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San Antonio DWI Defense Attorneys

At The Cook Law Firm & Associates PLLC, our lawyers recognize the gravity of facing driving under the influence (DUI) charges and the overwhelming feelings that accompany them. With over 15 years of experience and a strong track record, they will stand by your side during these trying times. Our team is caring, attentive and dedicated to making complex legal situations more manageable for our clients.

Our lawyers are seasoned litigators who have successfully represented hundreds of clients in various courtroom scenarios, including bench and jury trials. They are committed to securing the best outcome possible for you. They work with all our clients directly, promptly return phone calls, and focus on educating and empowering our clients throughout the legal process. Their strategies are fast, efficient and meticulously crafted to advance client objectives effectively.

Understanding DWI Charges In Texas

In Texas, drunken driving is defined as driving with a .08% blood alcohol content (BAC) or higher. It is also defined as driving while having lost normal mental or physical abilities because of the introduction of alcohol into the body. Facing driving while intoxicated (DWI) charges can profoundly impact various aspects of your life, including potential license revocation and other significant penalties. The consequences can extend beyond legal repercussions, affecting your employment, personal relationships and future opportunities.

The penalties for drunk driving in Bexar County include the following:

  • First-time offenders: Three to 180 days in jail, a $2,000 fine, and 90 to 365 days in license suspension
  • Second-time offenders: Thirty to 365 days in jail, a $4,000 fine and up to two years in jail

It is possible to avoid facing jail time if you have been charged with DWI in San Antonio. Your Texas criminal defense lawyer will talk to you about possible strategies for avoiding jail time and will discuss avenues for resolving the case. It is crucial to engage with a knowledgeable attorney as soon as possible when facing DUI charges. At The Cook Law Firm & Associates PLLC, our criminal defense attorneys will delve into the specifics of your case from the start, ensuring that every possible defense avenue is explored. Their understanding of Texas DUI laws will allow them to navigate the complexities of your case with precision and care.

Steps You Can Take To Get Your Wrongful DWI Charge Dismissed

Note that you should talk to a criminal defense lawyer in San Antonio about the following steps, as they vary depending on your particular case:

  • Hire a lawyer who works in the area. If you have a pending DWI case that occurred in Bexar County, this will assure that you have representation that is knowledgeable in local laws and court proceedings.
  • Before hiring a lawyer, meet with them in person to see if the attorney gives you a good impression. If they do, then chances are that they can do the same for a jury.
  • While you should be diligent in finding a good lawyer, you should also hire one as soon as possible, as they can help you preserve important evidence in the case.
  • When you are pulled over, you should politely decline to do the field sobriety tests. The officer will immediately start waving a wand in your eyes to look for nystagmus. You can and should decline to cooperate with all field sobriety tests.
  • Know the laws on breath and blood tests in San Antonio. You can no longer refuse breath tests. If you do, your license is suspended, and your blood is drawn for testing. Blood tests are more accurate than breath tests.
  • When you are pulled over, preserve evidence yourself. If there are witnesses in the car who know that you are not driving while intoxicated, get their statements and contact information recorded. Receipts for the evening that show you are not intoxicated can also help.
  • Be careful with your social media use. It may help that your Facebook posts and tweets tend to show that you were not intoxicated when you were pulled over.
  • If your lawyer advises it, be willing to pay additional fees to hire an expert or investigator for the case.
  • Lastly, consider hiring our attorneys at The Cook Law Firm & Associates PLLC. They are experienced San Antonio DWI lawyers who are not afraid to fight in their efforts to win. Call 210-740-0281.

A San Antonio DWI Example

The outing

David was a great guy. He lived in San Antonio his entire life. His wife and kids live right off of Callaghan and Interstate 10, right in the middle of San Antonio. David works at Red McCombs Ford. He is good at his job. One day, one of the guys (Jeff) invited David to his big bachelor party, which was starting at 7 p.m. at Stone Werks at the RIM. When David arrived, he and the guys got a couple of beers, but then someone bought the guys a bottle of wine to congratulate the groom on the bachelor party. David had already had a couple of beers but didn’t want to snub the wine. Then, Jeff, the groom, said, “OK, time for the next bar.” (He chose Sugar’s.)

