A DWI in San Antonio Can Cost You Big Time. Let Us Help.
Charged with DWI or DUI in San Antonio? We’re known for our effective strategies for fighting and beating DWI charges in San Antonio. Our top priority is dismissal.
Driving While Intoxicated (DWI) is one of the most common criminal charges in San Antonio — and it's one we know how to fight and win. Our team in San Antonio includes a former judge, three ex-prosecutors, a forensic DWI scientist, and seasoned criminal defense attorneys, all with extensive experience in DWI cases. They share a common goal: to have your DWI case dismissed or your charges reduced.
While DWI charges may seem relatively standard in Bexar County, the consequences are anything but minor. A first-time conviction can result in up to 180 days in jail, steep fines, driver's license suspension, and long-term effects on your auto insurance and employment. The good news? Our clients rarely face those worst-case scenarios, because we know how to build a strategic, aggressive defense that often leads to case dismissal or reduction.
What Is a DWI in Texas?
Under Texas Penal Code § 49.04, a person commits DWI when they operate a vehicle in a public place while intoxicated.
Texas law defines intoxication as:
- A BAC (blood alcohol content) of 0.08% or higher, or
- Losing the regular use of your mental or physical faculties due to alcohol or drugs.
In other words, you can still be arrested and charged with DWI even if your BAC is under 0.08% — if officers claim you were mentally or physically impaired.
Our advice if you're pulled over? Don't take field sobriety tests or blow into a breathalyzer. That evidence only helps the prosecution. Police may get a warrant for a blood draw — and in that case, you should comply — but we have DWI scientists on staff who can challenge those results later.
DWI Charges & Penalties in San Antonio, TX
Penalties for a DWI or DUI in San Antonio can be severe. Below is a breakdown of what you're facing and how we typically reduce or avoid those outcomes for our clients.
1st DWI Offense (Class B Misdemeanor)
- Up to $2,000 fine
- 3 to 180 days in jail
- Driver's license suspension for up to one year
The reality is that significant jail time is rare for first-time offenders, particularly when a strong legal defense is employed. Many cases result in probation, deferred adjudication, or dismissal.
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2nd DWI Offense (Class A Misdemeanor)
- Up to $2,000 fine
- 30 days to 1 year in jail
- Driver's license suspension for up to two years
Second DWIs come with harsher penalties, but again, jail time is often avoidable. Our team works to have charges dismissed or negotiate alternative outcomes, such as treatment programs or community supervision.
3rd or Subsequent DWI (Felony)
- Up to $10,000 fine
- 2 to 10 years in prison
- Driver's license suspension for up to two years
- Permanent felony record
A third DWI charge is very serious — it's a felony with the potential for prison time. However, even with a prior history, jail time can still be avoided with a smart legal strategy if no one was injured.
The time between prior offenses matters. A long gap between DWIs can help reduce your penalties.
DWI Enhancements in Texas
Certain circumstances can enhance a DWI charge, increasing potential penalties:
- BAC of 0.15% or higher: Elevated to a Class A misdemeanor
- Open container in the vehicle: Minimum 6 days in jail if convicted
- Child passenger in the car: State jail felony, up to 2 years in prison
These enhancements require even more aggressive defense, and we're prepared to fight them with science and strategy.
What Really Happens After a DWI in Bexar County?
The legal penalties listed above may seem intimidating, but the real-world outcomes often appear quite different. That's because most DWI cases won't go to trial. They're resolved through negotiations, legal challenges, plea deals, and procedural tactics.
We obtained conviction data from Bexar County to show the number of DWI cases that end in dismissal, reduction, or deferred adjudication. Keep in mind — those stats include people who pleaded guilty or used a public defender. With a dedicated private DWI lawyer, your odds improve significantly.
Case Outcomes in San Antonio
The first thing to understand about a DWI charge is the case outcome. Most cases don’t end up going to trial – instead, an outcome gets worked out with the prosecutor. However, due to court backlogs in Texas’s major cities, it can be a lengthy process that can impact your personal life for years to come. Getting the best possible outcome requires some patience.
