DWI Defense
DWI Defense Lawyer In San Antonio
One of the most serious driving offenses is that which we call drunk driving. In Texas we refer to it as DWI or Driving While Intoxicated, Bexar County DWI charges are taken very serious by District Attorney Susan Reed. As a former assistant District Attorney & now a dedicated DWI defense attorney in San Antonio I know the finer points of Texas DWI laws.
ARRESTED ON DRUNK DRIVING CHARGES?
If you have been arrested for driving while intoxicated (DWI) or if you are under 21 and have been arrested for driving under the influence of alcohol or drugs (DUI), you need an experienced lawyer on your side. You need someone who knows and understands the criminal justice system; someone who can explain your rights and then FIGHT for those rights.
Brent de la Paz knows both sides of the courtroom. As a former Assistant District Attorney he understands what the state must prove. He knows how the prosecution will present the facts and he knows when there’s a good case or a weak case.
24/7 DWI DEFENSE CONSULTATIONS
Keep in mind you don’t have to be drunk to get convicted of Driving While Intoxicated. For this reason & because a DWI charge is so serious an experienced DWI lawyer in San Antonio would never recommend you defense yourself. A drunk driving charge is so serious plus the complicated factual and legal issues that will arise during trial you should consider hiring a San Antonio attorney that specializes in DWI Defense!
YOU SHOULD BE VERY CAUTIOUS ABOUT DEFENDING YOURSELF AGAINST DRUNK DRIVING OR DWI CHARGE!
GETTING A DWI LAWYER IN SAN ANTONIO
As mentioned earlier, defending yourself against a drunk driving charge is not recommended. Once you’ve been released from jail and had a chance to evaluate your case you should think about getting a San Antonio DWI attorney to represent you, in addition to putting in a hearing request to the Texas Department of Motor Vehicles
WHAT TO PROTECT?
As you may already know, a DWI or drunk-driving charge can have very serious consequences for your future. If convicted of DWI, you may face:
- Jail time – 1ST Offense up to 180 days in jail; 2ND Offense up to one year in jail
- Fines – 1ST Offense up to $2000; 2ND Offense up to $4000
- License Suspension – 1ST Offense Up to one year; 2ND Offense up to two years
- Community Service Hours
- Monthly Supervisory/Probation fees
- Ignition Interlock installed in your vehicle
- Drug and/or Alcohol counseling
- Surcharge fees from the Department of Public safety up to $2000 per year for three years in order to avoid additional suspension of your driver’s license
- Possible increase on your driver’s insurance
- Possible loss of employment or denial of future employment
PLEA BARGAINING A BEXAR COUNTY DWI CHARGE
Plea bargaining is a process where a criminal defense attorney and prosecutor reach a compromise, then the defendant enters a gilty plea to a reduced charge or sometimes in exchange for the promise of a reduced fine or jail sentence.
Plea bargains in drunk driving cases, however are no longer as comon as they were many years ago. Although you may wish to conduct your own plea bargaining negotiations it is a good idea to hire an experienced DWI lawyer to do it for you. A prosecutor may not be as willing to enter into a plea bargain with an inexperienced defendant who might well do a poor job of representing himself.
Understand, an attorney in San Antonio have taken the time to educate themselves both as to the law and the nuacnces of bargaining. Don’t risk your future, call my office immediately and schedule your free DWI consultation.
KNOW YOUR RIGHTS - MOTION TO SUPPRESS EVIDENCE
If the police illegally arrested you and or obtained any evidence against you in an illegal manner, as your DWI attorney I may be able to schedule a special pretrial hearing to suppress certain evidence. The prosecution is then prevented from using it at trial.
A motion to suppress is heard several weeks before the trial actually takes place. It is heard only before a judge, perhaps one who will not be presiding at your trial. This type of motion is fairly technical and complicated and will probably involve cross examining the officer who arrested you.
The Breath Test – Never give a breath sample. The police need evidence from you in order to give to the District or County Attorney. This is part of the evidence used against you. You can say no. Upon refusal your license may be suspended for up to 180 days, but upon conviction your license may be suspended up to one year more.
NHTSA CERTIFIED STANDARD FIELD SOBRIETY TEST PRACTITIONER
The Field Sobriety Tests – Everyone has seen these done on TV. The HGN (or pen) test, The walk and turn (or walk the invisible line) test, and the One Leg Stand test. There are a number of reasons why you are not a good candidate for these tests or are not instructed properly which will be used against you. DO NOT TAKE THESE TEST!!!
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1st DWI and BWI
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90 to 365 days
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2nd DWI and BWI
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180 days to 2 years
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3rd DWI and BWI
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180 days to 2 years
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Intoxication Assault
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180 days to 2 years
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Intoxication Manslaughter
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180 days to 2 years
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DWI with child passenger
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90 days to 2 years
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1st DWI with Open Container Enhancement
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90 days to 365 days
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OCCUPATIONAL LICENSES
If you license is suspended as a result of a refusal to submit to a breath test or a failed breath test there are options. An occupational license is a permit granted by a judge that allows travel for employment or educational purposes. To find out more about these licenses please contact our office.
Schedule Your Free DWI Defense Consultation Now!
I am criminal defense attorney Brent De La Paz. I left the District Attorney’s office and opened the Law Office of Brent De La Paz. Now, my only focus is using my experience and unique perspective on criminal law to protect the futures of people charged with DWI, Juvenile DUI, intoxication manslaughter and all other alcohol related offenses. To speak with an experienced aggressive drunk driving defense lawyer, call my office at (210) 568-7499
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214 Dwyer Avenue San Antonio, TX, 78204 USA
info@delapazlawfirm.com • (210)858-5132