San Antonio DWI Lawyer

The San Antonio Law Firm of Grossman Law Offices Can Help You Obtain a Favorable Resolution to Your Driving While Intoxicated Arrest

Folks in San Antonio like to have a good time. Go to any Mexican restaurant on the River Walk, and there will be nearly as many glasses of margaritas as there are glasses of water on practically every table. This leads to an extremely aggressive attitude by local law enforcement to drunken driving and a fairly high rate of arrests for Driving While Intoxicated and other drunken driving violations. If you or someone you love has been charged with any type of drunken driving offense, then you’re going to need the assistance of an experienced and crafty San Antonio DWI lawyer to secure the best possible outcome to your legal predicament.

Sure, San Antonio is one of the largest cities in the United States, so finding an attorney is about as hard to do as ordering a margarita. Any attorney can cash your check, hold your hand, and walk you through court doing nothing more than relying on the leniency of the court. However, you don’t want just any lawyer; you need the right lawyer – one who has extensive familiarity with both drunken driving laws and the Bexar County courts. With so many different DWI charges and penalties, you need a lawyer who knows how to secure the best resolution in response to the specific circumstances of your case. Moreover, you need someone who is a known entity in the Bexar County courts to ensure the best interaction and plea bargaining possibilities with the prosecution. The San Antonio DWI attorneys at Grossman Law Offices have been dealing with drunken driving litigation for more than two decades, and we’re willing to devote all of our knowledge, experience, resources, and time to finding the best possible legal resolution for our clients.

After more than 20 years in this business, our attorneys know how shocking and scary it can be to get arrested for a DWI offense. Thus, we’ve assembled this informative article because we feel you can ease your mind only by educating yourself about the criminal trial process involved with the various DWI offenses. By now, you probably realize that you face the prospect of losing your license for a period of time, paying hefty fines and penalties, and possibly even going to jail. On the contrary, you may not be aware that punishment goes far beyond that – your reputation will be negatively affected for years to come. Your conviction will only be a quick Internet background check away from being revealed to any potential employer or in-laws. Facing such dire consequences, you need to find a San Antonio DWI attorney you can trust in order to secure the best possible outcome to your legal situation. In the two decades and counting that the attorneys at Grossman Law Offices have been dealing with drunken driving offenses, we’ve helped hundreds of Texans and seen virtually every conceivable drunken driving offense and situation. We offer a free consultation any time of day or night, so call us now at 1-855-427-0000 (toll free) to discuss your case with a trained professional.

DWI Offenders Differ from Other Criminals

When it comes to other types of criminal trials, the accused is usually someone who willfully and intentionally committed a crime without care of who would be hurt by the law breaking, but this is not the case with driving while intoxicated. DWI offenders are run-of-the-mill citizens who showed poor decision-making in getting behind the wheel after to much drink. When you keep in mind that alcohol detracts from one’s ability to make rational decisions as well as perform normal mental functions, then you can see how someone who has become drunk is incapable of deciding whether or not he or she can physically drive home. Thus, anyone who drinks can theoretically get to the point where he or she ends up drinking and driving. Don’t misinterpret what we’re saying – DWI offenders present a significant hazard to society and should be punished. However, the state takes into account the lack of malicious intent of the DWI crime and allows for less stringent punitive measures to be applied to some cases than would be the case for a crime that was committed intentionally. In order to lessen the consequences you will be forced to face if guilty, you will need to convince the judge and jury that you only made a one-time err in judgment and present very little threat to the public moving forward. That’s where a skilled San Antonio DWI lawyer is absolutely essential for your case – someone who knows the parameters of the laws the procedures of Bexar County can help you get the most favorable resolution possible if a not guilty verdict is unattainable.

Understanding United States Criminal Law in General

While the lawyers at Grossman Law Offices want to inform you about the ins and outs of drunken driving laws, procedures and punishments in Texas, we can’t very well delve into that subject without first making sure you have a foundation of understanding about the American legal system in general. Hopefully, none of this information insults your intelligence. According to the United States Constitution, and most notably the first ten amendments known as the Bill of Rights, all American adults are guaranteed certain rights. When you are charged with a crime, the arresting officer must respect your rights in the way you are stopped and charged and how the case is investigate and evidenced gathered. In order to convict a person accused of any crime, the state must prove the defendant is guilty beyond a reasonable doubt.

On the other side of that coin, different jurisdictions – federal, state, counties, cities, and towns – all have the right to decide their own legal standards and moors, so long as the laws and punishments they create don’t contradict the laws of a higher jurisdiction. To better understand this concept, let’s consider how different jurisdictions rule on the right to drive through a school zone while talking on a cell phone. Recently, Governor Rick Perry vetoed a law that would have banned cell phone usage in any Texas school zone. However, many local jurisdictions have taken it upon themselves to outlaw cell phone use in school zones on their own. Some have banned texting only, while others have outlawed any cell phone devices – even hands-free ones. Elsewhere in the United States, it’s illegal to use a cell phone while driving without a hands-free device in both New York and New Jersey. Until a greater jurisdiction rules on the subject of cell phone usage, each individual community has the right to dictate its own laws.

