Boerne DWI Lawyers

A DWI arrest can put your freedom, driver’s license, career, finances, and future at risk almost immediately. At BRCK Criminal Defense Attorneys, our Boerne DWI lawyers defend people accused of driving while intoxicated throughout Kendall, Bandera, Gillespie, and Kerr Counties.

DWI cases often depend on evidence that can and should be examined closely. Our attorneys review why the officer stopped or contacted you, what the officer observed, how field sobriety tests were performed, whether breath or blood evidence was obtained properly, and whether the evidence actually supports the State’s accusation.

Being arrested for DWI does not mean you have been convicted. The State still has to prove its case.

Our attorneys investigate the evidence, identify weaknesses and legal issues, and fight for the strongest resolution available under the circumstances.

Texas law generally prohibits operating a motor vehicle in a public place while intoxicated.

For DWI purposes, intoxication can mean having an alcohol concentration of 0.08 or higher. But prosecutors do not necessarily need a breath or blood result at or above 0.08 to pursue a case.

Texas law also defines intoxication as not having the normal use of mental or physical faculties because of alcohol, drugs, a combination of substances, or certain other substances.

That distinction matters.

The State may attempt to prove intoxication through:

• Breath or blood testing
• Field sobriety tests
• Officer observations
• Driving behavior
• Body-camera or dash-camera footage
• Statements made by the accused
• Witness testimony
• Other evidence surrounding the stop or arrest

A chemical-test result can be important evidence, but it does not automatically establish that the testing was reliable, properly administered, or legally obtained.

Every part of the investigation matters.

Many DWI cases begin with a traffic stop. Others may result from an accident, a disabled or parked vehicle, or another encounter with law enforcement.

After making contact, an officer may ask questions about alcohol consumption, look for alleged signs of intoxication, request field sobriety tests, and seek a breath or blood sample.

If an arrest follows, two separate problems may develop.

The criminal case

The State may rely on officer observations, video, field sobriety testing, chemical-test results, witness testimony, and other evidence in an attempt to prove DWI.

The defense can examine how that evidence was gathered and whether it supports the conclusions police and prosecutors have drawn from it.

The driver’s license case

A DWI arrest may also trigger an administrative driver’s license process separate from the criminal prosecution.

That means defending the DWI charge and protecting your ability to drive may require addressing two different proceedings.

One of the first questions many people ask after a DWI arrest is whether they will lose their driver’s license.

Texas uses an Administrative License Revocation process, commonly called ALR, that can result in a license suspension after certain DWI arrests involving a refusal or failure of alcohol testing.

An ALR hearing may be requested to challenge the administrative suspension, but the deadline to request one is short.

The ALR case is separate from the criminal DWI charge. The outcome of one does not automatically determine the outcome of the other.

If a suspension does take effect, an Occupational Driver License may be available to some eligible drivers. An ODL can allow authorized driving for essential purposes such as work, school, household responsibilities, and other approved needs.

Our attorneys evaluate both the criminal accusation and the driver’s license consequences so clients understand the issues they may need to address after a DWI arrest.

DWI cases often rely on evidence that may initially appear objective or scientific.

That does not mean the evidence should be accepted without examination.

The traffic stop

Police generally need a lawful reason to stop a vehicle. The defense may examine the officer’s stated reason for the stop and compare it with dash-camera footage, body-camera video, dispatch records, or other available evidence.

Officer observations

Police reports commonly refer to red or glassy eyes, an odor of alcohol, slurred speech, balance issues, or unusual behavior.

Those observations are not exclusive to intoxication. Fatigue, allergies, medications, injuries, nervousness, environmental conditions, and other factors can sometimes provide alternative explanations.

Field sobriety tests

Standardized field sobriety tests are intended to help officers investigate possible intoxication, but performance can be affected by numerous factors.

The defense may consider the surface where testing occurred, lighting, footwear, weather, age, injuries, medical conditions, nervousness, fatigue, the instructions given, and whether the officer administered the tests correctly.

