We Don’t Back Down

San Antonio DWI Attorneys You Can Trust

If you have been charged with driving while intoxicated (DWI) or any other impaired driving offense, you need experienced San Antonio DWI attorneys who will fight for you. San Antonio law enforcement and criminal prosecution attorneys will do anything to ensure that you face criminal charges, lose your license and pay steep fines for driving while intoxicated.

How Will We Defend You?

The truth is that the state has to prove beyond a reasonable doubt that you were too drunk to drive safely. A field sobriety test and a breath test or blood test are made to prove these facts, but police officers don’t always have the training to properly administer and interpret a standard field sobriety test. Breath test equipment for accurately measuring blood alcohol concentration is also notoriously unreliable and can often be challenged successfully in court. Our San Antonio DWI defense attorneys at Ramos & Del Cueto are bodyguards for your rights. They know that, in defending you against serious drunk driving charges, the only opinion that matters is that of the jury.

At Ramos & Del Cueto, PLLC, we have built a solid reputation for being able to present a persuasive argument to jurors in DWI trials. Our attorneys have extensive legal experience, both as former prosecutors and criminal defense attorneys, and can provide you with the representation you need for your case. At Ramos & Del Cueto, you will find experienced DWI defense lawyers who can walk you through the process, tell you exactly what to expect, examine the police report for potential issues, explore potential defenses and fight to protect your constitutional rights. We can help you with a first-time drunk driving charge, a third or fourth DWI offense and even DUI charges against a minor who is accused of driving after consuming alcohol.

If you or your loved one has been charged with a DWI, you only have 15 days from the day of your arrest to seek out legal services and legal representation before your license is suspended.

DWI In San Antonio

DWI in San Antonio applies to any person over the age of 21 who operates a motor vehicle with a blood alcohol concentration of or above .08%. There are additional laws that apply to commercial drivers, those driving while intoxicated with a passenger under the age of 15 and those driving with an open container. Additional charges like intoxication assault or intoxication manslaughter can result too if there is harm caused to another individual as a result of being under the influence of alcohol.

The penalty for DWI is steep and can be a harsh punishment and create a criminal record for those who have no prior offenses in the legal system.

DWI Penalties

DWI is taken seriously in the Texas court of law, and the penalties carry strict punishments. DWI offenses are weighed by the number of previous convictions. Additional penalties are attached for offenses that involve driving under the influence with a minor in the vehicle and driving under the influence with an open container. The penalties that have been set up in San Antonio and Bexar County are strict. That’s why you need a San Antonio DWI attorney team that will fight for you.

First DWI Offense

The penalty for a first DWI offense is a fine that can be up to $2,000, three to 180 days in jail, the suspension of a license for up to a year and a fine to keep a license that is from $1,000 to $2,000 per year for up to three years.

Second DWI Offense

The penalty for a second DWI offense is a fine up to $4,000, a minimum jail sanction of three days, up to one year in the county jail, up to a two-year driver’s license suspension and a $4,500 fee over three years to have a driver’s license.

Third DWI Offense

The penalty for a third DWI offense is a fine of up to $10,000, two to 10 years in prison and an annual fee of up to $2,000 for three years to have a driver’s license.

DWI With A Child Passenger

The penalty for driving while intoxicated with a child under the age of 15 in your vehicle is a fine up to $10,000, up to two years of jail time and up to 180 days of suspension of your driver’s license. This is a state jail felony charge.

The Impact Of A DWI

A DWI conviction is not merely a legal matter – it’s a personal matter, too. Your conviction could follow you for the rest of your life, impacting your relationships, professional opportunities and finances. Some ways a DWI conviction could harm you include:

  • Difficulty passing background checks, whether for employment, housing or student aid
  • Increased auto insurance rates
  • Job loss or professional damage
  • Scholarship loss
  • Strained relationships with family and friends
  • Suspension or expulsion from college

You may fear that you can’t avoid these hardships after a DWI arrest, but you can. Remember that a conviction is not a certainty, especially if you have a San Antonio DWI lawyer with a strong track record by your side.

Driving Under The Influence (DUI)

Driving under the influence (DUI) is an impaired driving offense for persons under the age of 21 who are operating a motorized vehicle with any amount of alcohol in their system. A DUI still carries a serious legal penalty in San Antonio, and it is important to get proper legal representation from an attorney to protect your rights. DUIs are a Class C misdemeanor in Texas, and, although they do not carry jail time, there are fines of up to $500, the possibility of suspension of a driver’s license, and community service or alcohol awareness classes.

DWI Statistics In San Antonio, Texas

Drunk driving is a commonly charged crime throughout Bexar County. According to data from the Texas Department of Public Safety, there were a total of 5,091 DWI arrests in Bexar County in 2022, up from 5,037 the previous year.

It’s important to keep in mind that a drunk driving arrest is not the same as a drunk driving conviction. Much can happen between arrest and the day your charges are resolved. Working with an experienced criminal defense attorney can often improve your chances of a more favorable outcome, whether that’s dismissed charges, reduced charges, acquittal or a lighter sentence.

What Is The Difference Between A DWI And A DUI?

A person will get a DWI if they are caught driving a vehicle while in a “state of intoxication” due to drugs or alcohol. Driving “under the influence” is when a minor, anyone 17 years of age or younger, is caught driving a vehicle with any detectable amount of alcohol in their system.

Am I Required By Law To Take A Breath Test?

It is not illegal to refuse to take a breath test when pulled over on suspicion of a DWI. However, refusing to take the test can result in a license suspension up to 180 days.

What Should I Do If I Am Pulled Over On Suspicion Of A DWI?

