After a DWI arrest in San Antonio, you may face two separate cases: a criminal DWI charge in Bexar County and a Texas Department of Public Safety license case. The DWI process can move quickly, especially if you received a DIC-25 notice and need to request an Administrative License Revocation hearing within 15 days.
A DWI arrest can feel overwhelming because several things may happen at once. You may be released from jail with bond conditions, receive a court date, worry about your driver's license, and have questions about what the police collected as evidence.
San Antonio DWI Process at a Glance
|
Step |
What May Happen |
|
Traffic stop or investigation |
Police may investigate a traffic violation, a crash, a report from another driver, or a parked-vehicle encounter. |
|
Roadside investigation |
An officer may ask questions, make observations, or request field sobriety tests. |
|
Arrest, chemical testing, and booking |
You may be asked for a breath or blood sample, taken to jail for booking, fingerprinting, photographs, and magistration. |
|
Bond and release |
A judge or magistrate may set bond conditions, such as no alcohol use, ignition interlock, alcohol monitoring, or future court appearances. |
|
ALR license deadline |
You may have 15 days to request a hearing about a proposed driver's license suspension. |
|
Case filing and first court setting |
The case may be filed in a Bexar County misdemeanor court or, for felony allegations, a criminal district court. |
|
Evidence review |
The defense may review police reports, body and dashcam videos, test records, warrants, lab materials, and witness statements. |
|
Pretrial process |
The parties may attend court settings, discuss evidence, file motions, negotiate, or prepare for trial. |
|
Resolution |
A case may end in dismissal, reduction, plea agreement, community supervision, trial, acquittal, or conviction. |
Find a DWI Attorney in San Antonio, Texas
A San Antonio DWI attorney can help you understand what is happening in both parts of the case: the criminal charge and the Administrative License Revocation (ALR) issue. These two cases are connected, but they do not move the same way or follow the same deadlines.
Michael & Associates can help you tackle both the ALR and criminal case. Our DWI defense attorneys can review your case, including what happened at the stop, what the officer claimed to observe, how the field sobriety tests were handled, whether breath or blood testing was done properly, and whether the arrest was legally supported.
Traffic Stop or DWI Investigation
Many San Antonio DWI cases begin with a traffic stop, crash investigation, welfare check, or report of possible impaired driving. An officer may claim to have observed speeding, lane changes, a traffic violation, an accident, alcohol odor, slurred speech, unsteady balance, or other signs of possible intoxication.
Under Texas Penal Code § 49.04, it is an offense to operate a motor vehicle in a public place while intoxicated. Intoxicated can mean having an alcohol concentration of 0.08 or more or not having the normal use of mental or physical faculties because of alcohol, drugs, medication, or another substance.
Police may ask you to perform any or all of the standardized field sobriety tests:
- Horizontal Gaze Nystagmus test
- Walk-and-Turn test
- One-Leg Stand test
However, these tests are not automatic proof of intoxication. The defense may use the video footage, lighting, road conditions, footwear, injuries, medical conditions, and the officer's instructions to challenge the State's case.
Arrest, Chemical Testing, and Booking in San Antonio
If an officer believes there is probable cause to arrest, you may be taken into custody and asked for a breath or blood specimen. In some cases, officers may seek a blood warrant if a person does not voluntarily provide a sample.
After an arrest, you may be taken to jail for booking. It usually involves basic processing, fingerprints, photographs, an inventory of personal property, and entry of the arrest information into the system.
Bail and Bond Conditions for a Texas DWI Case
You may see a magistrate or judge who addresses bond and release conditions.
A bond order may require you to avoid alcohol, use an ignition interlock device, submit to alcohol or drug monitoring, report to pretrial services, stay away from certain locations, or return to court on scheduled dates.
You must read every condition carefully. A missed court appearance or alleged bond violation can create additional problems, including a warrant, stricter conditions, or possible bond revocation.
ALR License Suspension in San Antonio
A DWI arrest in San Antonio may trigger an ALR case through the Texas Department of Public Safety (DPS). This is separate from the criminal DWI case and can proceed quickly.