Furthermore, once a local law has been violated, each jurisdiction can determine its own punishment for the transgressors, within reason of course. Bexar County can’t fine you $30,000 for talking on a cell phone within a school zone. Moreover, you must follow whatever procedure is required by the given jurisdiction to pay the fine. If that means you have to appear in person, then you must appear in person. Although, in this day and age most fines can be paid by phone, Internet, or mail. Whether you’ve been accused of DWI, or talking illegally on a cell phone, or murder, you always have the right to fight the charges and prove your innocence in court.

When a crime is of a grievous nature, like a man who was caught plotting to overthrow the government, then that’s a federal crime that will be dealt with in federal court regardless of the jurisdiction where the crime took place.

Beyond the laws and punishments that a locale can determine on its own, most jurisdictions have their own distinct way of doing things legally. While the judge in your case is not likely to show up to court dressed like a clown, he or she will enjoy certain leeway in the procedures and methods in his or her court. Among lawyers, these differences are referred to as the “personality” of the court. In this way, courts are somewhat like sports arenas – they all exist for the same reasons but go about achieving their purpose in different ways. The Alamo dome differs greatly from Cowboy Stadium up in Austin – they look different, ticket prices vary greatly, the concessions vary as do the luxuries offered, and Cowboy Stadium has a retractable roof. However, both venues have the same purpose – to serve as a place where professional sports can be played and enjoyed by thousands of fans. All courts exist to dispense justice, but they all go about doing so in unique ways. These differing qualities in courts is why you will need the help of an experienced San Antonio drunken driving attorney in order to obtain the resolution to your case that you’re hoping to achieve.

The consequences of a drunken driving conviction are quite severe – thousands of dollars in fines, the loss of your driver’s license, and even jail time. With those factors at risk, you simply can’t make the mistake of entrusting your case to a greenhorn lawyer, or even worse, attempt to handle the case yourself. A seasoned DWI attorney knows when its best to go to trial and when its best to work out a plea agreement based upon the facts of the case and the attitude of the prosecution. While anyone can see why it’s beneficial for many defendants who face strong evidence against them to plea bargain, you might not realize that the prosecution also has significant incentive for working out a plea agreement. Prosecutors must maintain a favorable winning percentage, or they will be looking for work in the private sector very quickly. That fact is not particularly fair for the prosecutors who can only do their job if the arresting police officer has done his or job effectively, respecting the rights of the suspect in the traffic stop, the arrest, and the subsequent investigation. If the police officer fails in some respect, then the prosecutor has very little chance of success in court. Even when the law enforcement officer performs flawlessly, a crafty San Antonio drunken driving attorney may still be able to obtain a not guilty verdict by attacking the validity of the blood alcohol concentration testing. Thus, you can see why prosecutors have just as much incentive for working out a plea agreement – the wrongdoer is still punished, and the prosecutor gets a victory to add to his or her record completely devoid of any risk.

How Can a San Antonio Criminal DWI Lawyer Help with My Case?

When it comes to dispensing punishment to DWI offenders, justice in Texas is anything but blind. A great deal of leeway is permitted when a court applies punishment, and it considers both the previous DWI history of the criminal and the severity of the harm done by the crime when delivering a work out. If you have little chance of an acquittal, then you need a San Antonio DWI attorney who is capable of getting the court to see you as a law-abiding citizen who just made a single mistake. Until your attorney has presented evidence to prove otherwise, the court will assume you present a maximum threat to the public and will thus pursue the stiffest punishment allowable.

At Grossman Law Offices, our San Antonio drunken driving lawyer have been helping Texans accused of drunken driving offenses for more than 20 years, and we’ve developed a tried-and-true method for handling these situations. Before doing anything else, we’re going to want to meet with you somewhere that you are comfortable and listen to your side of the story in regard to your DWI arrest. We must insist all of our clients give us the truth to the best of their ability, or we won’t be able to plan the best possible legal strategy. A legal plan of attack based upon lies is like a skyscraper built out of spaghetti – very shaky. After learning your version of the facts, we’re going to want to meet with the prosecution during the discovery period and learn what evidence they have and what punishment they’re seeking against you. After meshing the prosecution’s evidence with your side of the story, we can make the decision of whether or not to work out a plea bargain or go to trial and begin devising the most effective plan of attack for delivering the best possible outcome. If we see chinks in the prosecution’s case, then we will opt to go to court and exploit those weaknesses in order to fight for a not guilty verdict. If the evidence is strong, then we will use our contacts in the Bexar County prosecutor’s office to work out a fair plea agreement. No matter how we decide to move forward with your case we will make sure that you understand how and why we’ve made our decision and are kept abreast of any developments in the case as they occur.

