San Antonio DWI Lawyers

A DWI arrest can create two problems almost immediately: a criminal case and a threat to your ability to drive. What happens next can affect your freedom, driver’s license, career, finances, and future long after the night of the arrest.

BRCK Criminal Defense Attorneys represents people accused of DWI in San Antonio and throughout Bexar, Comal, Guadalupe, and Medina Counties. We examine the entire investigation—from why the officer initiated the traffic stop to how field sobriety tests, breath tests, blood draws, and other evidence were obtained and interpreted.

An arrest is not proof of guilt. The State still has to prove its case, and DWI evidence is not beyond challenge.

Our San Antonio DWI lawyers look for those challenges and pursue every legitimate opportunity to protect our clients, fight the charge, and help them move forward with their lives.

Under Texas law, a person can be charged with Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated.

Importantly, “intoxicated” does not only mean having an alcohol concentration of 0.08 or higher. 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 means prosecutors may attempt to prove DWI in different ways.

A person can potentially face a DWI prosecution even without a breath or blood result at or above 0.08. Likewise, a chemical test result does not automatically establish that every aspect of the State’s case is reliable or legally admissible.

The evidence and circumstances surrounding the arrest matter.

A typical DWI case may begin with a traffic stop or an officer responding to an accident or parked vehicle. From there, an officer may look for what police reports commonly describe as signs of intoxication, ask questions about drinking, request field sobriety tests, and seek a breath or blood sample.

After an arrest, the case can move quickly.

Booking and Bond

Following arrest, a person may be booked into custody and brought before a magistrate. Bond and release conditions can depend on the allegations, criminal history, and other circumstances.

The Criminal Case

The State may use officer observations, body-camera footage, field sobriety testing, breath or blood analysis, witness testimony, and other evidence in an effort to prove intoxication.

The Driver’s License Issue

The driver’s license process is separate from the criminal prosecution. Depending on what occurred during chemical testing, Texas may seek an administrative suspension.

That means protecting your ability to drive can require action apart from defending the DWI itself.

One of the most immediate concerns after a DWI arrest is often: Am I going to lose my license?

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

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

The ALR proceeding is separate from the criminal DWI case. Challenging the suspension may also provide the defense with an opportunity to examine issues surrounding the stop and arrest.

But an ALR hearing is not the only way to address driving privileges.

If a suspension occurs, many eligible drivers can seek an Occupational Driver License (ODL) allowing them to drive for essential purposes during the suspension period. Depending on the circumstances, an ODL can provide a practical way for someone to continue driving legally for work, school, household responsibilities, and other authorized needs.

Our attorneys evaluate both the criminal case and the driver’s license consequences so clients understand the options available to them.

DWI prosecutions often depend on evidence that can appear scientific or objective. That does not mean it should simply be accepted at face value.

A defense investigation may examine several different categories of evidence.

The Traffic Stop

An officer generally needs a lawful basis to stop a vehicle. Body-camera and dash-camera footage can sometimes provide a more complete picture than the written police report.

Officer Observations

Police may describe red or glassy eyes, an odor of alcohol, slurred speech, balance problems, or unusual behavior. Those observations can have explanations unrelated to intoxication and should be considered in context.

Field Sobriety Tests

Officers commonly use standardized field sobriety tests as part of a DWI investigation. Conditions such as uneven pavement, footwear, weather, injuries, medical issues, nervousness, fatigue, instructions, and the way the tests were administered can all matter when evaluating the results.

Breath Testing

Breath-test evidence depends on equipment, procedures, maintenance, calibration, observation requirements, and proper administration. A number displayed by a machine should not end the investigation into how that number was produced.

Blood Testing

Blood evidence can involve questions about the draw, storage, transportation, laboratory procedures, testing methodology, chain of custody, and interpretation of the result.

Video Evidence

Body-camera and dash-camera recordings can be especially important because they allow the defense to compare what actually appears on video with what officers later wrote in their reports.

Many people assume that a breath or blood result over the legal limit means there is nothing to fight.

That is not necessarily true.

Chemical testing is one part of a larger case. The defense can examine whether police acted lawfully, whether testing procedures were followed, whether equipment and samples were handled appropriately, and whether the result reliably establishes intoxication at the relevant time.

Blood cases can also involve the time between driving and the blood draw. Alcohol concentration can change over time, and prosecutors may attempt to use scientific testimony or calculations to relate a later test result back to an earlier point.

The presence of a number does not eliminate the need to scrutinize how the evidence was obtained and what it actually proves.

There is no universal DWI defense. The right strategy depends on the facts and evidence in the individual case.