If you are pulled over on suspicion of a DWI, here are a few things to keep in mind:

  • Pull over as soon as you safely can.
  • Be respectful when interacting with the police officers.
  • Do not reveal any incriminating information – if the officer asks you “do you know why I pulled you over?” do not answer “yes” even if you do suspect the reason why.
  • You may invoke your right to remain silent at any time.
  • Contact an attorney as soon as possible.

It’s most important to remain calm and remember your rights when interacting with the police.

Will I Lose My Driver’s License If I Am Found Guilty Of A DWI?

Yes. In all instances, you will lose your driver’s license for a period of time if you are found guilty of a DWI. A first offense can result in up to one year without your license.

How Long Does A DWI Stay On Your Record In San Antonio?

Once you are convicted of a DWI, it remains on your criminal record permanently. This can affect numerous aspects of your life, including employment opportunities and personal relationships. Texas law does allow for certain legal options that might help mitigate the impact of a DWI on your record, but these options typically must be exercised prior to trial or a negotiated guilty plea. This is one of many reasons to consult with an experienced criminal defense attorney.

Can I Lose My Professional License Due To A DWI Conviction?

Yes, a DWI conviction can jeopardize your professional license in Texas. Many licensing boards, including those for health care professionals, teachers and lawyers, have strict regulations regarding criminal convictions. A DWI may trigger an investigation and could lead to disciplinary action, including suspension or revocation of your professional license. It’s crucial to address these issues proactively by seeking legal counsel who can help you navigate the complexities of your case and advocate on your behalf to protect your professional standing.

Is It Possible To Have A DWI Charge Dismissed Or Removed From My Permanent Record?

It depends on how the charges were resolved. If you were convicted or pleaded guilty, a DWI remains on your record permanently. If your case was dismissed, you were acquitted or was otherwise resolved in a manner other than conviction, it may be possible to have the records of your DWI arrest and charges expunged or sealed.

Our attorneys have an in-depth knowledge of Texas criminal law. They will be able to give you case-specific advice and guidance on these and other questions during your free initial consultation.

Does An Officer Need To Have Probable Cause To Pull Me Over?

Police do not need probable cause to pull you over, but they cannot stop you for no reason or simply based on a hunch. Instead, they need to establish “reasonable suspicion,” which is a lower standard to meet than probable cause. It means that the officer must have a specific and articulable reason to believe that you are violating traffic laws or that a crime is taking place or is about to take place.

One important thing to note is that the officer doesn’t initially need to suspect drunk driving. They are allowed to make what’s known as a “pretextual stop.” They can pull you over for a valid but minor infraction (like changing lanes without signaling), then use the stop to look for evidence of a larger crime like drunk driving. This is a common practice in Texas and nationally.

While the stop can be initiated by reasonable suspicion, an officer must establish probable cause before making a DWI arrest. Usually, this is established through things like field sobriety tests and a breathalyzer test.

Am I Allowed To Decline A Blood Test?

You have the right to refuse any tests (field sobriety or blood alcohol tests) during the stop itself without fear of penalty. This is because you have not yet been arrested. After being arrested, however, you are bound by Texas’ “implied consent” law.

Post-arrest refusal of a blood test can lead to an automatic suspension of your driver’s license for up to 180 days for a first offense. Additionally, prosecutors will likely argue in court that your refusal is evidence that you knew you were over the limit.

What Should You Look For In A San Antonio DWI Lawyer?

Choosing the right San Antonio DWI lawyer is a critical step in defending yourself against charges. A skilled lawyer should have a thorough understanding of Texas DWI laws, extensive trial experience and a proven record of successful case outcomes. They should be able to explain legal processes in clear terms and provide a strategic defense tailored to your situation. Look for an attorney who is attentive, accessible and committed to safeguarding your rights.

Additionally, they evaluate their reputation by checking client reviews, peer ratings or professional accolades. A good DWI attorney will also discuss potential strategies during an initial consultation, giving you a sense of how they plan to approach your case. Their confidence, professionalism and depth of knowledge should leave you feeling supported and prepared for what lies ahead.

What Information Will A Texas DWI Lawyer Need To Defend You?

To build a strong defense, your attorney will need as much relevant information as possible. This includes:

  • Details of the stop and arrest: What led to the traffic stop? Did the officer explain their reasons clearly?
  • Field sobriety or breath test results: Share any test results and your recollection of how these were administered.
  • Witness information: If someone was present during the stop, their perspective can be helpful.
  • Medical conditions or medications: These could impact field sobriety test performance or blood alcohol readings.
  • Police reports or dashcam footage: These may reveal procedural errors or missteps in the arrest process.

Open communication with your attorney is crucial. Share any documents or correspondence related to your case, and be honest about your experience. The more your lawyer knows, the better equipped they’ll be to identify weaknesses in the prosecution’s case and craft a robust defense.

Why Should You Hire Ramos & Del Cueto To Defend You Against DWI Charges?

At Ramos & Del Cueto, we bring decades of combined experience as former prosecutors and defense attorneys, offering a unique insight into how the prosecution builds its case.

Our reputation for aggressive trial advocacy and persuasive communication with jurors sets us apart. We thoroughly examine every aspect of your case, from challenging unreliable breathalyzer results to uncovering procedural errors to build a strong defense. With extensive knowledge of the San Antonio court system, we have successfully defended clients against first-time DWI charges, repeat offenses and serious felony cases like intoxication manslaughter.

Your Rights Matter To Us. We’ll Protect Them.

An alcohol offense can put your driving privileges at risk, but it doesn’t have to. At Ramos & Del Cueto, we will vigorously protect your rights and defend you with all our might. For a free initial consultation with one of our experienced DWI lawyers, call our law firm at 210-761-6004 or fill out our contact form. Se habla español.