DWI FAQ

Drunk driving cases are not as simple as prosecutors would have you believe. From the traffic stop to determining whether forensic evidence should be allowed in court, there are specific procedures that police and prosecutors must follow to secure a conviction.

At Hoelsccher Gebbia, PLLC, we know how to investigate DWI cases, and our San Antonio law firm has earned a reputation for holding police officers and district attorneys accountable.

To arrange a confidential consultation regarding your case, contact us today. We develop aggressive DWI/DUI defense strategies for clients throughout Bexar County.

Am I required to submit to a chemical test?

Texas has an implied consent statute. That means, in the eyes of the law, you have consented to a chemical test - either a breath test or a blood test - if you are arrested on suspicion of DWI.

However, you still have a statutory option to refuse alcohol testing. If you refuse, though, you face the possibility of having your driver's license suspended. Additionally, law enforcement officers in Bexar County have a "no refusal" policy for DWI arrests. If you refuse a breath test in Bexar County, the arresting officer will try to get a search warrant to obtain a blood sample for forensic testing.

Our overview of ALR hearings has more on how to protect your license after refusing a breath or blood test.

Is forensic alcohol testing always reliable?

No. As our firm has shown repeatedly in DWI cases, the results of breath tests and blood draws can be compromised in a variety of ways, including:

  • Defective Breathalyzers or Intoxilyzers
  • Poorly calibrated breath test machines
  • Lab errors in DWI blood testing

Uncovering these errors can be difficult if you don't know where to look, and it is crucial to put an experienced DWI defense attorney on your side to determine if errors in forensic alcohol testing should result in the reduction or dismissal of charges.

What are my options if I'm a first-time offender?

Aside from an investigation into whether police violated your rights in any way, your options may include a "Taking Responsibility" plea, which is available to qualifying individuals in Bexar County.

This kind of plea bargain may be an option if you meet the following criteria:

  • This is your first DWI arrest.
  • Your blood alcohol concentration (BAC) was shown to be less than 0.15.
  • You did not cause an accident or injuries.
  • You behaved politely toward police.
  • You agree to the "Taking Responsibility" plea within 90 days.

People who take this plea can receive deferred adjudication - a type of probation - and have their DWI dismissed. Our overview of the program provides more information.

Alternatively, you have the option of taking your case to trial, regardless of whether this is your first DWI arrest or your second or third. In any case, contact our law office to explore your full range of options.

Contact A Texas DWI Defense Lawyer

Schedule a confidential consultation today by calling 210-570-9902, or send us an email. The sooner you contact us, the sooner we can start protecting your rights.