This morning, I had a hearing on a motion to dismiss in Bexar County - County Court 2. My client was charged with DWI with a blood alcohol level of .15 or higher. The judge granted the motion to suppress, and the case was dismissed this morning. My client was driving home at midnight on a Thursday night. An officer was behind him and pulled him over for failing to maintain a single lane. Last year, the Texas Court Read More
How Texas Can Enhance Your DWI Case to a Felony
https://youtu.be/VZkg0XNNYnY Most people who are arrested for DWI are never arrested again. If there are more DWI arrests, the punishment levels can keep going up. If you’re arrested for a DWI, it’s usually a class B misdemeanor. This means that the maximum punishment is 6 months in jail. There are several ways that Texas can enhance your DWI which increases the punishment. Below are all of the ways that a DWI Read More
DWI Related Drivers License Suspension and ALR Hearing
https://youtu.be/8nrlMNtkk10 When you are arrested for DWI in San Antonio, DPS will try to suspend your drivers license. They can suspend your drivers license if the officer had probable cause to arrest you and if you consented to a blood or breath test and your BAC (blood alcohol concentration) was .08 or above or if you refused to give a blood or breath test. Interestingly, if you consent to a breath test and Read More
Should You Do a Breath Test or Blood Test on a DWI in San Antonio?
https://youtu.be/syvHaa5QrNs When an officer arrests you for DWI in San Antonio, the officer will ask you if you will do a breath test or blood test. If you refuse to do a breath test, the officer will get a search warrant to draw your blood to have it tested for alcohol or, possibly, for drugs. What should you do if you're in this situation, is it better to agree to do a breath or blood test or to refuse and Read More
How Long Does a DWI Case Last in San Antonio?
https://youtu.be/CmaX0ZzX6FY If you've been arrested for DWI in San Antonio, one thing you're probably concerned about is how long your case is going to last. The longer the case lasts, the more times you'll have to show up to court. That means you'll have to take off work or find childcare, pay for parking, and sit through what probably feels like a morning that's been wasted. If you really want your case to Read More
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
https://youtu.be/pBSFvuI-tfg 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
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
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