You can see the data from Bexar County DWI charges in 2024 below:
| Disposition | 1st DWI | 2nd DWI | Felony DWI |
| Dismissal | 11.4% | 10% | 5% |
| Convicted – Guilty or Nolo | 16.5% | 51% | 48% |
| Deferred adjudication | 30% | 12% | 1.4% |
| Motions to Revoke Granted / Revoked | 5.5% | 4.3% | 9.2% |
| Motions to Revoke Denied / Continued | 4% | 3.5% | 6.3% |
| Other* | 32.3% | 18.8% | 29.4% |
| Conviction by the court | .1% | 0 | .5% |
| Acquittal by the court | .1% | .1% | 0 |
| Convictions by the jury | .01% | .4% | .2% |
| Acquittal by jury | .1% | .2% | 0 |
Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/
*Includes cases that are currently unresolved
DWI Outcomes in Bexar County
Any conviction or guilty plea in Bexar County will remain on your criminal record for life, so it’s essential to consider the long-term ramifications. Though accepting a plea deal that requires a guilty plea may seem like the simplest course of action, you must consider the long-term ramifications of having a conviction on your record before taking action.
First-time DWI: About 30% of first-time DWI cases ended with deferred adjudication, while 11.4% were dismissed. About 16.5% of defendants pleaded guilty or no contest.
Second-time DWI: Just over half of second-time DWI offenders ended up with a conviction, so it’s crucial to hire an attorney for the best chance of keeping your record clean. About 12% of defendants received deferred adjudication.
Felony DWI: Just over 6% of defendants received dismissals or deferred adjudication, while 48% have been convicted, which can result in jail time. Another 15% had to deal with ramifications for probation or parole.
Conviction Sentences in San Antonio
If convicted, you will receive a sentence. Below shows the distribution of sentence types for DWI convictions last year in Bexar County:
| Sentence | 1st offense | 2nd offense | Felony |
| Probation/Community supervision | 63% | 73% | 60.5% |
| Committed to the local jail | 37% | 27% | 19% |
| Committed to state jail | 0 | 0 | 12.5% |
| Committed directly to prison | 0 | 0 | 2% |
DWI Conviction Statistics in Bexar County
First-time DWI: Statistics show that approximately 16% of first-time DWI offenses in Harris County result in a conviction. Approximately 37% of those convictions resulted in jail time. However, many jail sentences for first-time offenders are based on the time already served between arrest and the guilty plea or conviction. The more critical concern at this point is maintaining a clear record.
Second-time DWI: The most likely outcome of a second DWI conviction is probation, with over 73% of cases receiving this outcome. Approximately 27% of convictions result in jail time.
Felony DWI: About 34% of felony convictions in Bexar County result in jail or prison time, while most felony offenders end up on probation. However, probation itself is a severe punishment that requires mandatory drug and alcohol testing, mandatory check-ins with a probation officer, and even restricts where you can travel.
Our Proven Strategy for Beating DWIs in San Antonio
We've developed a battle-tested playbook for DWI defense in Bexar County. While we can't share every detail (we don't want prosecutors copying us), here are the core pillars:
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ALR Hearing – Fight to Keep Your License
You have just 15 days from your arrest date to request an Administrative License Revocation (ALR) hearing. Most lawyers treat this as a formality — not us. We have specialists who focus solely on winning ALR hearings.
We also use this hearing to cross-examine the arresting officer, which can reveal weaknesses in the state's case before the trial even begins.
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Occupational Driver's License (ODL)
If you lose your ALR hearing, we can help you obtain an ODL, allowing you to continue commuting, caring for your family, and living your life as usual. We can’t remember the last time one of our ODL requests was denied.
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Challenge the Traffic Stop
Every DWI stop must be supported by probable cause. We review police videos to find errors, inconsistencies, or illegal stops. If the traffic stop was unlawful, we can file a motion to suppress, and your entire case may be thrown out.
