DWI 1st Offense in San Antonio

DWI first is a misdemeanor offense in Texas. Everyone arrested for DWI in San Antonio will face prosecution for a Class A or B misdemeanor, depending on their blood alcohol concentration (BAC). A first-time DWI charge becomes a felony if young children were in the vehicle, or if there was an accident and someone was seriously injured. 

• What is the penalty for DWI 1st in San Antonio?A first-time DWI charge in San Antonio is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense is permanent, and results in a Texas driver’s license suspension. Learn more. 

• What is DWI .15 or higher?A first-time DWI charge in San Antonio where a person has a BAC of .15 or higher is a Class A misdemeanor. The maximum fine is $6,000.00. The maximum punishment is 1 year in the Bexar county jail. A conviction for DWI .15+ is permanent, and results in a Texas driver’s license suspension. Learn more. 

WHAT TO DO AFTER SAN ANTONIO DWI ARREST?

Many people arrested for a first-time DWI in San Antonio have never been arrested before. After release from the Bexar county jail, it’s important to make a plan and take action. The first steps are getting your property back, securing your driver’s license and privileges, and hiring an experienced San Antonio DWI lawyer. Learn more.

• What happens after you get first DWI in San Antonio?After a first-time DWI arrest, the Texas Department of Public Safety takes action to suspend your driving privileges, and the Bexar County District Attorney begins working to convict and punish you for the DWI charge. Learn more.
  
  

• What are the chances of first DWI dismissal?DWI charges are dismissed everyday in courtrooms across Texas. Charges are not dismissed through goodwill or luck, rather they are dismissed because a powerful defense forced the State prosecutors to dismiss the charge. Challenging evidence is a critical part of obtaining a dismissal. Learn more.
  
  

• How do you get out of a San Antonio DWI charge?Getting out of a DWI charge requires challenging the State’s evidence, applying relevant Texas law, and relentlessly looking for an opportunity to leverage a State weakness or error into a defense advantage. Learn more.
  
  
  
  Retaining the best San Antonio DWI lawyer puts you in the strongest position possible to obtain a dismissal or reduction. Experienced advocates are the foundation to a high-powered defense. Learn more.

• What to do if you get a DWI 1st in San Antonio?The very first step to take after getting a DWI 1st charge in San Antonio is to contact a San Antonio DUI lawyer. While there are many attorneys in San Antonio, very few have a practice that focuses on DWI charges. Learn more.

HOW LONG DO YOU STAY IN JAIL FOR DWI IN SAN ANTONIO?

The average time in the Bexar county jail for a first-time DWI charge is 18-24 hours. Magistrate judges will set a bond for release or approve a personal recognizance (PR) bond.

• How much is bond for a San Antonio DWI first charge?Bexar county magistrates typically set bond at $5,000.00 or less for DWI first offenses.
  
  

• How much is bail for a DWI in Bexar county?Typically bail bond companies will charge 10% or less of whatever the bond amount is. It usually costs less than $1,000.00 to pay a Bexar county bail bond company to post bond for a first-time DWI charge. Learn more.

WHAT ARE PENALTIES FOR DWI 1st IN SAN ANTONIO?

In addition to a permanent criminal conviction and jail time, DWI negatively impacts student financial aid and college admissions. DWI convictions also restrict a person’s right to bear arms and travel outside of Hays county. Driving privileges, especially those of commercial drivers, are subject to lengthy periods of suspension for DWI. Learn more.

• What are the penalties for a Bexar County misdemeanor DWI?All first-time DWI charges in San Antonio are Class B misdemeanors, though they can be enhanced by certain factors. DWI first-time offenders face jail time, permanent criminal convictions, thousands of dollars in fines, and a driver license suspension.
  
  

• What are the penalties for Class B DWI charge in San Antonio?DWI with a BAC below .15 is a Class B misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense is permanent, and results in a driver license suspension.

• What are the penalties for DWI .15+ charge in San Antonio?DWI with a BAC of .15 or higher is a Class A misdemeanor. The maximum fine is $6,000.00, and the maximum jail sentence is 12 months. A conviction for this offense is permanent, and results in a driver license suspension.

• What are the penalties for DWI with Open Container in San Antonio?DWI with an Open Container is a Class A or B misdemeanor, depending on the BAC, falling into the same punishment ranges as set forth above. However, a person convicted of this offense faces a minimum of 6 days in jail because of the Open Container enhancement. Learn more.

• What are the penalties for DWI with Child Passenger in Bexar County?DWI with a Child Passenger is a State Jail Felony. The maximum fine is $10,000.00, and the maximum period of confinement is 24 months in a State Jail Facility. A conviction for this offense is permanent, and results in a driver license suspension as well other serious, collateral consequences associated with being a convicted felon.

