DWI/DUI Case Results in San Antonio, TX

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DEFERRED ADJUDICATION

Charge

DWI - First Offense

Location

Bexar County, County Court-at-Law 4

Allegations

Police responded to a minor rear-end collision and arrested our client for DWI after noting slurred speech and inconsistent answers about where they were coming from. The report described poor performance on field sobriety tests, and a breath test registered just under .15. We secured discovery, requested breath-machine calibration records, and obtained officer materials. At the same time, we built a mitigation package with early classes and proof the property damage was addressed through insurance. Relying on the sub-.15 result, no injuries, and our mitigation, we negotiated deferred adjudication.

Result

Deferred Adjudication

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 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
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
PROBATION

Charge

DWI - Third Offense

Location

Bexar County, 437th District Court

Allegations

Police stopped our client after a reported traffic light violation. At the scene the officer escalated quickly, and when a breath test could not be administered, a blood sample was taken. We obtained the video, reports, and lab records, and worked up a mitigation plan, getting the client into AA, a repeat-offender DWI program, and a victim impact panel, along with character letters. We used that package in negotiations and pressed the State on the details of the stop and the testing. The felony was resolved with probation, avoiding a prison sentence.

Result

Probation

Aug 2026 Attorney: Kyle Simpson
CASE DISMISSED

Charge

DWI - First Offense

Location

Bexar County, County Court-at-Law 8

Allegations

After a late-night traffic stop for alleged speeding and a red light, the client was arrested for DWI. Officers claimed an odor of marijuana, conducted field sobriety tests, and, after a breath refusal, obtained a blood draw by warrant. We requested the license hearing and pressed for full discovery, including the lab report. The blood result came back under the legal limit. We challenged the state’s proof of intoxication, and the prosecution dismissed. We then sought to correct the dismissal language to insufficient evidence to protect the client’s expunction.

Result

Case Dismissed

Jul 2026 Attorney: Kaytlyn Knowles
CASE DISMISSED

Charge

DWI - First Offense

Location

Bexar County, CCL1

Allegations

The client was stopped for speeding shortly after leaving home, where they had consumed a single beer. They completed field sobriety tests, performing well on the walk and turn, but the eye test was flagged despite a documented history of epilepsy and natural nystagmus. A breath test was administered well after the stop, following nausea in the patrol car from flashing lights, and registered over the limit. We obtained video and maintenance records, documented the testing delay, medical factors, and officer uncertainty, and presented these defects to the prosecution. The case was dismissed.

Result

Case Dismissed

Jul 2026 Attorney: Kyle Simpson
CHARGES REDUCED

Charge

DWI - First Offense

Location

Medina County, County Court at Law

Allegations

The client was stopped in a construction zone for alleged speeding and arrested after the officer claimed signs of intoxication. Field sobriety tests were conducted on a muddy, sloped roadside, and the client had recent arm and leg injuries that affected balance. The client declined a roadside breath test, and a blood sample was taken later by warrant after a significant delay. We challenged the testing conditions, the basis for the warrant, and pointed to the officer’s own inconsistent statements about intoxication. The prosecution reduced the charge, and the client received deferred probation.

Result

Charges Reduced

Jul 2026 Attorney: Kaytlyn Knowles
CHARGES REDUCED

Charge

DWI - Second Offense

Location

Medina County, County Court at Law

Allegations

After a caller reported wrong-way driving, police stopped our client and arrested for a second DWI. He completed field sobriety tests and, after the officer posed a 1-to-10 intoxication question, was taken into custody. He refused breath testing, and a hospital blood draw was obtained after paperwork was presented. We obtained the videos, scrutinized the officer’s instructions, and dissected the consent, chain of custody, and lab records. We highlighted the brief driving error and the ambiguity of the 1-to-10 response. The prosecution agreed to reduce the charge.

Result

Charges Reduced

Jul 2026 Attorney: Kaytlyn Knowles
NOT GUILTY

Charge

DWI - First Offense

Location

Bexar County, County Court-at-Law 8

Allegations

After a late night traffic stop for speeding, our client was arrested for DWI. There were no driving irregularities beyond speed, and bodycam later showed clear speech and solid performance on the field tests. At the station, the client provided a breath sample just over the legal limit, with no blood draw. We secured the videos and reports, challenged probable cause for the arrest, and filed to exclude the state's late disclosed breath-test expert. At trial the state fell short, and the jury returned a Not Guilty.

Result

Not Guilty

Jul 2026 Attorney: Marissa Giovenco
DEFERRED ADJUDICATION

Charge

DWI - First Offense

Location

Bexar County, CCL2

Allegations

The client was stopped for swerving and speeding and was arrested for a first-time DWI after field sobriety tests and a station breath test. We secured the video and reports, pinpointing problems with how the roadside tests were administered, including the officer's instruction to switch legs during the one-leg stand. We scrutinized the breath-test process and pressed those issues with the prosecutor. The result was deferred adjudication, allowing the client to avoid a conviction upon successful completion of terms.

Result

Deferred Adjudication

Jul 2026 Attorney: Marissa Giovenco
DEFERRED ADJUDICATION

Charge

DUI - Class C

Location

Bexar County, Windcrest Municipal Court

Allegations

Officers approached our client in a parking lot where they had parked to wait for a ride, engine off. EMS transported them to a hospital, and rather than book them the officer issued a Class C DUI citation. We stepped in quickly, requested the police reports, body cam, and medical records, and scrutinized whether the state could prove actual operation and what testing, if any, occurred. We also preserved license rights by timely requesting the administrative hearing. Using that leverage in negotiations, we secured deferred adjudication, avoiding a final conviction.

Result

Deferred Adjudication

Jul 2026 Attorney: Marissa Giovenco

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