Learning About DWI and Other Drunken Driving Offenses

Since we’re now sure you have a basic understanding of the law and how we do business, we now want to help you understand more about laws, punishments, and investigative procedures inherent in DWI cases.

Even people who don’t drink alcohol at all know that it’s against the law for anyone to operate a motor vehicle in this country while legally intoxicated. Most people are even informed well enough that they believe “legally intoxicated” refers to anyone whose blood alcohol concentration (BAC) has risen above .08 percent. That belief is partially correct, but it doesn’t tell the whole story. When it comes to drunken driving, the state of Texas has two legal definitions, and the .08 percent BAC standard is one of them due to the fact that scientific studies have shown that this is the point where both judgment and physical acuity become impaired in most people. In Texas, someone is also considered legally intoxicated when he or she has lost “normal mental and physical abilities” as a result of over-consumption of alcohol.

While the .08 percent BAC standard is quite concrete, the second definition of intoxication allows for a considerable amount of argument. Through time, this standard has come to refer to the normal behavior of the specific driver in question and not to what should be normal for all drivers. Perhaps this standard leaves you wondering as to how a law enforcement agent can tell what should be normal for a driver whom he or she has just met and whether that person’s abilities are abnormally impaired by alcohol.

In response to that question, police officers know that there best chance for securing a conviction against a DWI suspect is to secure a failed BAC test of some sort, and very rarely will they be able to convince a jury of a drunken driver’s intoxication based solely on the testimony of the arresting officer. However, in Texas starting in September, lawmakers gave police officers extra incentive for securing a BAC test. The state of Texas created a new category of DWI called Extreme or Aggravated DWI specifically for anyone who has a BAC greater than .15 percent while behind the wheel, levying stiffer fines against them. The most harmful and hazardous drunken driving accidents tend to occur with severely drunken people at the wheel, so the Texas Legislature has attempted to curtail blackout drunken driving by attacking the wallets of the blackout drunken drivers. We will discuss how penalties for Extreme DWI differ from standard DWI later in this informational article.

Whether you have been charged with standard or Extreme DWI and failed a BAC test or declined to take one, our San Antonio DWI lawyers at Grossman Law Offices know how to be of assistance.

Texas’ Methods for Detecting Blood Alcohol Concentration

Like you probably already knew before Googling this article and you definitely know now, .08 percent BAC is the bar that has been set for legal intoxication in the state of Texas. Law enforcement agencies in this state have three methods they rely upon for measuring a suspect’s BAC:

• Grams of alcohol per 210 liters of breath.
• Grams of alcohol per 100 milliliters of blood.
• Grams of alcohol per 67 milliliters of urine.

No matter how smart you think you are, you’re a fool for attempting to track your own level of intoxication during a night of partying. Any type of BAC test is more accurate than attempting to track your level of intoxication using a hand-held conversion chart or your own intuition, but BAC tests aren’t always 100 percent accurate either. All BAC tests are derived from formulas that rely upon an average person’s body chemistry. The obvious predicament with that situation is that very few people actually have average body chemistry. When tested by one method, a person could be determined to be intoxicated only to be considered not drunk by another method. Also, police officers always have the option of arresting a suspected drunken driver based solely on the officer’s belief that the driver has lost his or her normal physical and mental abilities. No failed DWI test is necessary.

Why BAC Test Results are Often Questionable

The biggest problem with BAC testing is how accuracy can easily be thrown off target by the passage of time. Even when a driver agrees to a breathalyzer test along the side of the road, the test will not be given until nearly 45 minutes after the initial traffic stop in most cases. Drivers have the option of demanding a blood test, but that can’t be performed until the driver has been arrested and taken to the police station – often 90 minutes to two hours after the arrest. In order to prove a driver has committed DWI, the state must be able to prove he or she was drunk while behind the wheel. What does a BAC test taken 90 minutes after the fact prove?

While the suspected drunken driver may be unaware of what is going on his or her body as he or she awaits a BAC test, there’s a chemistry experiment occurring, as the driver’s body works the alcohol that has been consumed through his or her system. The speed at which this happens depends on a number of factors: the driver’s weight and body fat content, the amount of food consumed before and while drinking, the speed of the driver’s metabolism, the speed at which the alcohol was consumed, and the types of alcohol that were drunk. When too much time has passed between a traffic stop and a BAC test, the validity of the BAC test can be lost either in favor of the drunken driver or against him or her. We know this is a tad confusing, so let us try to clarify. Say someone has been out having a few beers with his or her buddies and just before hopping in the car to drive home, he or she downs a couple of shots. When the driver got behind the wheel and drove, he or she wasn’t legally intoxicated. However, an hour then passes by before a BAC test is conducted, allowing the driver to digest the shots and thus become legally intoxicated, resulting in a failed BAC test. On the contrary, say this person knew he or she was driving home after having several drinks, so before driving home, this person stopped drinking alcohol for an hour, switching to coffee. When stopped by a police officer, this person was legally intoxicated; however, the elapsed time before the BAC test permits the alcohol to work its way through the driver’s system. When the BAC test is given, the driver barely passes with a .07 percent.

