DWI/DUI Case Results in Comal, TX

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CHARGES REDUCED

Charge

DWI with Child Passenger (Felony)

Location

Comal County, 433rd District Court

Allegations

Officers contacted the client while the car was parked with hazard lights on, engine off, and a minor passenger inside. Communication and instructions were given only in English, despite the client primarily speaking Spanish. Field sobriety tests were performed and blood was drawn by warrant, but the sample later reflected a low alcohol level. We attacked the element of operation, highlighted the language barrier undermining the tests, and noted issues with the vehicle's operability. Faced with these weaknesses, the state agreed to reduce the charge to a lesser offense.

Result

Charges Reduced

Aug 2026 Attorney: Monica Khirallah
PROBATION

Charge

DWI - First Offense

Location

Comal County, CC2

Allegations

Police stopped our client for a traffic signal violation and escalated to a DWI investigation. He was put through multiple rounds of field sobriety tests by several officers, declined a breath test, and a blood draw was later taken under a warrant. Reports also mentioned an open container. We pulled the videos and paperwork and attacked the length of the detention and the way the tests were administered, pressing the state on probable cause and evidentiary gaps. The state would not dismiss, but we leveraged those problems into straight probation with no jail and manageable conditions.

Result

Probation

Aug 2026 Attorney: Marissa Giovenco
CHARGES REDUCED

Charge

DWI (BAC Over .15)

Location

Comal County, County Court at Law 2

Allegations

Police encountered our client on foot, separated from a vehicle that was later associated with the incident. The officer never observed any driving and even conducted sobriety checks on another person, creating confusion about who operated the car. We dissected the reports and bystander statements and underscored the gaps in the timeline. Despite a reported breath result around .16, we focused the defense on the lack of proof of operation and the inconsistent accounts gathered at the scene. We pressed these weaknesses with the prosecutor. The state agreed to reduce the charge.

Result

Charges Reduced

Aug 2026 Attorney: Marissa Giovenco
CHARGES REDUCED

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

Stopped for a wide turn shortly after leaving a venue, the client was arrested for DWI. Officers conducted field sobriety tests while the client wore slide sandals and used a roadside breath screen, then obtained a warrant for a blood draw after the evidentiary breath test was declined. We secured and reviewed dash and body cam video, noting the reported driving was not clearly shown and the test instructions were questionable given the footwear. We raised suppression issues and submitted early mitigation. The prosecution agreed to reduce the charge.

Result

Charges Reduced

Jul 2026 Attorney: Monica Khirallah
CHARGES REDUCED

Charge

DWI - First Offense

Location

Comal County, County Court at Law 3

Allegations

The client was stopped for a traffic violation and arrested on suspicion of DWI after roadside testing. A breath result was reported near the legal limit. We obtained the discovery, challenged the strength of the intoxication evidence given the narrow margin, and highlighted mitigation, including the client’s prompt completion of the DWI education course and victim impact panel. We managed early settings to minimize court appearances and negotiated a reduction to a lesser offense with deferred adjudication, keeping a conviction off the record.

Result

Charges Reduced

Jun 2026 Attorney: RC Pate
DEFERRED ADJUDICATION

Charge

DWI - First Offense

Location

Comal County, CCL1

Allegations

The client was stopped on a highway after the officer alternately claimed speeding and an expired registration. Video showed the car first on the shoulder, then relocated before testing began, raising continuity concerns. Officers noted slurred speech and nystagmus, ran field tests with confusing instructions, and secured a breath result over the limit. We dissected the footage and reports, highlighting the shifting basis for the stop and how the tests were conducted. The state agreed to deferred adjudication.

Result

Deferred Adjudication

Jun 2026 Attorney: RC Pate
CHARGES REDUCED

Charge

DWI - Second Offense

Location

Comal County, CCL1

Allegations

A wrong-way turn led to a stop and a DWI arrest. The client admitted to having some drinks, performed field sobriety tests, and was taken in. He declined testing at the scene, and a warrant blood draw later came back at 0.07. We obtained the video and lab materials, emphasized the result below 0.08, and challenged the reliability of the field tests given the conditions. Using that leverage, we negotiated a reduction from a second-offense DWI to a standard DWI, avoiding the enhanced penalties.

Result

Charges Reduced

Jun 2026 Attorney: RC Pate
DEFERRED ADJUDICATION

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

After a traffic stop for exiting a one-way street the wrong direction, the client was investigated for DWI. Field sobriety tests on video looked mostly steady, but a blood test later came back just under 0.15. We reviewed the footage, emphasized the nonessential questioning and the client’s test performance, and pressed those points in negotiations. Using the borderline BAC and evidentiary concerns, we secured deferred adjudication probation. Terms included required classes and an ignition interlock, avoiding a conviction on the record.

Result

Deferred Adjudication

Apr 2026 Attorney: Marissa Giovenco
PROBATION

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

Officers responded to a rear-end crash and questioned our client, who admitted drinking earlier while traveling. Only partial roadside tests were attempted after an airbag deployment and chest pain, and a hospital blood draw later reported a very high BAC. We reviewed the videos and reports, flagged how injuries and stress impacted testing, and scrutinized the warning and consent process. We also built mitigation, documenting months of AA, consistent sobriety monitoring, completion of required classes, and character support. The state agreed to probation, avoiding jail.

Result

Probation

Apr 2026 Attorney: Marissa Giovenco
CHARGES REDUCED

Charge

DWI - Second Offense

Location

Comal County, CC3

Allegations

After a traffic stop for an alleged red light violation, officers noted poor performance on field sobriety tests and administered a breath test that required multiple tries before producing an unusually high reading. We scrutinized the breath testing process, emphasizing the repeated attempts and the mismatch with the client’s limited alcohol admission. We also presented strong mitigation: completed DWI education, a victim impact panel, substance abuse treatment, regular AA, and supportive letters. Using these points in negotiations, we secured a reduction to a lesser misdemeanor with straight probation.

Result

Charges Reduced

Apr 2026 Attorney: RC Pate
CHARGES REDUCED

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

Police stopped our client after an evening out, citing a wide turn, travel on the shoulder, and a lingering turn signal. Field sobriety tests were given, but none were recorded because the camera was never activated. The client refused breath testing, and a warrant blood draw later reported a high result. We scrutinized the video, reports, and lab records, challenging the shaky basis for the stop, the missing FST evidence, and issues surrounding the blood draw. Faced with these problems, the state reduced the charges and offered deferred probation, avoiding a conviction.

Result

Charges Reduced

Apr 2026 Attorney: RC Pate
CASE DISMISSED

Charge

Boating While Intoxicated

Location

Comal County, County Court at Law 2

Allegations

Water patrol contacted our client at a launch area after a family call. He acknowledged a few beers spread over many hours. Officers ran field tests on a sloped surface while he lacked his prescription glasses and had prior knee and head injuries. He provided a blood sample that showed 0.00 alcohol, and the state later pointed to a lab screen suggesting cocaine. We reviewed video and discovery, challenged the impairment evidence, noted no drug-recognition evaluation and no unsafe operation, and rejected a reduction. Facing trial, the state dismissed the case.

Result

Case Dismissed

Mar 2026 Attorney: RC Pate

Showing 1-12 of 38 case results

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