Breath testing

Breath-test evidence depends on proper equipment, maintenance, calibration, observation procedures, and administration.

The number produced by a breath-testing device should be evaluated along with the process that produced it.

Blood testing

Blood evidence may raise questions involving the blood draw, storage, transportation, laboratory procedures, testing methodology, chain of custody, and interpretation of the final result.

Video evidence

Body-camera and dash-camera footage can be especially valuable because it allows the defense to compare the officer’s written description with what the recordings actually show.

A breath or blood result above 0.08 can make a DWI case feel impossible to fight.

It is still evidence, not a verdict.

The defense can examine whether the traffic stop and arrest were lawful, whether the sample was properly obtained, whether testing procedures were followed, whether the equipment or laboratory process was reliable, and whether the result accurately establishes intoxication at the time the person was allegedly driving.

Timing can also matter in blood cases.

A blood sample is generally taken after the alleged driving occurred, sometimes significantly later. Alcohol concentration can change over time, and prosecutors may attempt to use scientific evidence to connect a later result to an earlier point.

A number alone does not answer every question in a DWI case.

There is no single defense that applies to every DWI arrest.

The right strategy depends on the circumstances and evidence involved.

Potential issues can include:

• Lack of reasonable suspicion for the traffic stop
• Lack of probable cause for the arrest
• Field sobriety tests administered improperly
• Medical or physical conditions affecting test performance
• Video evidence that conflicts with the police report
• Problems with breath-testing equipment or procedures
• Blood-draw or laboratory issues
• Chain-of-custody problems
• Unlawful searches or seizures
• Questions about whether the accused actually operated the vehicle
• Evidence that does not establish intoxication beyond a reasonable doubt

A defense issue that is not apparent from the arrest paperwork may become significant once police reports, video, testing records, and other evidence are compared carefully.

The potential penalties for DWI depend on the circumstances of the case, including prior DWI convictions and certain aggravating factors.

First DWI

A first DWI is generally charged as a Class B misdemeanor. A conviction can involve jail exposure, fines, probation requirements, driver’s license consequences, alcohol education, and other court-ordered conditions.

An alleged alcohol concentration of 0.15 or higher can increase the severity of the charge.

Second DWI

A second DWI is generally a Class A misdemeanor and carries greater potential punishment than a first offense.

Third DWI

A third DWI can be prosecuted as a felony and can expose the accused to substantially more serious consequences.

DWI with a child passenger

Driving while intoxicated with a passenger younger than 15 can result in a separate felony offense.

Intoxication assault and intoxication manslaughter

When prosecutors allege that intoxicated driving caused serious bodily injury or death, charges can escalate to felony intoxication assault or intoxication manslaughter.

The greater the potential consequences, the more important it becomes to examine how the State built its case and what evidence can be challenged.

A DWI conviction can create consequences far beyond a temporary inability to drive.

Depending on the person and circumstances, it can potentially affect:

• Employment
• Professional licensing
• Commercial driving
• Security clearances
• Insurance costs
• Educational opportunities
• Future background checks
• Personal and professional reputation

For someone whose career depends on driving, maintaining a professional license, or passing background investigations, those consequences can be especially significant.

That is why our defense strategy considers not only the criminal accusation but also what is at stake in the client’s life.

DWI arrests arising in Boerne and other parts of Kendall County are handled through the local criminal court system.

The specific process depends on the charge, the circumstances of the arrest, and the court handling the case. Issues involving bond, discovery, driver’s license proceedings, pretrial motions, negotiations, and trial can develop differently from one case to another.

Local context matters, but the fundamental defense questions remain the same:

Was the stop lawful? Did the officer have probable cause? What does the video actually show? Were field sobriety tests administered properly? Can the breath or blood evidence be trusted? Can the State prove intoxication beyond a reasonable doubt?

Our attorneys evaluate those questions based on the evidence in the individual case.