If your arrest for any DWI offense was based upon a failed BAC test, then you need to discuss your case with a seasoned and knowledgeable San Antonio DWI attorney. Only someone who has dealt with many of these cases will know how to figure out if your BAC test was valid or questionable. At Grossman Law Offices, we will either get fishy BAC test results thrown out of court, or we will make certain the jury understands how and why the BAC test results should be ignored.

The Breathalyzer Test of Choice in Texas

Beyond any question, blood tests provide the most accurate BAC testing method, and the samples can be stored, allowing repeated re-testing to confirm the results if necessary. Sadly, no one has developed a safe and effective method of testing blood in the field. Therefore, law enforcement agencies in Texas and throughout the United States utilize breathalyzer tests as their only form of determining BAC at roadside.

In the state of Texas, law enforcement officers use a breathalyzer called the Intoxilyzer 5000, and it only adds to the concerns over BAC testing procedures. Using infrared light sensors to detect alcohol on the breath, the Intoxilyzer 5000 is based on computer technology that is 30 years old and frankly unfit for a video game, let alone a breathalyzer test that will have a lasting effect on the future of the driver. Even more mystifying, the manufacturer of the Intoxilyzer 5000 won’t ensure the machine’s findings, and the machine can only be tested by law enforcement officers.

In certain cases, the Intoxilyzer 5000 has been known to mistake harmless substances on the breath, like mouthwash, for alcohol, but the far more common problems presented by the machine is the way it relies upon common blood make-up and how this can negatively effect certain people. The Intoxilyzer 5000 measures BAC based upon a formula that uses the average blood to breath ratio in a normal human being of 2,100/1. Although, any given person’s blood to breath ratio could fluctuate as high as 3,100/1 or as low as 1,100/1. If you have an unusually high blood to breath ratio, then the Intoxilyzer 5000 will report your BAC level as incorrectly low. However, if you have an abnormally low blood to breath ratio, then your BAC will be reported by the Intoxilyzer 5000 as inordinately high, possibly leading to an unwarranted arrest.

At Grossman Law Offices, the aspect of the Intoxilyzer 5000 that really drives us up the wall is that it could be a much more reliable BAC measurement device if it were utilized to the full extent of its capabilities. The Intoxilyzer 5000 can store breath samples, allowing them to be saved until a much more accurate gas chromatography test can be conducted on the breath sample. However, the Texas Department of Public Safety neither requires the gas chromatography test to be conducted or the breath samples to be stored. Seemingly, Texas law enforcement would rather have convictions than justice.

While learning about the drawbacks of the Intoxilyzer 5000 is likely infuriating you at the moment, it’s actually somewhat good news for you if you stop to think about it. The sketchiness of the Intoxilyzer 5000 may enable our experienced San Antonio DWI attorneys to convince the jury to ignore the results of a failed DWI test given the right circumstances.

Which is the Better Option – Plea Bargain or Trial?

Just to reiterate, you must be honest with your attorney, or he or she will not be able to make the correct decisions about the most effective way to resolve your case. If the state has compiled rock-solid evidence, leaving you with little to say in your defense, then a plea bargain is definitely in order. However, if the police officer lacked proper rationale for pulling you over, or violated your rights in any way during the traffic stop or arrest, or simply didn’t collect enough evidence or strong enough evidence, then we’ll want to go to trial. In rare cases, we’re even able to move for summary judgment when the state’s case is based upon nothing.

The good news for the public and the bad news for anyone charged with DWI in this state is that most Texas law enforcement officers follow long-established and rigid methods both for how to make a stop of a DWI suspect and how to gather evidence against that suspect once the stop is made. Police officers are expected to follow the protocol of their department and usually face reprimand when they do not. As soon as the office suspects someone of drunken driving, he or she begins rolling video of the suspect’s car through the on-board camera in the cruiser. Once the suspect has been pulled over, the police officer positions his or her car to capture the entire interaction with the suspected drunken driver. There is no he said, she said, since the whole interview is caught on tape. The officer will ask the driver standard questions. If the answers lead the office to believe the driver is intoxicated, then he or she will request the driver to take a field sobriety test like walking a straight line or reciting the alphabet backwards. Should the driver invoke his or her right to decline to take the field sobriety test or perform poorly on it, then the police officer can request a breathalyzer test. The driver can decline to do this test, as well, but he or she will have his or her driver’s license revoked immediately and be placed under arrest. If the driver takes the test and has a BAC below .08 percent, then he or she will be set free. On the other hand, a BAC over .08 percent will lead to the driver’s arrest. Granted, at Grossman Law Offices we know we can convince a jury to overlook a failed breathalyzer test, but we might not be able to achieve that end in every case.

