Diaz Law Firm

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DWI Lawyer San Antonio, TX

Results Driven San Antonio DWI Attorneys

San Antonio DWI attorneys from Diaz Law Firm have helped countless residents reliably challenge, contest, and beat DWI, DUI and BWI cases in and around the greater Bexar County area.

Our core goal and focus is to get your charges dismissed or reduced.

Don’t let the prospect of a DWI conviction overturn your life. Call our firm today and speak with one of our talented, compassionate and experienced San Antonio DWI Lawyers today. Our team is standing by and eager to learn more about your case and how we can help.

Your initial DWI/DUI or BWI consultation is always FREE.

If you or a loved one are facing charges stemming from a DWI arrest, you need our help. Facing the aftermath of an arrest or charges can be a daunting experience for anyone to go through alone. You likely have fear, anxiety and questions about what’s next and how to proceed.

We can help get you the answers you need while standing in your corner as an aggressive advocate for your freedom and innocence. Take that first step and reach out to us today.

WARNING FOR THOSE IN BEXAR COUNTY: 15-DAY DEADLINE

Everything is bigger, and faster in Texas. If you were charged with a DWI in Bexar County you only have 15 days from the date of the arrest to file for an administrative hearing regarding the standing of your driver’s license. Failure to do so will result in the automatic suspension of your license.

Don’t let the clock run out on your right to drive. Call the San Antonio DWI Lawyers at Diaz Law Firm today and put us on the case. We’ll be there for you from start to finish, fighting tooth and nail for your rights at every stage of the process.

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DUI / DWI in San Antonio, TX FAQ

First time DUI offenses charged in the state of Texas are considered Class B misdemeanors. However, other aggravating factors can enhance the charge. 

Breakdown of Penalties for a First Time Offense

  • BAC under 0.15 – Class B Misdemeanor. Max fine of $2000, max jail sentence of 6 months, minimum jail stay of 72 hours. Conviction results in suspension of license for 3-12 months
  • BAC 0.15 or above – Class A Misdemeanor. Max fine of $6000, max jail sentence of 1-year. A conviction results in suspension of license for 6 months up to 2-years, and the conviction is part of your permanent criminal record.
  • DWI with Open Container – Having an open container in conjunction with a DWI is an “aggravating factor”. This crime is considered a Class B Misdemeanor. However, the minimum jail time is 6 days. 
  • DWI with a Child Passenger – State felony charge. A maximum fine of $10,000. Maximum jail sentence of 2 years. Suspension of license. Convicted felon for life.

Although every situation is unique, first-time offenders without any other aggravating circumstances, additional charges, or criminal history typically won’t face jail time.

  • Class A misdemeanor. Jail time ranging from 30-days up to 1-year. Mandatory minimum 3-day stay in jail. Fines up to $4000. Suspension of drivers license for 6 months up to two years. 
  • Installation of an Ignition Interlock Device is a mandatory requirement of bond
  • Prior convictions (even those out of state) can be used for enhancement
  • Third Degree Felony. Jail sentence of 2-10 years (minimum of 10 days). Fines up to $10,000. Suspension of license for 6 months up to 2 years. Minimum prison sentence increases with the number of convictions.
  • Installation of an Ignition Interlock Device is a mandatory requirement of release

At a minimum, a DWI conviction can cost you thousands of dollars. Fines can be as high as $6000+, not including court fees. Not to mention time missed from work, or the inability to work due to suspension of your license. Some employers may even opt to fire you over the offense. This is particularly true of any position that requires driving.

As a first-time offender, you will likely not be facing a felony charge. Typically, those with no prior criminal history, convictions or other associated charges with the arrest will be looking at a Class A or Class B misdemeanor. Felony DWIs in Texas are generally reserved for those facing a 3rd DWI.

In Texas, The Department of Public Safety is responsible for what is known as the Administrative License Revocation Program (ALR). Under Texas law, any person who is arrested for a DWI offense will automatically receive an “ALR Suspension” of their drivers license UNLESS the suspension is contested.

However, those arrested for a DWI only have fifteen (15) days from the post date of the arrest to request an ALR hearing. Failure to do so will result in a guaranteed suspension of your license.

Our firm can schedule and represent you and your case at this hearing, doing everything we can to preserve your license at this stage and ensuring you retain the right to drive.