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Challenge Blood and Breath Test Results
Our in-house DWI science team includes experts trained in the flaws of forensic blood and breath testing. We frequently find:
- Faulty testing equipment
- Mishandled samples
- Contaminated chain of custody
This kind of technical challenge can lead to case dismissals or reductions.
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Analyze Arrest Video
We review your arrest footage, especially field sobriety tests, to evaluate whether you appeared intoxicated. If you looked sober, we could present this to prosecutors and argue that a jury wouldn't convict based on this evidence.
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Build a Mitigation Packet
In cases where the evidence is unfavorable, we prepare a powerful mitigation packet — a compelling profile that showcases who you are as a person. This includes:
- Letters of recommendation
- Proof of employment
- Community involvement
- Treatment or counseling (if applicable)
Our goal is to humanize you to the prosecutor and convince them that a conviction is not in the public interest.
Arrested for DWI in San Antonio? Call Us Today
If you've been charged with DWI in San Antonio or Bexar County, don't leave your future to chance. Our team has the experience, scientific training, and courtroom skills to help you get your case dismissed or reduced.
Call us now for a free consultation — and let's fight your DWI together.
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Hundreds of Happy San Antonio Clients
Recent DWI Cases in San Antonio
Case Dismissed
Charge: Driving While Intoxicated
Location: San Antonio, TX
Allegations: The police stopped the client, claiming that he was swerving between lanes. The client failed the sobriety test and was taken to the police station.
Result: Dismissal
Charges Reduced
Charge: Driving While Intoxicated, 2nd Offense
Location: San Antonio, TX
Allegations: Client refused a breathalyzer test and failed a sobriety test after being pulled over, resulting in their arrest. This was the client's second offense.
Result: Case Pled Down to Reckless Driving
Case Dismissed
Charge: Driving Under the Influence
Location: San Antonio, TX
Allegations:The client was arrested for running a stop sign. A breathalyzer and blood test were administered by the police.
Result: Case Dismissed
Meet the Michael & Associates DWI Defense Team
RC Pate
Senior Trial Attorney
The first-born son of a Texas District Court Judge, you could say RC was destined to end up in the legal system.
RC is one of the few DWI attorneys in San Antonio to designated by the American Chemical Society as a Lawyer Scientist. This means he has advanced knowledge at challenging blood and breathalyzer tests as a defense strategy. He has also completed the NHTSA/IACP Standardized Field Sobriety Practitioner’s course twice.
As a testament to how dedicated RC is to DWI defense, he owns the trademark DWI Guru.
Tommy Stolhandske
Senior Trial Attorney
Tommy was born and raised in San Antonio. After undergrad, Tommy decided to follow in the footsteps of his father, local attorney Matt Stolhandske, and grandfather, former Bexar County Commissioner Tom Stolhandske, and attend St. Mary’s University School of Law. After becoming licensed as an attorney, Tommy launched his own practice and shared an office with his father and grandfather where he defended clients of DWI and other charges.
In 2014, Tommy was elected to serve as the Judge of Bexar County Court at Law No. 11 and took office on January 1, 2015. While a trial court judge, Tommy served on the DWI Curriculum Committee, helping develop the judicial training DWI training for judges from throughout the state.
As a former judge, Tommy has seen every side of a DWI case and uses that to his advantage when advocating for clients.
Kaytlyn Knowles
Senior Trial Attorney
Kaytlyn Knowles was born and raised in Houston, Texas. She completed her undergraduate education at Texas Christian University, graduating Magna Cum Laude. Kaytlyn returned to Houston to pursue her passion for trial advocacy at South Texas College of Law. There, she competed in mock trial, finishing as champion of the Garland Walker Mock Trial Competition. She also competed nationally for the school’s alternative dispute resolution team.
Upon graduating and passing the bar exam, Kaytlyn knew she belonged in the courtroom. An internship turned into a 12-year career as a prosecutor. While an Assistant District Attorney in Bexar County, she tried over 50 felony jury trials and handled hundreds of evidentiary hearings. Handling thousands of cases from drug possession to murder, she has experience in all facets of criminal law.
