San Marcos DWI Lawyer
Aggressive and Experienced DWI Lawyers Serving Hays County, TX
In Texas, a conviction for driving while intoxicated (DWI) can have serious and long-term consequences. A DWI conviction in Texas carries severe penalties, including fines, jail time, the suspension of your driver’s license, and even the loss of certain rights. In many criminal cases, a DWI conviction will also remain on your criminal record for life and could negatively affect future job prospects and other opportunities.
Our San Marcos DWI lawyers will carefully review your circumstances and walk you through your legal options, including what we can do to protect your rights and freedom. We are always honest and direct when discussing what our representation can do for you. That includes transparency about what we perceive to be the odds of a favorable outcome. Should you place your trust in our law firm, you can count on aggressive, tenacious advocacy in and out of the courtroom. We understand what is at stake in DWI cases and will go the extra mile from start to finish. Our experienced San Marcos DWI attorneys fight hard for our clients, and our case results reflect that.
When Can Someone Be Charged with DWI in Texas?
Under Texas law, a person is considered intoxicated when operating a motor vehicle or watercraft if they have lost the use of their mental or physical faculties or if they have a blood alcohol concentration (BAC) of .08 or greater at the time they are driving or operating the vehicle. “Intoxication” does not refer exclusively to the effects of consuming alcohol, and, increasingly, individuals are being accused of impaired driving under the influence of a variety of potentially mind-altering drugs, both illegal and illegal. This even includes drugs prescribed by a physician.
Alone, or in combination with alcohol, a wide range of substances are capable of causing a driver to be intoxicated, and the state of Texas continues to aggressively crack down on this dangerous driving. Unfortunately, based on these well-meaning efforts to save lives, many drivers who are not actually intoxicated can be wrongfully accused in the name of public safety. Our San Marcos DWI defense attorneys are committed to providing zealous representation to people facing these charges, no matter the circumstances.
A police officer can pull you over if they have a reasonable justification to believe you may be driving while intoxicated. This could include drifting, swerving, reckless driving, or a failure to follow basic traffic rules. They can then arrest you if they have a reasonable suspicion that you are intoxicated.
What to do When Pulled Over by San Marcos Police
If you are pulled over – or you are asked to step out of your vehicle at a DWI checkpoint – calmly comply with the police officer’s instructions at all times, even if you know you have been drinking. Arguing with the San Marcos police, attempting to flee the scene, or doing anything else that could escalate the situation will not help you in the long run. Instead, exercise your right to remain silent whenever possible, including if (and especially if) you are arrested.
If the San Marcos police officer that pulled you over smells drugs or alcohol on your breath or notices signs of intoxication like slurred speech, they may ask you to complete one or more field sobriety tests. These field sobriety tests are in theory meant to test things like balance, coordination, and your ability to follow directions, but in practice, they are meant to give the officer evidence to arrest you. The reality is that even perfectly sober individuals can and do fail these tests, so there is very little upside to attempting to “pass” them. No matter what you may have heard, you are never under any legal obligation to take a field sobriety test, and you can refuse them. This is true even of so-called “no refusal” weekends that are often scheduled in conjunction with major holidays.
Keep in mind that an officer who is trying to convince you to take a field sobriety test is likely already convinced you are intoxicated and will probably look for other reasons to arrest you. Refusing to take a field sobriety test only denies the San Marcos officer additional evidence that could be used against you.
Intoxication Assault and Intoxication Manslaughter
“Intoxication assault” is a criminal charge distinct from DWI. Someone can face this charge in addition to DWI if their impaired driving leads to an accident that causes serious bodily injury, which is any injury that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” It does not matter if the intoxicated driver intended to cause injury. They can still face third-degree felony charges (or even second-degree felony charges in certain scenarios).
“Intoxicated manslaughter” may be charged when someone’s impaired driving results in the death of another person. Note that manslaughter is not the same thing as murder or homicide, but it is still an extremely serious charge that carries severe penalties. Someone can be charged with intoxicated vehicular manslaughter even if they were not primarily responsible for causing the accident.
