In Texas, a DWI charge can seriously disrupt your life, starting with the risk of losing your driver’s license. At True Law Firm, we understand how high the stakes are. Our San Antonio DWI defense attorneys fight to protect your rights, challenge the evidence, and work toward the best possible outcome. Get the support you need to maintain your rights.
What Does Texas Law Say About a DWI?
In Texas, a DWI (Driving While Intoxicated) occurs when a person operates a motor vehicle in a public place while impaired by alcohol or drugs. Under Texas Penal Code §49.04, a person is legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. However, even with a lower BAC, individuals may be charged if they show signs of impaired physical or mental faculties. DWI charges can result from alcohol, prescription medications, illegal drugs, or any substance that hinders a driver’s ability to operate a vehicle safely.
How Can You Lose Your Driver’s License After A DWI?
- You refuse to take a breathalyzer or blood test after being arrested for DWI
- You fail a chemical test with a BAC of 0.08% or higher
- You are convicted of a first-time DWI offense
- You are arrested for a second or third DWI offense
- You drive with a suspended or revoked license after a prior DWI
- You are under 21 and caught driving with any detectable alcohol
- You are convicted of DWI involving a serious crash or injury
DWI FAQs
What happens to my driver’s license after a DWI arrest in Texas?
After a DWI arrest, your driver’s license may be subject to an Administrative License Revocation (ALR) process. This is separate from any criminal proceedings and can result in a license suspension even if you are not convicted. You have 15 days from the date of your arrest to request an ALR hearing to contest the suspension. If you fail to request the hearing, your license will be automatically suspended.
Can I still drive after my license is suspended?
In many cases, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive to work, school, and essential activities. This requires court approval and may involve installing an ignition interlock device on your vehicle, especially for repeat offenders. True Law Firm can help you file the necessary paperwork and advocate for your ability to stay on the road legally.
Can I fight a DWI charge if I failed a breath or blood test?
Absolutely. While chemical test results are strong evidence, they are not always accurate or reliable. Machines can be improperly calibrated, tests can be administered incorrectly, or samples can be contaminated. An experienced DWI defense attorney can challenge the validity of the test results and potentially have the evidence excluded or discredited in court.
What are some common defenses against DWI charges?
Common defenses include a lack of probable cause for the traffic stop, improper administration of field sobriety tests, faulty breathalyzer or blood test equipment, medical conditions that mimic intoxication, or violations of your constitutional rights during arrest or questioning. Each case is unique, and True Law Firm will explore every angle to build a strong defense.
What should I do immediately after a DWI arrest?
Stay calm, exercise your right to remain silent, and avoid making any statements that could be used against you. Request to speak with an attorney as soon as possible. You’ll need to act quickly to protect your license and begin preparing your defense. Contact True Law Firm immediately to begin the process.
Contact True Law Firm
True Law Firm is a dedicated criminal defense practice serving San Antonio and surrounding areas with trusted representation in DWI cases. We understand how devastating it can be to face the loss of your driver’s license, steep fines, or jail time. Our attorneys work directly with you to challenge evidence and fight to protect your rights. Whether it’s your first offense or a repeat charge, schedule a consultation promptly to build your DWI defense.