• What are the penalties for San Antonio DUI Charges?A first-time DUI charge in Texas is a Class C misdemeanor. The maximum fine is $500.00. A conviction for this offense is permanent and results in a driver’s license suspension. Defendants also face court-ordered drug and alcohol awareness classes, as well as community service, and driving safety courses. Learn more.

HOW LONG DOES IT TAKE TO GET A COURT DATE FOR DWI IN SAN ANTONIO?

Court dates for DWI first offenses in Bexar county are automatically generated during processing at the Bexar county jail. The first court date is approximately 30 days from the date of arrest.

• How long does a DWI case take in Bexar county courts?DWI cases take 8-10 months, on average, before a resolution is reached. There is no time limit imposed by law for how soon a case must be resolved.

• What happens if you refuse a DWI blood alcohol test in Bexar county?Bexar county is a no refusal jurisdiction. This means if you refuse to provide a breath or blood specimen, police will obtain a search warrant from a magistrate judge. After the warrant is signed, law enforcement will take blood, forcefully if necessary. Learn more.
  
  

• Is Texas a no refusal state?All drivers in Texas are required to provide a breath or blood specimen if requested by police. Not all jurisdictions will get a warrant for blood. In some jurisdictions and Texas counties, a refusal means the State will not have evidence of BAC.
  
  

• What is Texas Implied Consent Law?The Texas implied consent law requires Texas drivers to consent to one or more chemical tests to measure blood alcohol content (BAC) if an officer has probable cause to believe you are operating a vehicle while intoxicated. Refusing tests results in suspension of driving privileges. Learn more.

WHAT ARE DWI 1ST CONSEQUENCES IN SAN ANTONIO?

DWI first-offense penalties across Texas are severe. The consequences of a DWI in San Antonio are serious, and can be permanent. The Bexar County District Attorney seeks a conviction in every case. San Antonio prosecutors do not dismiss charges for first-time offenders. Everyone facing a DWI charge in Bexar county is facing jail time, loss of driving privileges and a permanent criminal conviction. Learn more.

• What is the punishment for 1st DWI in San Antonio?Punishment for a first DWI is either probation or jail time. There is no minimum probation period. The maximum period of probation for DWI 1st is 24 months. There is no minimum period of jail time, and 12 months is the maximum.
  
  
  
  The punishment a person receives is largely impacted by the representation they receive. A powerful defense can make the difference between a dismissal and a conviction, or probation instead of jail time. Learn more.

• Is a first DWI a felony in Bexar county?A first-time DWI charge is a misdemeanor offense, punishable by no more than 1 year in jail. However, aggravating factors like serious bodily injury or the presence of a child passenger under 15 years old can result in felony charges. Learn more.
  
  

• Is DWI in Texas a Class C Misdemeanor?DWI is not a Class C misdemeanor. In San Antonio, as elsewhere in Texas, DWI is either a Class A or B misdemeanor. However, after two convictions the third charge becomes a felony offense. 

HOW LIKELY IS JAIL TIME FOR FIRST DUI IN SAN ANTONIO?

First-time DWI charges in San Antonio can result in up to 1 year in jail or 2 years of probation. Everyone charged with DWI, even first-time offenders with no criminal history, face incarceration. The likelihood of jail is based on a number of factors, including the strength and experience of the defense. Learn more. 

• Can a first DWI in San Antonio be dismissed?DWI charges can be dismissed in San Antonio by challenging the State’s evidence at every level through a focused and dynamic defense. Learn more.
  
  

• Can you go to jail for first-time DWI in San Antonio?You can be sentenced to jail for up to 12 months for a first-time DWI in San Antonio.
  
  

• How long do you go to jail for DWI 1st?People charged with DWI in San Antonio can put themselves in the best position possible to avoid jail time by mounting a forceful defense against their charges. Learn more.
  
  

• What do you get for your first DWI in San Antonio?The single most important step after a DWI arrest in retaining counsel. DWI charges come with fast-moving deadlines that have real-life consequences. Learn more.

DO YOU GET PROBATION FOR FIRST DWI IN SAN ANTONIO?

Everyone charged with a first-time DWI in San Antonio is eligible to make an application for probation. Judges and juries have discretion when deciding whether or not to grant requests for probation when deciding punishment. Learn more. 

• Will I get probation for my first DUI?Probation is possible in all DWI cases. Jail time is possible as well. It’s critically important to put forward a powerful, comprehensive defense. Learn more.
  
  
  
  It is important to note that while DWI and DUI are used interchangeably, DUI is a different offense, only for minors in Texas. Learn more.
  
  

• Can you get deferred adjudication for DWI in San Antonio?Deferred adjudication is available in limited situations for first-time DWI offenders. Judges have sole discretion when granting deferred adjudication. Deferred adjudication guarantees a pathway to dismissal DWI charges. Learn more.
  