The primary goal is always to get your charges dropped, the case dismissed, and to avoid a trial. However, when that course is no longer an option, our firm works to seek out other legal remedies that are in your best interest. DWI Probation is one alternative legal remedy.

In order to apply for DWI Probation, these steps must be followed. Prior to entering a plea, and before any proceeding of a trial begins, defendants facing DWI charges are provided with the opportunity to apply for probation. If granted, the charged individual will be granted the opportunity to serve out their penalty under “community supervision” as opposed to the confinements of jail. The maximum probation period for a misdemeanor DWI in San Antonio is 24-months. For those facing felony DWI charges, this maximum period extends to 10 years.

No. You are required by law to serve out the entire designated period of community supervision.

 

No. As part of the terms of Community Supervision, you will be drug tested for alcohol and other substances.

 

Failure to comply with the terms of your probation can trigger the state to issue a Motion to Revoke Probation (MTR). This motion initiates a warrant for your arrest, requiring you to appear before a judge and potentially face increased penalties such as confinement (jail) and/or extended periods of community supervision.

 

This is a special type of probation, allowing the person charged with a DWI to avoid a trial and the possibility of a conviction. A plea of “no contest” or “guilty” must be entered, as well as a waiver of rights to a trial. In exchange for this, the State of Texas grants a path to a dismissal of the charges. The end result is typically community supervision, and upon successful completion, the case is dismissed with no final conviction going on your record.

Already have a DWI conviction? Don’t let your past haunt you for a lifetime. Our firm may be able to help you obtain a nondisclosure or expungement for your past DWI conviction. An expunction effectively deletes every record of the case ever having existed, allowing you to legally say you have never been convicted of a DWI. Alternatively, a non-disclosure means that no party can disclose that you were convicted.

Why Hire a Top-Rated DWI Lawyer From Manuel Diaz Law Firm ?

Award-Winning San Antonio DWI Attorneys

Our firm has earned the respect of the San Antonio legal community, having established a demonstrated track record of success, client satisfaction and a passion for justice. Our awards include The National Trial Lawyers Top 100 Award and Attorney and Practice Magazine’s Criminal Defense Attorney Top 10 2020.

Respectful and Timely Communication

With Manuel Diaz Law Firm, you’ll always know you can get in touch with someone on our team. We have strict communication policies like 24/7 phone service, next day returned phone calls and immediate action in your case. Our friendly legal staff are standing by and ready to answer any questions you have about your case, the next steps and what to expect.

Individualized Attention and Support

To us, you’re not just another number on a court docket. You are a valued client and a member of our extended family who deserves our full attention and respect. We know firsthand how difficult dealing with criminal charges can be. We’re here to support you and your family through what is likely one of the most difficult and stressful times in your life.

Aggressive Defense Strategies

Decades of experience in law have provided us with deep insight into the strategies and tactics employed by local San Antonio district attorneys and law enforcement. We leverage this knowledge to develop aggressive defense strategies that put you in the best position for a positive outcome. Our goal is always to provide a satisfactory conclusion to your case, and that requires an individualized approach.

Contact Our San Antonio Office For A Free Consultation

We proudly serve the greater San Antonio metropolitan area

5835 Callaghan, Suite 301,
San Antonio, TX 78228

Monday through Friday from 8:30 am to 5:30 pm

San Antonio DUI Lawyers – get the representation and justice you deserve

Even as a first offense, a DWI can have significant and lasting consequences for those charged and convicted. The process of dealing with a DWI can be fast, complicated and stressful. With the stakes this high, it’s important that you have a team on your side fighting to prevent suspension of your license, to stand up for your rights, and to explore every possible avenue of avoiding a conviction.

It is a common misconception among those charged with a San Antonio DWI that they cannot fight it in court. Our team wants you to know that there are a number of legal strategies, tactics and paths we can help you explore as defenses.

Our firm has helped countless individuals face DUI and DWI charges in the great state of Texas. We know what it takes to get charges dropped, reduced or dismissed. Hire us today and put our years of experience and demonstrated track record of positive client outcomes to work for you.

With the right legal counsel and an aggressive defense, you can take comfort in knowing that your case is in the most capable of legal hands. Call or message our office today for a free, no-obligation initial consultation.

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