Credibility of Technical Supervisor Could Affect Hundreds of DWI’s in San Antonio

The Bexar County District Attorney’s office has recently started informing defense attorneys that they are no longer calling the Technical Supervisor that has been in charge of the City of San Antonio's breath test machines. This could impact hundreds of DWI and other intoxication related offenses in San Antonio and Bexar County. There are several incidents that led to this decision, but because of statements she Read More

If You Were Arrested for DWI, You Should Fight to Keep Your Drivers License Even Though You’ll Lose

You Have 15 Days to Request the Hearing on Your Drivers License When you are arrested for DWI, intoxication assault, or intoxication manslaughter, DPS will try to suspend your license if you refused a blood or breath test or if you consented to the test and your blood alcohol level was .08 or higher. You have 15 days to request a hearing to try and keep your drivers license. The hearing is called and Read More

How DWI Attorneys Avoid a DWI I don’t only drink alcohol at my house. I also have the advantage of seeing the way that officers arrest people for DWI. I’ve been arrested before for DWI and I don’t want that to happen again. We all know that the police have a plan for arresting people for DWI, I also have a plan for not getting arrested for DWI. My Plan 1. I Don't drink if I'm going to be driving with Read More

6 Things You Should Know Before a Free Consultation

If you're being charged with a crime and you're looking for an attorney, your first meeting with the attorney will be at a consultation. You will probably have a lot of questions, concerns, and fears. The purpose of the consultation is for the attorney to listen to your legal problems, discuss those problems with you, and let you know if and how he may be able to help you. This is also the time for you to decide if Read More

What to Expect: Your First Court Date I am regularly asked what to expect at your first court date. Clients are often ready to have their case resolved, but unfortunately, this can take months. Dress Appropriately Courts will not let you in if you are not dressed appropriately. This means not shorts, no flip flops, and no hats. I usually tell people to dress like they're going to church. Plan on Getting There Read More

Beware of Lazy Lawyers

When you are charged with a crime, you have the Constitutional right to competent representation by an attorney. A defendant also has the Constitutional right to have his attorney review his case for 10 days. When I review clients’ criminal histories, I often see evidence that shows that there are several attorneys out there who are not doing the job that they have been hired or appointed to do. Below are a few Read More

DWI Officer’s Playbook

Like all successful teams, cops have a playbook that helps them to arrest as many people as possible for DWI. You should know their playbook, if you want to avoid getting arrested. The vast majority of DWI’s follow this playbook. To avoid being arrested, you need to avoid playing along. Patrol the main highways around 2:00 AM on Friday and Saturday nights. The cops know that the bars stop serving alcohol at Read More

Guilty Until Proven Innocent

The Constitution gives you the presumption of innocence until you are proven guilty. It also gives you the right not to be arrested unless an officer has probable cause to believe that you have committed a crime. Without probable cause, an officer cannot arrest you. Every day, police pull people over and investigate drivers they think may be intoxicated. Police are trained to tell you, “I just need to evaluate you Read More

What happens if the state files an MTR (Motion to Revoke Probation)?

If you are on probation for DWI, or any other case, the government can file a motion to revoke your probation if they think that you have violated any of the terms of your probation. Once they file the motion, the judge will sign off on the MTR, and a warrant goes out for your arrest. If you are arrested because of a warrant for an MTR in San Antonio, there will not be bond set on your case. Bond won’t be set Read More

Can I Get Deferred Adjudication for DWI in Texas?

Until recently, the answer to this question was a definitive no. Deferred adjudication was not available for DWI. This past legislative session, that changed. A bill was passed allowing deferred adjudication to be available for certain DWI offenses starting August 26, 2019. Deferred adjudication is a special type of probation, where the judge finds that there is enough evidence to find you guilty, but does Read More