If you’ve failed a breathalyzer, then you’re usually better off negotiating for a plea agreement. If, on the other hand, you insist upon going to trial and lose, then the prosecutor will offer you no leniency in sentencing. Reduced probation and deferred adjudication will definitely be off the table after you have wasted the court’s valuable time and money by insisting on a trial when you were blatantly guilty.

Texas DWI Penalties

The punishment brought down on a convicted DWI offender will be in accordance with the harm caused by the offense and the offender’s previous DWI history. However, these are all maximum punishments, and most drunken driving offenders are given probation as opposed to prison time. Regardless, here is a brief list of the different drunken driving violations and the corresponding possible consequences:

First-time DWI

If a driver is convicted of a DWI for the first time upon a BAC test that was under .15 percent, then he or she has committed a Class B misdemeanor punishable with a maximum fine of $2,000, prison time up to 180 days, and a driver’s license revocation of between 90 days and a year.

Extreme or Aggravated DWI

On the other hand, if a DWI offender scores a BAC test above .15 percent, then that crime is called Extreme or Aggravated DWI in Texas and is more akin to a second DWI conviction, carrying a maximum jail sentence of two years and a fine of up to $4,000.

Second-time DWI

A second DWI conviction within 10 years is also a Class A misdemeanor with the exact same punishments as Extreme DWI.

Third-time DWI

When a repeat offender fails to learn his or her lesson after the first two convictions, a third DWI conviction becomes a very serious matter. Classified as a 3rd-degree felony, a third DWI carries a maximum prison sentence of 10 years, a fine as high as $10,000 and a mandatory driver’s license suspension of two years.

Open Containers

Driving with an open container holding any alcohol when charged with a DWI only adds more punishment to the one that will already be assessed by the court for the DWI – an additional six days in jail and an additional fine as high as $2,000.

Driver’s License Surcharges

If you thought the fines were done after the ones mandated by the court, you’re wrong if you plan on driving again. In order to provide further incentive against repeat DWI offenders, anyone who loses his or her driver’s license due to a DWI conviction is compelled to pay a surcharge for three years in order to reinstate the driver’s license. For a DWI with a BAC between .08-.15 percent, this surcharge is $1,000 per year for a first offense, $1,500 per year for a second conviction, and $2,000 per year for a third conviction. However, if the convicted DWI offender committed Extreme DWI, then the surcharges double for each of the three years. Additionally, if a drunken driver’s license suspensions overlap during a three-year period, then he or she must pay the fines concurrently. In other words, some irresponsible drunken drivers will pay over $5,000 per year to retain the right to drive, and it’s possible to owe a surcharge as high as $9,000.

Intoxication Assault

As we’ve mentioned, DWI punishments are designed in accordance with the harm done by the drunken driver. Thus, if someone is convicted of injuring another party while drunk, what is known as intoxication assault, then that’s a 3rd-degree felony, carrying a possible prison sentence of 10 years, and a fine up to $10,000. What’s more, with intoxication assault, the offender must spend at least 30 days in jail. In cases of intoxication assault with a deadly weapon, no probation is permitted.

Intoxication Manslaughter

When someone is killed in a drunken driving accident, what is known as intoxication manslaughter, then that’s the only drunken driving offense that is more severe than intoxication assault and thus carries a stiffer penalty. A second degree felony, intoxication manslaughter carries a maximum prison sentence of 20 years and a maximum fine of $10,000. Just like intoxication assault, some prison time is mandatory, and anyone convicted of intoxication manslaughter must spend at least 180 days in jail.

Community Supervision

Excluding intoxication assault and intoxication manslaughter, most convicted drunken driving offenders will be permitted to go on probation as opposed to going to jail.

Only a fool would prefer prison to probation, but that doesn’t mean probation is a walk in the park. You will be told to report to the probation officer whom you’ve been assigned, and you will be expected to report on a monthly basis, making a payment of $50 every month. However, after you build up trust with your probation officer, you may be permitted to report by mail, but that possibility will be up to the particular probation officer you have been assigned. The purpose of these monthly meetings is so that the probation officer can confirm that you are complying with all of the terms of your probation, including: cessation of drinking alcohol and spending time in drinking establishments or with friends who engage in drunken behavior, refraining from breaking the law, maintaining continued employment, attending required DWI awareness class, fulfilling all community service obligations, and paying all fines as scheduled. You may also be required to take drug and alcohol tests – particularly if your DWI involved drug usage. If you violate any terms of your probation, then you could be sent to jail to fulfill your entire sentence.