Understanding the Role of Blood Alcohol Levels in DWI Arrests
In Texas, any driver who is at least 21 years old who operates their vehicle in a public place with a BAC of 0.08% or higher is considered unlawfully impaired and can be arrested for DWI. When a driver’s BAC meets or exceeds 0.15%, they may face enhanced penalties if convicted. Drivers younger than 21 can be arrested for DWI if they have any level of detectable alcohol in their system. Commercial drivers are subject to even stricter requirements and are considered unlawfully impaired if their BAC meets or exceeds 0.04%.
Law enforcement can still choose to arrest you for DWI even if you are under the applicable legal limit. When someone is showing other signs of impairment, such as slurred speech, delayed response times, or difficulty moving, an officer may decide the driver is too impaired to safely operate their vehicle and make an arrest.
San Marcos DWI FAQs
Answers to Common Questions People Ask After a Drunk Driving Arrest in Hays County
Being arrested for DWI in Texas can feel like hitting a wall — fast. From license suspensions to court appearances to potential jail time, it’s a situation that demands swift action and smart legal strategy. At The Law Offices of David C. Hardaway, our San Maros DWI defense attorneys have helped countless clients in Hays County deal with DWI charges the right way. Here’s what you need to know right now.
What happens immediately after a DWI arrest in Texas?
You’ll be taken to jail, booked, and either released on a personal bond or given the opportunity to post bond. Your driver’s license may be confiscated, and you’ll be issued a temporary driving permit. You have just 15 days to request an ALR (Administrative License Revocation) hearing to fight your license suspension — so don’t wait.
Can a DWI Be Dismissed in Texas?
Yes, a DWI can be dismissed in Texas. There are a few key things to keep in mind. First, it’s important to remember that police officers make mistakes. If they violated your constitutional rights during your stop or arrest, any evidence they obtained could be suppressed, which means the prosecution won’t be able to use it against you.
Even if there weren’t any constitutional violations, there may still be other reasons why your DWI case could be dismissed. For example, if the officer didn’t correctly calibrate the breathalyzer machine or if the blood sample was mishandled, the results of those tests could be unreliable and, therefore, inadmissible in court.
Ask to speak to a DWI attorney in San Marcos as soon as you are detained and try to get in touch with a legal professional as soon as possible to help protect your interests and ensure your rights are not violated.
Do I Have to Consent to a Breathalyzer Test in Texas?
You are obligated to submit to chemical testing, which includes breathalyzer tests, under Texas’s implied consent laws. While you can technically refuse breathalyzer testing, doing so is likely to result in substantial consequences, including a driver’s license suspension of up to 180 days for a first offense. The good news is that breathalyzer tests are notoriously unreliable, as they must be carefully administered using perfectly calibrated equipment. Even if the results of a breathalyzer test work against you, we can potentially leverage several defense strategies to call into question the test’s accuracy.
What Is a “DWI Blood Search Warrant?”
If you refuse a breathalyzer test after a traffic accident or after being pulled over for suspected DWI, law enforcement may take you to a police station or another location for blood testing. The police cannot forcibly take your blood initially, but under Texas law, they can request a warrant to take your blood from a judge. If the judge agrees there is probable cause that you were driving while impaired, they may grant the warrant, giving the police the ability to draw and analyze your blood even if you decline.
Is DWI a felony or a misdemeanor?
For most first and second offenses, DWI is charged as a misdemeanor. However, it becomes a felony if it’s your third offense, if there was a child passenger in the vehicle, or if someone was seriously injured or killed as a result of your alleged intoxication.
What’s the difference between a DWI and a DUI in Texas?
In Texas, DWI (Driving While Intoxicated) applies to adults operating a vehicle while impaired by alcohol or drugs. DUI (Driving Under the Influence) refers to minors under 21 caught with any detectable amount of alcohol. DWI carries heavier penalties and is more common, whereas DUI is a Class C fine only offense.
Can I refuse a breath or blood test?
You can refuse, but there are consequences. Refusal can lead to a longer license suspension and may be used as evidence against you in court. That said, police may (and probably will) still obtain a warrant for a blood draw. If your rights were violated during this process, we may be able to challenge the results.
