Driving While Intoxicated (DWI)
One of the most common misdemeanor and potential felony offenses in San Antonio and Bexar County is driving while intoxicated (DWI). Pursuant to the Texas Penal Code, if you operate a vehicle in a public place while intoxicated, you may very well be arrested and charged with DWI. The offense does not require any intent on your part. There are certain variations of the offense such as flying or boating while intoxicated. In addition, there are enhanced offenses and penalties when there are prior intoxication offenses.
Baseluos Law Firm (BLF) aggressively defends persons accused of DWI. We explore various criminal defenses that can result in outright dismissal of the charges or acquittal if the case goes to trial.
BLF explores any non serious traffic offenses that lead to the DWI arrest. Those offenses may include speeding, improper lane change, and crossing the center line. Many times, the stop can be defective rendering the subsequent DWI charge invalid.
The law firm also explores whether the person charged was advised of their right to consent to searches, tests, and breath or blood tests. The issue of consent can also invalidate a DWI charge. With respect to state administered tests such as breath, urine, or blood tests, the firm strongly discourages any person who has been stopped by law enforcement to submit to these tests. Inevitably, due to lack of knowledge, many people do submit to breath tests at the minimum to their detriment. Nevertheless, the firm employs techniques to challenge such breath tests especially those tests originating from the Intoxylizer 5000.
The law firm also strongly discourages persons from submitting to any field sobriety evaluations such as the horizontal gaze nystagmus (HGN) test, the walk and turn test, and the one leg stand. These tests are videotaped and recorded and are designed to enhance the appearance of guilt. The firm can still mount challenges to the validity of these tests especially given circumstances such as age or disability.
BLF also challenges any confessions or admissions made during the course of the arrest, specifically examining whether Miranda warnings were required.
During our client intake, the firm will obtain your personal, medical, and criminal history. We will explore the circumstances of the stop, the events of the day of the arrest, initial questioning by the officer, and conversations before or after the arrest.
If you have been arrested for a DWI in San Antonio Texas, you should also be aware that there are separate administrative penalties imposed by the Texas Department of Public Safety (DPS). You should immediately request an administrative hearing to preserve your right to appeal your suspension within fifteen (15) days of the arrest. A request for a hearing allows you to maintain your driving privileges until such time as a hearing can be scheduled which is often at least 1-2 months down the road in Bexar County.
The Administrative License Revocation (ALR) hearing is an excellent discovery tool, which the firm uses to assist in the criminal defense of the DWI. Even in the event you lose the hearing and your license is suspended, the firm can obtain an occupational license to drive so you can travel to and from work.
BLF uses all discovery tools and gains access to the state’s evidence including witness statements and videotape depicting field sobriety tests. We engage in all proceedings before trial and we will maximize all motions to keep the good evidence in and the bad evidence out. If the case necessitates a trial, the firm works very hard to show juries that they should not convict on the basis of bad science.
If you have been charged with a DWI, please do not delay. Contact a criminal defense lawyer in San Antonio Texas and greater Bexar County today.