When a DWI offender has been arrested (not convicted but arrested) for a second or third DWI in a 10-year period or for a first intoxication assault or intoxication manslaughter charge, then an interlock device will be mounted on his or her ignition. This device requires the driver to blow into it and have his or her BAC measured before the car will start. If there is no alcohol on the driver’s breath, then the car will start. If there is alcohol on the driver’s breath, then the car will lock down and not start for two hours. Moreover, the driver’s probation officer will be contacted about the failed interlock device test. When a driver adheres to the conditions of probation and refrains from drinking, interlock devices are still an embarrassing nuisance when noticed by co-workers and dates.

Only in the rarest of instances can drunken driving offenses be removed completely from someone’s legal record through an expunction. Even when a drunken driving offense can be expunged, it cannot be removed from the driver’s license record for 10 more years, causing insurance rates to be inflated for the next decade.

Perhaps now you understand why you need the help of a skilled and seasoned San Antonio DWI lawyer if you have been charged with any form of a drunken driving offense. Our attorneys at Grossman Law Offices have spent more than 20 years helping Texans fight allegations of drunken driving, so we’re prepared to handle whatever DWI situation you have found yourself in. We always want to work for an acquittal, but if that is simply impossible then we will do whatever we can to limit the negative consequences suffered by our clients.

Minors Under 21 DUI & DWI

Alcohol-related laws differ from mainstream American law in the nature of who is considered to be a minor. When it comes to most laws in this country, minors are anyone under the age of 18. However, the legal drinking age is 21, so a minor when it comes to drunken driving laws is anyone 20 or younger. Since everyone of that age is prohibited from drinking alcohol, they cannot operate a moving vehicle after having consumed any alcohol, or they are guilty of another drunken driving offense known as Driving Under the Influence (DUI). This can be a tad confusing to out-of-staters, for most other states refer to what Texans call DWI as DUI. DUI penalties are not as harsh as DWI punishments, but you will still need the assistance of an experienced San Antonio DWI attorney to secure the best possible resolution.

When stopped for suspicion of drunken driving, a minor has the same rights as an adult; even if, he or she doesn’t enjoy the right to drink alcohol. Field sobriety tests and breathalyzer tests can both be refused, but this will result in the minor being arrested and losing his or her driver’s license for 120 days for first DUI and 240 days for a second. In contrast, a teen who fails a BAC test for a first-time DUI will only lose his or her license for 60 days. Thus, it’s probably a good idea to relent to a breathalyzer test for a first offense. For a second offense, this isn’t the case, and a minor can lose his or her license for a year for failing a breathalyzer. It’s also important to remember that a minor is guilty of a DUI if a BAC test detects any alcohol in his or her system. Thus, it’s much harder to argue that the BAC test was inaccurate, and the amount of time needed to work all of the alcohol out of the minor’s system is too long to help.

When the court determines that a minor has a serious drinking or drug problem, then that minor can be barred from getting a driver’s license or have his or her driver’s license revoked until his or her 21st birthday.

Minors are not merely limited to DUIs, but they can also be charged with DWI when their BAC exceeds .08 percent or Extreme DWI when their BAC is higher than .15 percent. When those minors are 17 or older, they will be tried as adults, and if they’re under 17, then they can be shipped off to juvenile detention.

• First-time DUI - When a minor receives a DUI for the first time, it’s only a Class C misdemeanor, but it’s a major hassle for the whole family. The minor will lose his or her license and then be forced to perform 20-40 hours of community service and attend a 15-hour alcohol awareness class. Moreover, the child’s parents must attend every court session and may also be required to go to the alcohol awareness classes. There is one benefit to a first-time DUI – it can be expunged after the minor completes a required deferred adjudication and reaches his or her 21st birthday. In fact, this is the only drunken driving offense that can be completely expunged from the driver’s record.

• Second-time DUI - There are only three differences between and first and second DUI – the length of the driver’s license suspension, the increase in community service hours to 60, and the fact that expunction is no longer an option even though deferred adjudication is still allowed.

• Third-time DUI - When a minor is over 17 and convicted of a third DUI, then it’s basically akin to an adult who has been convicted of his or her first DWI. It’s a Class B misdemeanor punishable with up to 180 days in jail and a fine between $500-$2,000.

  Let’s face it, you wouldn’t be reading this if you or your teenager hadn’t already done something regrettable. Don’t create more of a problem by attempting to handle your own case or turning to an attorney who lacks the experience needed to get the job done. Find a competent and trustworthy San Antonio DWI attorney like those at Grossman Law Offices who is just as comfortable with the machinations of the Bexar County courts as with the DWI laws themselves.