If you receive a DIC-25 notice, you generally have only 15 days from the date the notice was served to request an ALR hearing. It's important not to miss this deadline. If you fail to request a hearing by the deadline, your request will be denied, and the proposed license suspension will generally begin on the 40th day after notice.
A timely request may also give the defense a chance to examine parts of the officer's account before the criminal case is resolved.
Note: Ask your lawyer to help check whether you qualify for an occupational driver's license, which is a special restricted license for essential needs after a suspension, revocation, or denial.
San Antonio Case Filing and the First Court Setting
Your criminal case may not be fully filed on the day of arrest. Prosecutors review the arrest, reports, videos, test results, and other materials before deciding how to proceed.
Misdemeanor DWI cases generally move through Bexar County Courts at Law, while felony DWI allegations are handled in Bexar County Criminal District Courts. Most San Antonio DWI cases are handled in Bexar County, but the correct county depends on where the arrest occurred.
At the first court setting, the court may confirm counsel, review bond conditions, set future dates, and address the status of the case. An arraignment may occur at that setting or later.
Pretrial Settings, Motions, and Negotiations
After the evidence is available, the case may go through several court settings. The defense and prosecution may discuss whether more evidence is needed, whether legal issues should be raised, and whether the case can be resolved without trial.
DWI cases can vary. So, have your lawyer evaluate the evidence, license issues, costs, and other facts.
Trial or a Case Resolution
Not every San Antonio DWI case goes to trial. Some cases are dismissed, reduced, or resolved through an agreement. Others proceed to a judge or jury trial, where the State must prove every required element beyond a reasonable doubt.
If you're convicted of DWI, the consequences can be more than just fines or jail. Depending on the charge and outcome, a person may face community supervision, ignition interlock requirements, DWI education, alcohol monitoring, license consequences, court costs, and a criminal record.
Possible DWI Outcomes and Charge Levels in San Antonio
Here are some of the most common charge levels, depending on the DWI offense:
|
DWI Offense |
Common Charge Level |
|
First DWI (§ 49.04) |
§ 49.04: Usually, a Class B misdemeanor |
|
First DWI with an open alcohol container in the driver's immediate possession |
§ 49.04(c): Class B misdemeanor, with a minimum six-day jail term if convicted |
|
§ 49.04(d): Class A misdemeanor for a first DWI with a blood alcohol concentration (BAC) of 0.15% or more at the time of analysis |
|
|
DWI in a school crossing zone during the reduced-speed-limit period, for conduct on or after September 1, 2025 |
§ 49.04(e): State jail felony |
|
§ 49.09: Class A misdemeanor if the State proves one qualifying prior intoxication-related conviction |
|
|
Third or subsequent DWI |
§ 49.09: Third-degree felony if the State can prove the required qualifying prior convictions |
|
DWI with a child passenger younger than 15 |
§ 49.045: State jail felony |
|
Intoxication assault |
§ 49.07: Usually third-degree felony |
|
Intoxication manslaughter |
§ 49.08: Usually second-degree felony |
Helpful DWI Resources
- Texas DPS ALR Hearing Request Form: Use this to request an ALR hearing after a DWI-related license suspension notice.
- Texas DPS Occupational Driver License Information: Explains the restricted license process for people who may need to drive for essential needs after a suspension.
- Bexar County Criminal Court Records and Dockets: Provides links for criminal court records, online District Clerk criminal records, and online court dockets.
- Bexar County Criminal Court FAQ: This page provides basic information on court dates, case numbers, warrants, court attendance, and criminal filing questions.
Consult a San Antonio Defense Lawyer About the DWI Process
If you were arrested for DWI in San Antonio, the next step is not just waiting for court. You may have a license deadline, bond conditions, evidence issues, and court settings that need attention quickly.
Michael & Associates helps people facing DWI charges in San Antonio understand the criminal case, the separate DPS license process, and the evidence prosecutors may rely on. No lawyer can promise a result, but early review can make a real difference in how prepared you are.
Our attorneys with advanced forensic science training, including San Antonio office leader RC Pate, can help explain what the State must prove, what evidence may be challenged, and what options may be available based on your record, BAC, testing issues, and the facts of the stop.
Contact us for a free case review.
Last updated in June 2026 and reviewed for accuracy by Michael & Associates' criminal defense attorneys.
