Schertz DWI Defense Lawyer
If you have been arrested for Driving While Intoxicated (DWI) in Schertz, you are likely feeling overwhelmed and anxious about what happens next. A DWI conviction can affect your driver’s license, your finances, your job, and even your freedom. The penalties are costly and can escalate quickly if you have prior offenses or if there are aggravating factors like a high blood alcohol concentration (BAC), an accident, or a minor in the vehicle.
At The Law Offices of David C. Hardaway, we know how serious these charges are, and we understand how to fight them. Our Schertz DWI defense lawyers provide straightforward, honest guidance from day one, helping you understand your options and building a tailored defense strategy to challenge the evidence against you.
DWI Charges in Schertz: What You Need to Know
In Texas, it is illegal to operate a motor vehicle in a public place while intoxicated. Intoxication can be proven by showing that you either lost the normal use of your mental or physical faculties due to alcohol or drugs or that your Blood Alcohol Content (BAC) was 0.08% or higher.
First-Time DWI
A first DWI offense in Schertz is typically a Class B misdemeanor, but it can quickly escalate if there are aggravating factors. Possible penalties at a minimum include:
- Up to 180 days in jail
- A fine of up to $2,000
- License suspension of up to one year
- Mandatory DWI education programs
Repeat DWI Offenses
Second and subsequent DWIs come with enhanced penalties. A second DWI can result in up to one year in jail, while a third DWI is a felony with the possibility of years in prison, heavy fines, and long-term license suspension.
DWI With Aggravating Factors
You can face additional penalties if your case involves any of the following:
- A BAC of 0.15% or higher
- An accident causing injury or death
- Having a child passenger under 15 years old
Building Your DWI Defense in Schertz
The prosecution must prove beyond a reasonable doubt that you were intoxicated while operating a vehicle. There are many ways to challenge a DWI charge, including:
Challenging the Traffic Stop
Police must have reasonable suspicion to pull you over. If the initial stop was unlawful, the entire case could be dismissed.
Questioning Field Sobriety Tests
Field sobriety tests are often unreliable and can be affected by medical conditions, fatigue, or improper administration by law enforcement.
Disputing BAC Results
Breathalyzer machines require proper calibration and maintenance. Blood tests can be contaminated or mishandled. We thoroughly investigate how these tests were conducted and whether the results are valid.
Negotiating for Reduced Charges
Even when the evidence is strong, we work to negotiate favorable outcomes, such as reduced charges, probation, or enrollment in diversion programs to help you avoid jail time and license suspension.
Administrative License Revocation (ALR) in Schertz
If you are arrested for DWI in Texas, your driver’s license can be automatically suspended through the Administrative License Revocation (ALR) process, which is separate from your criminal case. You have just 15 days from the date of your arrest to request an ALR hearing to challenge the suspension. If you miss this deadline, your license may be suspended automatically. At The Law Offices of David C. Hardaway, we can help you request your ALR hearing on time, prepare you for what to expect, and represent you in the hearing to fight for your driving privileges, including retention of your full license or a restricted occupational license so you can drive to work or school.
Special Considerations: Commercial Drivers and Underage Drivers
Commercial Drivers
If you hold a commercial driver’s license (CDL), a DWI conviction can be career-ending. Even a first-time DWI can result in the disqualification of your commercial driving privileges. We understand the high stakes and fight aggressively to protect your livelihood.
Underage Drivers
Texas has a zero-tolerance policy for drivers under the age of 21. Any detectable amount of alcohol can lead to charges. Penalties can include license suspension, fines, community service, and mandatory alcohol education classes. We take a proactive approach to protect young drivers’ records and futures.
What to Do After a DWI Arrest in Schertz
If you are arrested for DWI in Schertz, it’s critical to remember that you still have rights and options. Cooperate respectfully with law enforcement, but do not volunteer information or admit guilt. Politely decline field sobriety tests, which you are not required by law to take. If you decide to refuse chemical tests (blood or breath/breathalyzer) when required, that refusal will trigger the ALR process and a lengthier suspension of your driver’s license.
Contact a DWI defense attorney immediately. The sooner we can begin working on your case, the more opportunities we have to uncover mistakes, challenge evidence, and guide you through both criminal and administrative proceedings. Early intervention can make a significant difference in the outcome of your case.
Why You Need a Schertz DWI Defense Lawyer
Guadalupe County police and prosecutors take DWI charges seriously, and the penalties can change the course of your life. An experienced local DWI defense lawyer knows how to:
- Identify procedural errors and constitutional violations
- Challenge chemical test accuracy
- Cross-examine arresting officers effectively
- Negotiate with prosecutors for reduced charges or alternative sentencing
- Represent you confidently at trial, if necessary
At The Law Offices of David C. Hardaway, we prioritize personalized defense strategies. Every case is different, and we take the time to understand the details of your situation to build the strongest possible defense.
Contact The Law Offices of David C. Hardaway Today
If you are facing DWI charges in Schertz, don’t wait to seek experienced legal help. A DWI arrest does not have to define your future. We are here to help you protect your rights, preserve your freedom, and fight for the best possible result. Contact The Law Offices of David C. Hardaway today. Our Schertz DWI defense lawyer will stand by your side and fight for you every step of the way.