  

• What is pre-trial diversion for DWI?Pre-trial diversion (PTD) is a special program in Texas law that allows defendants a chance for dismissal without probation. The Bexar County District Attorney only offers PTD through the Bexar County Veterans Treatment Court Program. Learn more.

DO YOU LOSE YOUR LICENSE FOR FIRST DWI IN SAN ANTONIO?

The Texas Department of Public Safety (TxDPS) works to suspend the driving privileges of everyone charged with DWI. You can and should fight suspension. After a San Antonio DWI 1st arrest it is critical to request an Administrative License Revocation (ALR) hearing within 15 days.

• How do I get my license back after a DWI arrest in San Antonio?If your license card is confiscated, you may request a new license through the TxDPS website. If your license is suspended, you may be eligible for an Occupational Driver License. Learn more.

• What is ALR hearing for San Antonio DWI arrest?Everyone charged with DWI in San Antonio faces an automatic administrative license revocation (ALR). After an ALR suspension takes effect, it is illegal to drive. The suspension takes effect approximately 40 days from the date of arrest. The ALR hearing is the one and only chance to contest the suspension. Learn more.

CAN FIRST DWI CHARGE BE REDUCED IN SAN ANTONIO?

An enhanced DWI offense can be reduced. A first-time DWI charge may be elevated to a Class A misdemeanor or State Jail Felony. In San Antonio, the Bexar County District Attorney’s Office has the power to “waive” the enhancement, and proceed on lesser charge.

• Can DWI 1st be reduced to Obstruction of a Highway in San Antonio?Prior to September 2019, a person charged with DWI in San Antonio or anywhere in Texas was not eligible for deferred adjudication. As a work-around,  San Antonio DWI lawyers would construct plea bargains for offenses that were eligible for deferred adjudication, like Obstruction of a Highway or Reckless Driving.
  
  
  
  With the passage of Texas House Bill 3582, first-time DWI offenders are now eligible to apply for deferred adjudication. This has largely ended the practice of allowing defendants to plead to other charges like Obstruction of a Highway or Reckless Driving.

• Which is worse, DUI or DWI?DWI charges are significantly worse than DUI in San Antonio and across Texas. DWI charges, even for first-time offenders, carry very serious consequences. DUI, on the other hand, is a Class C misdemeanor for minors under 21 years old, and punishable by fine only. Learn more.
  
  

HOW MUCH IS DUI IN SAN ANTONIO?

Being charged with DWI is expensive. Being convicted can be financially devastating. It’s impossible to put a price on what it’s worth to avoid incarceration and the potential of a permanent criminal conviction. 

• DWI in San Antonio first offense cost?The maximum fine for a first DWI offense in Texas is $6,000.00. The total damage a permanent criminal conviction has on job opportunities and lost income is incalculable. Learn more. 

  An effective DWI lawyer can fight for dismissal and work to mitigate consequences, saving time and money, potentially preserving your career and reputation.

• How much is DWI first fine in Texas?The maximum fine for DWI first in Texas is $6,000.00. An effective DWI lawyer can fight for dismissal and work to mitigate consequences, saving time and money, potentially preserving your career and reputation. Learn more. 
• How much does a DWI lawyer cost?Good lawyers are expensive. Good lawyers are attentive to communication, detailed and focused with strategy, and often get the best results for their clients. Learn more.
  
  

• Do I need a lawyer for DWI in Texas?You need a DWI lawyer to protect your rights. Having the best legal representation can yield the best results in a criminal case. Experienced advocates are the foundation of a powerful defense. Learn more.

HOW LONG DOES DWI 1st STAY ON YOUR RECORD?

A conviction for DWI first in San Antonio will stay on your record forever. In Texas, arrest and disposition records are never automatically removed. There are two options to “clean up” the criminal record from a DWI arrest or conviction in San Antonio. Learn more.

• How to get a DUI off your record in San Antonio?Dismissed DWI charges may be deleted through the legal process of expunction. Charges not eligible for expunction may still qualify for an order of nondisclosure, which has the effect of sealing the record. Learn more.
  
  

• DWI charge dismissed in San AntonioDWI charges can be beaten in Bexar county. It is critical to take the additional step of expunging and deleting your record if your charge(s) have been dismissed. Learn more.
  
  

• How long does a DWI stay on your driving record?DWI charges stay on a person’s TxDPS driving history forever. In qualifying situations, the charge can be removed from the public record. Learn more. 

BEST DWI ATTORNEY IN SAN ANTONIO

Driving While Intoxicated is a serious charge. If you are facing a DWI in San Antonio, even as a first offense, the stakes are high. DWI charges impact driving privileges, employment, and your ability to travel. DWI is a criminal misdemeanor with a maximum punishment of one year in jail.

Outcomes matter when liberty and livelihood are on the line. You can’t win if you don’t fight, and you cannot fight alone.

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter is recognized as a Texas SuperLawyer, and distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.