Experienced DWI Attorneys in San Antonio, Texas
A driving while intoxicated (DWI) charge in Texas is more than just a traffic offense—it can impact your freedom, finances, and future. Texas law imposes harsh penalties on individuals convicted of driving while intoxicated, even for a first-time offense. If convicted, you could face jail time, license suspension, hefty fines, increased insurance rates, and a permanent criminal record that can follow you for life.
At Peek Law Group, our Board Certified criminal defense lawyers in San Antonio have successfully defended clients against DWI charges throughout Texas since 1996. We know that not every DWI arrest is justified, and we aggressively challenge police procedures, breathalyzer accuracy, and field sobriety tests to fight the charges against you.
Whether you are facing a misdemeanor, felony, or multiple DWI offenses, our attorneys will build a strategic defense tailored to your unique situation. If you or a loved one has been arrested for DWI in Bexar County, it is critical to take action immediately. Call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation.
What is a DWI in Texas?
Texas Law states a person can be charged with driving while intoxicated (DWI) if they operate a motor vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher (for drivers 21 and older).
- Having any detectable alcohol in their system if they are under 21 (Zero Tolerance Law).
- Being impaired by alcohol or drugs to the point that they cannot safely operate a vehicle, even if their BAC is below 0.08%.
Law enforcement officers typically determine intoxication through field sobriety tests, breathalyzer tests, or blood tests. However, these methods are not always reliable. Faulty testing equipment, improper police procedures, or medical conditions can lead to false DWI charges.
A DWI conviction can impact your driver’s license, employment, and reputation. The sooner you take action, the better your defense. Call Peek Law Group at (512) 399-2311 to discuss your case today.
What are the Most Common Types of DWI Charges in Texas?
At Peek Law Group, we understand that no two DWI cases are identical, as they are based on the arrest circumstances, prior offenses, and aggravating factors, so we take a personalized approach to defending our clients. We will carefully analyze the facts of your case and build a strategic defense to minimize the impact on your life.
The most common Texas DWI charges our firm defends against include, but are not limited to:
A first-time DWI offense is a Class B misdemeanor in Texas. While this may seem minor, it has serious legal consequences, including jail time, fines, and a suspension of a driver’s license. If your BAC is 0.15% or higher, the charge may be elevated to a Class A misdemeanor, increasing penalties. Even a first-time conviction can have long-term effects on your employment, finances, and personal life, making it critical to have a strong legal defense.
A second DWI offense is a Class A misdemeanor with harsher penalties, including mandatory jail time, longer license suspension, and increased fines.
A third DWI is classified as a felony and can lead to:
- Up to 10 years in prison.
- Permanent loss of driving privileges.
- Significant fines and legal fees.
- A lifelong felony record.
A prior conviction makes it more challenging to negotiate plea deals or receive leniency in court, making it essential to have an experienced DWI defense attorney.
- DWI with a Child Passenger
Being arrested for DWI with a child passenger under 15 years old is an automatic felony in Texas, regardless of whether it is your first offense.
A conviction can lead to:
- Up to 2 years in state jail.
- Up to $10,000 in fines.
- Driver’s license suspension for 180 days.
- Child endangerment charges.
These cases are highly scrutinized by prosecutors, making a strong defense critical.
- DWI Involving an Accident or Injury
If a DWI results in an accident, injury, or fatality, the charges can escalate to intoxication assault or intoxication manslaughter, both of which are felonies. Convictions for these offenses carry years of prison and can permanently impact your life.
DWI charges do not automatically result in a conviction. Call Peek Law Group at (512) 399-2311 for an immediate consultation and start building your defense.
What Are the Best Legal Defense Strategies Against DWI Charges in Texas?
At Peek Law Group, we know that many DWI arrests are based on flawed evidence, inaccurate breathalyzer tests, and improper police procedures. Our attorneys thoroughly analyze your case to identify legal errors that could result in reduced charges or a case dismissal.
Some of the most common defense strategies for Texas DWI charges include:
- Challenging the Traffic Stop
The DWI charge may be thrown out if law enforcement did not have reasonable suspicion to pull you over. We analyze dashcam footage, police reports, and witness statements to determine if your rights were violated.
- Breathalyzer and Blood Test Errors
Breathalyzer machines must be calibrated appropriately. Inaccurate results can lead to wrongful arrests. Medical conditions, diet, and prescription medications can also cause false positives.
- Field Sobriety Test Inaccuracies
Field sobriety tests are not always reliable and can be affected by nervousness, poor weather, or medical issues. We challenge improperly conducted tests and untrained officers’ conclusions.
