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San Antonio DUI Attorney
A DUI in Texas is considered an offense for someone under 21 years of age who has any detectable amount of alcohol in their system. For drivers in Texas a .08 or above DWI can be given at any age. For a Texas DUI technically a sip of alcohol, with it still in the driver’s system, at the time of the stop can get a DUI charge.
It is important to contest DUI charges. Having one of these on a person’s record can cause all kinds of problems down the road. DUI charges can result in a ticket or an arrest for the driver. Unfortunately many times the officer does not give any field sobriety or breath testing that may help the driver prove their innocence. Which leaves a subjective opinion by the officer.
These particular cases will need to be kept off the driver’s record with a deferred disposition at the very worst.
San Antonio DWI Attorney
A DWI charge can be very inconvenient and embarrassing. People accused can and will get past that. Keep focused that it is just an accusation and not proven in court yet. Time is of the essence to hire qualified defense counsel to get started on these cases.
Evaluating every angle of a DWI case is critical in order to prepare for court. There are breath tests and blood tests with many DWI arrests. It is important to know what to look for in the BAC test as well as looking at the video to determine if the state can meet their burden of proof. The video is helpful but it is also crucial to take into account the driver’s anxiety and lack of experience practicing field sobriety tests. The officer does these exercises all the time. The typical driver does not.
Can I get my San Antonio DWI Dismissed?
There are a couple options to get a DWI in San Antonio dismissed. If within the correct criteria, a person with a DWI arrest can get pre-trial diversion. This allows the person to complete some requirements such as community service over the course of a certain amount of time. If after the time is up the person has completed the requirements without getting in trouble the case is dismissed.
Another option if pre trial diversion is not offered is deferred adjudication. On September 1, 2019 a new law passed allowing certain DWI offenses to qualify for deferred adjudication. This means after a successful probation period the case gets dismissed. This option is not as good as the pre-trial diversion because it does not allow for an expunction of the arrest once probation is completed. It can just be hidden from private employment background searches.
DUI and DWI Punishment
A DUI is a Class C misdemeanor with up to a $500 fine. DWI cases start at Class B misdemeanor and can be up to a 1st Degree Felony if enhanced from previous cases. A Class B DWI punishment can be up to 6 months in county jail and maximum of $2,000 fine. A DWI 2nd offense or a BAC of .15 or higher is a Class A misdemeanor with a possible year in jail and $4,000. A DWI 3rd offense is enhanced to a 3rd degree felony with a possible sentence of 2-10 years in prison and up to a $10,000 fine. With more prior convictions an enhancement to a higher felony range is possible.
WIth the passage of the new DWI state fines as of September 1, 2019, the financial burden has increased quite a bit on top of the usually possible court fine range. The extra fees can range from $3,000 to $6,000 in addition to fines and fees of the DWI case in court. It can be very expensive to be convicted of DWI.
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