, and plea negotiations often begin before defendants fully understand what they are giving up. A San Antonio DWI attorney from The Law Offices of David C. Hardaway can review the facts of your arrest, identify the strongest defense angles, request the ALR hearing before your license is automatically suspended, and give you a direct, honest assessment of what your options actually look like. Our clients consistently note that we communicate clearly, move quickly, and treat their cases as the serious matters they are. Contact our office to schedule a confidential consultation and get a straight answer about where your case stands.