BRCK represents people accused of DWI throughout the counties served by our Boerne office, including:

• Kendall County — including Boerne, Comfort, Fair Oaks Ranch, and surrounding communities
• Bandera County — including Bandera and surrounding communities
• Gillespie County — including Fredericksburg and surrounding communities
• Kerr County — including Kerrville and surrounding communities

Whether an arrest followed a traffic stop, accident, roadside investigation, or another encounter with police, the circumstances leading up to the arrest can become important to the defense.

Defending a DWI involves more than appearing in court and waiting for a plea offer.

Criminal Defense Is All We Do

BRCK focuses exclusively on criminal defense. DWI cases are a significant part of that work.

We Examine the Evidence

We look beyond the police report and evaluate video, field sobriety testing, breath or blood evidence, officer conduct, and the circumstances surrounding the stop and arrest.

We Consider Both the License and the Criminal Charge

A DWI arrest can create separate criminal and administrative problems. We help clients understand both and evaluate the available options.

We Prepare for Different Outcomes

Depending on the evidence, a case may involve efforts toward dismissal, evidentiary challenges, motions, negotiations, or trial. We do not assume that every DWI case should follow the same path.

We Work as a Team

Our attorneys and staff collaborate throughout the representation, bringing different experience and perspectives to the legal and factual issues involved.

Is a first DWI a felony in Texas?

Usually not. A first DWI is generally a Class B misdemeanor, although certain circumstances can increase the level of the charge. DWI with a child passenger, for example, can be prosecuted as a felony even without a prior DWI conviction.

Can I refuse a breath or blood test in Texas?

Texas implied-consent laws can create driver’s license consequences when someone refuses requested chemical testing after certain DWI arrests. Police may also seek a warrant for a blood draw in some circumstances. Whether the testing or refusal process was handled lawfully depends on the facts.

What happens if my BAC was over 0.08?

A result at or above 0.08 can be significant evidence, but it does not automatically determine the outcome of the case. The defense can still examine the traffic stop, arrest, testing procedures, timing, reliability of the result, and other evidence.

Can a DWI be dismissed in Boerne?

A dismissal may be possible depending on the evidence and legal issues involved, but no attorney can guarantee that result. Problems involving the stop, arrest, testing, video, witnesses, or other evidence may affect the State’s ability to prove the charge.

Will I lose my driver’s license after a DWI arrest?

Not necessarily. The answer depends on the circumstances of the arrest and chemical testing. An ALR hearing may be available to challenge an administrative suspension, and some eligible drivers may be able to obtain an Occupational Driver License if a suspension takes effect.

How quickly should I act after a DWI arrest?

Quickly. Driver’s license deadlines can arise soon after the arrest, and evidence should be identified and preserved as early as possible. Speaking with a DWI attorney early can help you understand both the criminal case and the license process.

Do I need a lawyer for a first DWI?

A first DWI can still create jail exposure, fines, probation requirements, driver’s license problems, a criminal record, and other consequences. An attorney can examine whether the stop, arrest, testing, and other evidence can be challenged and explain the options available.

Can I drive while my DWI case is pending?

Often, yes, depending on the status of your driver’s license and any bond conditions. If an administrative suspension takes effect, an Occupational Driver License may be available to eligible drivers. The criminal DWI prosecution and the administrative license proceeding are separate matters.

A DWI arrest can feel like the moment everything changed. It does not determine what happens next.

The traffic stop can be investigated. Police conduct can be challenged. Field sobriety testing can be examined. Breath and blood evidence can be scrutinized. Driver’s license options can be explored. And the State still carries the burden of proving the criminal accusation.

BRCK Criminal Defense Attorneys defends people facing DWI charges throughout Boerne, Kendall County, Bandera County, Gillespie County, and Kerr County. Our attorneys work to identify weaknesses in the evidence, protect our clients’ rights, and fight for the strongest resolution available under the circumstances.