Potential defense issues can include:

• Lack of reasonable suspicion for the traffic stop
• Problems establishing probable cause for arrest
• Improperly administered field sobriety tests
• Physical or medical conditions affecting test performance
• Video evidence inconsistent with officer descriptions
• Problems with breath-testing procedures or equipment
• Blood-draw or laboratory issues
• Chain-of-custody problems
• Constitutional violations involving searches or seizures
• Questions about whether the accused was actually operating the vehicle
• Evidence that does not establish intoxication beyond a reasonable doubt

Sometimes the strongest issue becomes apparent only after the defense obtains and carefully compares the police reports, video, testing records, and other evidence.

The potential consequences of a DWI depend on factors including prior convictions, alcohol concentration, whether an accident occurred, and whether a child passenger was present.

First DWI

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

Certain circumstances can increase the severity of the charge, including an alleged alcohol concentration of 0.15 or greater.

Second DWI

A second DWI is generally a Class A misdemeanor and carries increased potential punishment.

Third DWI

A third DWI can be charged as a felony, exposing 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 charge.

Intoxication Assault and Intoxication Manslaughter

When an alleged intoxication-related incident causes serious bodily injury or death, prosecutors may pursue felony intoxication assault or intoxication manslaughter charges.

These cases demand careful investigation because the stakes are exceptionally high.

For many clients, the most serious consequences of a DWI are not limited to the statutory criminal penalties.

A conviction can potentially affect employment, professional licenses, security clearances, insurance costs, commercial driving, educational opportunities, and other areas of life.

For someone whose livelihood depends on driving, the consequences can be particularly disruptive.

That is one reason BRCK approaches a DWI case by looking beyond the next court setting. We want to understand what is at stake in the client’s life so that those concerns can be considered when developing the defense strategy.

San Antonio DWI cases are commonly handled through the Bexar County criminal court system.

Bexar County also operates a specialized DWI Court program designed for certain repeat DWI offenders. Like other specialty court programs, eligibility and participation depend on specific circumstances and requirements.

But most importantly, local procedures matter.

How a DWI moves through the court system, how evidence is obtained, how hearings are scheduled, and how particular legal issues arise can vary by jurisdiction. Our attorneys represent DWI clients in San Antonio and throughout the surrounding counties and understand the importance of approaching each case within the court system where it is actually being prosecuted.

BRCK represents people accused of DWI throughout:

• Bexar County — including San Antonio, Alamo Heights, Balcones Heights, Castle Hills, Converse, Helotes, Leon Valley, Live Oak, Schertz, Universal City, and surrounding communities.
• Comal County — including New Braunfels, Bulverde, Garden Ridge, and surrounding communities.
• Guadalupe County — including Seguin, Cibolo, Schertz, and surrounding communities.
• Medina County — including Castroville, Hondo, Devine, and surrounding communities.

Whether the arrest followed a traffic stop, an accident, a checkpoint-related encounter, or another police investigation, the details surrounding that encounter can become important to the defense.

DWI defense involves much more than showing up for court and negotiating a plea.

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 to body-camera footage, dash-camera video, field sobriety testing, breath or blood evidence, and the circumstances surrounding the stop and arrest.

We Consider the License and the Criminal Case

A DWI can involve separate criminal and administrative consequences. We help clients understand both.

We Prepare for Different Outcomes

Depending on the evidence, a case may involve dismissal efforts, evidentiary challenges, negotiations, motions, or trial. We evaluate the available options rather than assuming every DWI case should follow the same path.

We Work as a Team

Our attorneys and staff collaborate throughout the representation, bringing experience and different perspectives to the problems presented by the case.

Is a first DWI a felony in Texas?

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

Can I refuse a breath or blood test in Texas?

Texas has implied-consent laws that can create driver’s license consequences for refusing requested chemical testing following certain DWI arrests. Police may also seek a warrant for a blood draw in some circumstances. Whether a refusal or blood draw was handled lawfully depends on the facts of the case.

What happens if my BAC was over 0.08?

A result at or above 0.08 is significant evidence, but it does not automatically resolve the case. The defense can still examine the legality of the stop and arrest, testing procedures, reliability of the result, timing of the test, and other evidence.

Can a DWI be dismissed in San Antonio?

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

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 contest an administrative suspension, and eligible drivers who are suspended may be able to obtain an Occupational Driver License allowing authorized driving during the suspension period.

How quickly do I need to act after a DWI arrest?

Quickly. Driver’s license deadlines can arise shortly after the arrest, and evidence such as video or other records should be identified and preserved. Speaking with a DWI defense 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 result in a criminal record, jail exposure, fines, driver’s license issues, probation requirements, and collateral consequences. An attorney can evaluate whether the stop, arrest, testing, and evidence can be challenged and explain the available options.

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 case itself and the driver’s license proceeding are separate matters.

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

The evidence can be investigated. Police conduct can be challenged. Chemical testing 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 in San Antonio and throughout Bexar, Comal, Guadalupe, and Medina Counties. Our job is to understand what happened, identify what can be challenged, and fight for the strongest resolution available under the circumstances.