• Texas DWI and Child Endangerment - When parents have had too much to drink, their children simply don’t have the option of deciding they’re not going to get into the car with their elders. To protect children who cannot look out for themselves, the state of Texas has created a separate DWI offense to deal with this problem – DWI with a minor in the vehicle, which treats this crime like a form of child endangerment. DWI with a minor is considered a state felony and comes with a possible fine of $10,000 and a prison term as long as two years. However, that punishment is only the tip of the iceberg for single parents, who could potentially lose custody of their children to an ex-wife or husband, the child’s grandparents, or even the state after a DWI with a minor in the vehicle conviction. Moreover, the chances are much greater that a police officer will arrest a suspected drunken driver without a BAC test when there are children in the car, for the officer will take extra measures to protect the safety of the children.

  When you face the prospect of losing your children, you can’t risk entrusting your case to anyone but the most competent San Antonio DWI attorney you can find. You need someone who knows the ins and outs of the Bexar County courts and DWI laws if you want to have a chance of getting the damning evidence excluded.

Your Rights in a Texas Drunken Driving Case

One of the rights you’ve been given in the Constitution is the freedom of speech, but just because you can say anything you’d like doesn’t mean that you should when you’ve been stopped under suspicion of DWI – just ask Mel Gibson. Remember, the police officer is just trying to make our roads safer, so the best bet is to be polite. In all likelihood, you will be asked to step out of your car and answer some questions about whether or not you’ve been drinking. You can remain silent and refuse to answer, but that will probably only make the officer more determined to arrest you and will make you look anything but sober on the video. If the officer feels that you may be drunk, he or she will then ask you to perform a field sobriety test. Since the definition of intoxication involves the loss of “normal physical and mental abilities,” you have every right to refuse to do a field sobriety test that you would not be able to pass under normal circumstances. For example, if you have a wandering eye, then you will not pass a nystagmus test that requires you to follow a light with your eyes.

However, if you repeatedly refuse field sobriety tests, then you need to remember how this is going to make you look on the video that’s being shot – guilty. Furthermore, the office will only eventually request that you take a breathalyzer test. As we’ve already mentioned, you can decline to take this test just like the field sobriety test, but you will have your license revoked and be arrested. Of course, once you arrive at the police station, you may demand a blood test. Of this test proves you were not intoxicated, then you can get your license reinstated later. In most instances that a driver refuses a breathalyzer, the arresting officer will also attempt to obtain a search warrant to extract blood against the driver’s will. However, since most DWI arrests occur late at night, this isn’t always possible.

In Bexar County, however, the rules have changed regarding the unwilling extraction of blood for the purposes of testing in response to rising DWI rates on weekends. Starting with Labor Day weekend 2011, the Bexar County district attorney’s office announced that officer’s now have pre-authorized search warrants to extract blood for BAC testing on every weekend. All the officer needs to do is fill in the blank with the driver’s name. This is very important for drunken drivers who have been taking drugs to note, for a breathalyzer won’t provide proof of that drug usage but a blood test will.

Whenever you’ve failed a BAC test or declined to take one, you will need the help of knowledgeable and trial-tested San Antonio drunken driving attorney. Our attorneys at Grossman Law Offices have been dealing with these cases for decades, and we know how to evaluate the details of your BAC test to see if there is sufficient reason to challenge those results.

Some Additional Information on Intoxication Assault and Intoxication Manslaughter Charges

There’s some other facts you need to know about intoxication assault and intoxication manslaughter charges. Regardless of whether or not the crime happens on a weekend, the suspected drunken driver who allegedly commits one of these crimes will have his or her blood taken against his or her will. In order to prove the case against you, the prosecution’s standard of proof is cut and dry. They don’t have to prove malicious intent but only the fact that the driver was intoxicated and injured or killed another person. Furthermore, your average juror is going to have considerable prejudice against someone who has been accused of committing such a horrifying act. If convicted, the consequences are dire indeed – as much as 20 years in prison and a fine of $10,000.

When it comes to any drunken driving charge, it’s seldom a good idea for someone to attempt to represent him or herself, but for a charge of intoxication assault or intoxication manslaughter, doing so borders on insanity unless you want to spend the next decade behind bars. You need a skilled and successful San Antonio DWI attorney protecting your rights.

ALR Hearing After Your License is Suspended

If your driver’s license has been revoked after you have refused a breathalyzer test, that doesn’t mean you will be 100 percent assured that you’re not driving for the next six months. The officer who revokes your license will issue you a 40-day temporary license while the issue of your license revocation is resolved.