Do I have to submit to field sobriety tests?
No. Field sobriety tests are voluntary in Texas, and you are not legally required to perform them if asked by law enforcement. In fact, politely declining may be in your best interest.
Field sobriety tests like the walk-and-turn, one-leg stand, or Horizontal Gaze Nystagmus (HGN) are often unreliable and/or not administered correctly by the arresting officer. Officers may already suspect you of DWI before you step out of the vehicle, and they may interpret your performance in a way that supports their suspicion, not your actual level of impairment.
These tests are also difficult for many people to perform under normal conditions, even without alcohol or drugs in their system. Poor lighting, uneven pavement, nerves, fatigue, medical conditions, or balance issues can all cause someone to “fail” and give the officer a reason to make an arrest.
Refusing field sobriety tests is not the same as refusing a chemical test (like a breath or blood test), which carries different legal consequences under Texas’s implied consent laws. While refusing a chemical test can lead to a longer potential license suspension, refusing field sobriety tests does not carry any penalties, although evidence of your refusal can be used against you by prosecutors in court.
If you’re pulled over in San Marcos or Hays County and asked to perform these tests, you can respectfully decline. If you are then arrested, call us. At The Law Offices of David C. Hardaway, we’ll step in quickly to protect your rights, challenge weak evidence, and fight aggressively for your defense.
What are the penalties for a first-time DWI?
Penalties vary but typically include:
- Up to 180 days in jail (with a minimum of 3 days)
- Fines up to $2,000
- License suspension for up to 1 year
- Possible ignition interlock device
- Mandatory DWI education courses and possible community service
What if I failed the breathalyzer or blood test?
A failed test doesn’t mean an automatic conviction. Machines malfunction. Protocols are often not followed correctly. We challenge everything — from the traffic stop to the testing procedure to the lab analysis. Many DWI cases are won on the details.
Will I lose my driver’s license?
You could — but you may be eligible for an occupational license that allows you to drive to work, school, and to complete essential tasks. We’ll handle the ALR hearing and fight to preserve your driving privileges.
How long does a DWI stay on my record?
Unless your case is dismissed, declined, or you are found Not Guilty, a DWI will always be seen by government entities and licensing boards and can impact future employment, housing, and insurance. We work aggressively to avoid these consequences and explore options for expunction (or at least record sealing) whenever possible.
Do I have to go to court?
Yes, you’ll be required to appear in court unless your lawyer appears on your behalf for certain procedural hearings. We’ll walk you through what to expect, prepare you for each step, and stand by your side the entire way.
How much does a DWI attorney cost?
Costs vary depending on the complexity of the case, but you should view a DWI defense as an investment in your freedom, your record, and your future. We offer honest, upfront pricing and make sure you understand what you’re paying for.
Get Answers. Get Help. Get Back in Control.
If you’ve been arrested for DWI in San Marcos or Hays County, time is not on your side. Call The Law Offices of David C. Hardaway today to schedule your confidential consultation. We’ll help you understand what’s next — and how to fight back.
Our San Marcos DWI Attorneys Can Help
If you have been charged with DWI in any of the following areas, including but not limited to San Antonio, Bastrop, Bexar, Blanco, Caldwell, Comal, Gonzales, Guadalupe, Wilson, or Medina County, Texas, call (512) 805-6613 or contact us online to schedule a free initial consultation with our DWI lawyer in San Marcos. When you are arrested for and charged with DWI, reach out to The Law Offices of David C. Hardaway for tailored, empathetic legal advice.
If you do not request an ALR hearing within 15 days of your arrest, your driver’s license will automatically be suspended. Consequently, you should get in touch with our law firm right away so that we can promptly request a hearing on your behalf. We will answer all of your questions and offer honest feedback on your case. Once you retain our law firm’s services, you will receive your lawyer’s personal cell phone number, and we will be reachable at any time, day or night.
Contact us online or call (512) 805-6613 to get started with our experienced San Marcos DWI lawyer. Flexible payment plans are available. Se habla español.