- Violation of Your Constitutional Rights
If law enforcement failed to read your Miranda rights or conducted an unlawful search, we may move to suppress evidence.
Alcohol levels rise over time—you may have been under the legal limit while driving but over the limit when tested.
A DWI conviction is not inevitable. Let our San Antonio DWI attorneys fight for your rights. Call Peek Law Group at (512) 399-2311 to discuss your case today.
Can I Refuse a Breathalyzer or Blood Test in Texas?
In Texas, when you obtain a driver’s license, you automatically agree to implied consent laws. If you are lawfully arrested for DWI, you must submit to a breathalyzer or blood test to determine your blood alcohol concentration (BAC).
Refusing a breathalyzer or blood test does not mean you cannot be charged with DWI—law enforcement can still arrest you based on other observations, field sobriety tests, and circumstantial evidence. However, refusing a test can limit the evidence against you, making it harder for prosecutors to prove your BAC exceeded the legal limit.
The consequences of refusing a breathalyzer or blood test in Texas include:
- Automatic Driver’s License Suspension – Under Texas’ Administrative License Revocation (ALR) Program, an automatic license suspension occurs, including a 180-day suspension for a first refusal and a two-year suspension for a second refusal within ten years.
- Used Against You in Court – Prosecutors may argue that you refused testing because you knew you were intoxicated.
- Forced Blood Draws in Certain Cases – In some circumstances, officers may obtain a warrant for a mandatory blood draw, meaning you cannot refuse. This usually happens if you have a prior DWI conviction or you were involved in an accident causing serious injury or death.
At Peek Law Group, we have successfully defended clients who refused chemical testing by:
- Challenging the validity of the traffic stop, including whether there was reasonable suspicion.
- Questioning whether law enforcement followed proper procedures.
- Filing an appeal to contest the license suspension at an ALR hearing.
- Investigating potential constitutional violations in your arrest.
Refusing a breathalyzer or blood test can impact your driving privileges and legal case. If you have been arrested for DWI, you need a board-certified criminal defense attorney to fight for your rights. Call Peek Law Group at (512) 399-2311 or complete our online form for a confidential consultation today.
How Long Will My Driver’s License Be Suspended After a Texas DWI Arrest?
A DWI arrest in Texas can automatically trigger a driver’s license suspension, even before a conviction. The length of the suspension depends on whether you failed or refused a chemical test, whether this is your first offense, and whether you request an Administrative License Revocation (ALR) hearing to challenge the suspension.
The different types of license suspensions after a Texas DWI arrest include:
Failing a Breathalyzer or Blood Test
If you fail a breath or blood test (BAC of 0.08% or higher), the Texas Department of Public Safety (DPS) will automatically suspend your driver’s license:
- First offense: Up to 90 days.
- Second or subsequent offense: Up to 1 year.
Refusing a Breathalyzer or Blood Test
Refusing a chemical test results in a longer automatic suspension under Texas’ implied consent law:
- First refusal: 180-day suspension.
- Second refusal (within 10 years): 2-year suspension.
DWI Conviction License Suspensions
If you are convicted of DWI, your license can be suspended for:
- First-time DWI conviction: Up to 1 year.
- Second DWI conviction: Up to 2 years.
- DWI with a child passenger: Mandatory 180-day suspension.
You have 15 days from the date of your arrest to request an ALR hearing, where we can:
- Challenge the legality of your arrest.
- Argue that officers lacked probable cause.
- Contest breath or blood test results.
If successful, we can prevent or reduce your license suspension.
If your license is suspended, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive for:
- Work or school.
- Essential household needs.
Our attorneys can help you apply for an ODL to keep you on the road. A DWI-related license suspension can disrupt your daily life and employment. Call (512) 399-2311 to speak with an experienced San Antonio DWI attorney now.
Our Skilled San Antonio Criminal Defense Lawyer Represents Clients in the Following Practice Areas:
Contact Our Skilled DWI Defense Attorneys in San Antonio, Texas
A DWI arrest can be overwhelming, but how you respond in the moments after your arrest can significantly impact the outcome of your case. At Peek Law Group, we have been defending individuals against DWI charges in San Antonio since 1996, and we know that strong legal representation from the start can make all the difference.
By exercising your rights, avoiding self-incrimination, and hiring an experienced DWI defense attorney as soon as possible, you can improve your chances of avoiding severe penalties and protecting your future.
If you have been arrested for DWI in San Antonio, call Peek Law Group at (512) 399-2311 or complete our online contact form to schedule a confidential consultation today.
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