Once your license has been revoked, you will be notified by mail either by the local jurisdiction or by the DPS. Upon your receipt of that notice, your lawyer has 15 days to request an Administrative License Revocation Hearing (or ALR Hearing) to challenge the license suspension.

In most cases, the 40-day provisional license will subside before the ALR Hearing can be scheduled. However, don’t worry, the license automatically extend until that hearing can be held. If your lawyer can win the ALR Hearing, then your license will be immediately reinstated without surcharges. If you lose the ALR Hearing, on the contrary, your lawyer has 30 days to file an appeal, and you then extend the provision license for another 90 days. If you can win your DWI trial, then the driver’s license suspension is also lifted.

If your license has been revoked due a drunken driving situation, don’t assume the worst. Pick up the phone and call Grossman Law Offices, because we might be able to get that license back in your wallet.

Occupational Driver’s Licenses

Even once you lose an ALR Hearing, it doesn’t mean you’re going to spend a great deal of the next six months waiting at bus stops or calling for cabs. The state of Texas understands that people have got to get to work and provide for their children and families. In a place like San Antonio where public transportation is less than adequate, you simply can’t accomplish these things without a car. Therefore, even when your license has been revoked, you may still apply for an Occupational Driver’s License (ODL). While an ODL allows the driver to get to essential locations, they’re also very expensive to obtain and come with many restrictions. In order to drive on an ODL, the driver can only go to pre-approved locations, and then he or she must detail all trips in a travel log, recording the date, the time of departure, the intended destination, the miles driven, and the time of return.

Obtaining an ODL isn’t simple either. Every court has a unique form for requesting an ODL, and it must be filled out properly, detailing all of the intended driving destinations, or the ODL will not be granted. You want the guidance of a skilled and seasoned San Antonio DWI attorney to get behind the wheel again.

Public Intoxication Differs Dramatically from DWI

Not only is public intoxication (PI) completely different from DWI, but the two crimes actually define the word “intoxication” differently. The PI definition differs from the DWI definition that we’ve already discussed in that in order to arrest a suspect for PI, a police officer merely needs to think that the person has become so drunk as to present a hazard to him or herself and others.

We’ve already told you about the time-tested procedures that law enforcement agencies have for collecting evidence in DWI cases, but there is no such established plan when someone is suspected of PI. Charges are only filed based upon the police officer’s judgment.

Since the danger presented by PI offenders is so much less than that of someone drunken driving, the penalties assessed to PI offenders is much less than for a DWI offense. PI is only a Class C misdemeanor that threatens no jail time – just a $500 fine. Unless you’ve been wrongfully accused and want to challenge the charge, you won’t need a lawyer to pay your fine. Drunken driving allegations, on the other hand, demand the attention of skilled San Antonio drunken driving attorney.

Your Rights When Stopped for Suspicion of Drunken Driving

Of course you have rights when be questioned by a police officer for suspected DWI, but you must keep in mind that driving is a privilege and not a right. Thus, when you use your right to not take a breathalyzer test, the state can use its right to revoke your driving privileges. If you stop and think, there’s a simple logical explanation for this. Every drunk driver would refuse a breathalyzer test if there were no consequences for doing so. On the other hand, the laws in this state not only punish those who refuse BAC tests, but it also permits that refusal to be used as evidence in court. When you consider the shortened driver’s license suspension for a failed BAC test as opposed to a declined one, then it’s probably just a good idea to agree to take the breathalyzer.

Whatever option you pursue, you should always remain and polite and as normal as possible, because everything you do is being captured on the not-so-candid camera in the officer’s patrol car. While the appearance of intoxication could doom your case, the appearance of sobriety could be very helpful.

Don’t make the mistake of demanding an attorney, thinking you have this right due to all of the times you’ve seen the Miranda rights read on TV. That’s only when facing criminal interrogation. The only Miranda right you enjoy in a traffic stop is “the right to remain silent.”

Grossman Law Offices Knows How to Help You

At Grossman Law Offices, our San Antonio DWI attorneys have helped hundreds of Texans who’ve been caught up in drunken driving charges, so we know what to do to help you. We have the necessary experience both with drunken driving charges and laws and also with the unique practices and procedures of the Bexar County courts. We’ve seen virtually every conceivable circumstance with these cases, so we know what to do.

While other firms are interested in getting your money, we’re interested in helping you get out of trouble with the full brunt of our experience, resources, and knowledge. Whether you are a drunken driver who injured another driver in a wreck, a minor who got caught behind the wheel after drinking one beer, a parent who got pulled over coming home from a party with the kids in the car, or someone who refused to take a breathalyzer test, we can help you. To find out what we can do for you, call us now for a free consultation at 1-855-427-0000 (toll free). We’re here to hear your story, let you know how we can be of assistance, and try to ease your worries by answering your questions. We’re here for you any time of day and night, so give us a call.