The San Antonio, TX DWI / DUI Lawyer that Cares

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 DUI, it is important to never plead guilty or give up. Whether your first or third DUI, fighting the charges will usually result in a better outcome for you.