Kaytlyn knows what it takes to defend her clients successfully. She spent over a decade behind enemy lines, learning how prosecutors think and how to anticipate their next move.
How a DWI Conviction Affects Auto Insurance Rates
In San Antonio, the average annual cost of car insurance is $768. For drivers with DWI convictions, the average annual cost of auto insurance is $1106, an increase of $338.
Breakdown by Gender
| Without DWI Conviction | $780 | $756 |
| With DWI Conviction | $1,123 | $1,089 |
| Increase | $343 | $333 |
Breakdown by Age
| Without DWI Conviction | $1,236 | $732 | $672 | $624 | $576 | $612 |
| With DWI Conviction | $1,780 | $1,054 | $968 | $899 | $829 | $881 |
| Increase | $544 | $322 | $296 | $275 | $253 | $269 |
Don't Let a DWI Increase your Insurance Cost
Frequently Asked Questions
About Michael & Associates
At Michael & Associates, we take on a variety of felony and misdemeanor criminal cases, including DUI / DWI, possession of a controlled substance, assault & battery, and family violence. We do not handle traffic law, family law, immigration law, or civil law cases.
In San Antonio, we serve the following counties:
→ Bexar
→ Comal
→ Guadalupe
→ Wilson
→ Kendall
→ Atascosa
→ Medina
→ Gillespie
→ Bandera
Driving While Intoxicated in San Antonio
Any driver caught with a blood alcohol content (BAC) of 0.08% or higher in San Antonio, Bexar County, and the rest of Texas can be charged with driving while intoxicated. BAC is a measure of what percent of your blood is made up of alcohol. The number of drinks that will put you at a BAC of 0.08% depends on various factors, such as the strength of the drinks, the time passed since consuming, your gender, your weight, and your tolerance.
In San Antonio, the penalties vary based on how many offenses you have had.
First Offense
- Up to a $2,000 fine
- Up to 180 jails upon conviction, with three mandatory days in jail
- Loss of driver's license for up to a year
Second Offense
- Up to a $4,000 fine
- One month to a year in jail
- Loss of driver's license for up to two years
Third Offense
- A $10,000 fine
- Two to ten years in prison
- Loss of driver's license up to two years
Additional penalties apply if driving with a child passenger, which include:
- Additional fines up to $10,000
- Up to two years in jail
- Additional 180 days of driver's license suspension
If you are pulled over by the police, the best course of action is to pull over immediately and safely. Do not try to evade the police, as you will likely be unsuccessful and face additional charges.
Once the officer approaches your vehicle, be polite and obedient. The officer will ask for your license, registration, and proof of insurance. Tell the officer where these items are located, and slowly reach for them.
Officers will usually ask if you know why they pulled you over. You should simply say "No Sir" or "No Ma'am". This is because in court, the officer must have a reason to justify pulling you over. So, you don't want to admit to the officer that he or she had a good reason.
You have the right to refuse both a field sobriety test and a preliminary breathalyzer test. If you believe you will fail, it is a good idea to refuse these tests. Simply state that you are not comfortable doing them, and would like to speak with your attorney before doing so. Always assume you are being recorded, so be as polite and calm as possible.
You may still be arrested if the officer observes slurred speech, alcohol smell, or bloodshot eyes. Once arrested, you will likely be asked to take a blood or breath test to establish your BAC. If you refuse, you are subject to a license suspension. However, if you fail the test, you are also subject to a license suspension. In either case, a lawyer can help you fight this.
The officer may obtain a warrant to compel you to take the test, but this process takes time.
Always remain silent during questioning, and contact an attorney at the first opportunity you have.
If you are charged with a DWI, it is important to never plead guilty or give up. Whether your first or third DWI, fighting the charges will usually result in a better outcome for you.
Contact Info
The easiest way to contact us is to schedule a free case review. From there, we will set up a time with one of our senior attorneys to discuss the preliminary details of your case and determine if it’s a good fit.