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 concentration) 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.
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. The data 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
\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, or a 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. Our goal is to humanize you to the prosecutor and convince them that a conviction is not in the public interest. This includes:
- Letters of recommendation
- Proof of employment
- Community involvement
- Treatment or counseling (if applicable)