More drinks

At the new bar, David threw back a couple of shots and thought about how his drive home was less than three minutes from the club. The guys hung out for a few hours; by then, it was midnight. David was going to go home, but just to be safe, he drank some water for an hour and just hung out. After all, David was no chronic drunk driver. He had never been arrested in his life. By 1 a.m., he figured he had duly sobered up, so he said his goodbyes and headed home to his wife and kids.

The drive home

David noticed he still felt a bit “buzzed” as he drove home, so he drove very cautiously and tried to overcompensate for any intoxication he may have been experiencing. In David’s mind, he was driving better than he does when he’s sober.

But, in fact, David’s driving wasn’t as good as he thought. Unbeknownst to David, an officer saw him driving and began to follow him. The officer turned on his vehicle video camera and let it roll as David swerved over the yellow line a few times.

Getting pulled over

David noticed the police lights when he looked in his rearview mirror. In his mind, he was not intoxicated; he barely felt buzzed and he had a pretty clear mind. The officer approached his vehicle and asked him for his license. David had a very disorganized wallet and thus could not find his license quickly. Little did David know that the delay in finding his license is actually a factor that is used against him when the officer is assessing whether he is intoxicated. David’s clothing was a mess. But, in general, David had a bit of a disheveled look, so this was the norm for him. Yet, still, that was a factor that the officer took into account when deciding whether David was intoxicated. The officer asked David to step out of his vehicle, and he did. But he did so slowly. Moving slowly and using the car for support is another factor the officer assessed against David. By the time David was out of the car, the officer smelled the alcohol on his breath and already knew he was going to arrest him. Now, the question was front and center: How much evidence could he get on camera to prove that David was intoxicated?

The Standardized Field Sobriety Test

The first thing the officer had David do was stand right in front of the police car, in the police headlights. David didn’t know this, but that is the best position for the officer to videotape David. He asked David to stand with his feet together and to not move as he conducted the horizontal gaze nystagmus test. The officer was just looking to see if David’s eyes were shaking, which is a sign of intoxication. Many things can cause nystagmus, such as a head injury or certain medicines. The officer noted that David’s eyes were shaking, so David failed this first field sobriety test, but the officer did not tell him this. He simply asked him to do the next test. This time, the officer asked David to walk on an imaginary line, 10 steps one way and 10 steps back. There were many instructions to go along with this walk-and-turn test, but David could not keep track of them all. He just did his best and assumed the test would show he was not drunk. David failed this test, too, but again, the officer didn’t tell him this. Instead, he had him do the next test, the one-leg stand test. This time, David was told to stand on one foot; he was also given many other instructions to go with this general stand-on-one-foot rule. So, he stood on one foot and never put the other foot down. In order to balance, he moved his arms and loose leg around, working hard to stay on one foot. David was no coordination king, but he put up a good effort. He failed all the tests. At this point, David was already doomed with a DWI charge, but once again, the officer didn’t tell him that. It was time for the breath test.

The Breath Test

Now that the officer was done with the field sobriety test, he offered David an opportunity to take the breath test. By now, David was catching on that the officer was not going to let him go. He also vaguely remembered hearing his police officer cousin say that the breath test was a bogus, out-of-date machine that does not give proper readings on blood alcohol content most of the time. So, David was battling in his mind whether he should take the test. He decided to refuse the test. This means that he would have to take the blood test back at the police station. The officer informed David that if he refused the test, then his license would be suspended. David thought about how close his house was and explained to the officer that his house was really close, and he could just have his wife pick him up. This pleading did not help David. The officer informed David that he was under arrest.

The Arrest

The officer was annoyed that he could not get the breath test from David, so he quickly told him his Miranda rights and informed him he was under arrest for driving while intoxicated. He put him in the police vehicle and called the tow truck company to impound his car. David sat in the police car and watched the officer search his Ford Focus. Seeing the officer go through his car really bothered David. Watching the guy tow his car with no regard for the paint job or anything else ignited anger in David. He started yelling from the car. Little did he know, his every move was being video recorded from the back of the police vehicle. The officer would then be able to prove that not only did David fail his field sobriety tests, but he also looked belligerent.

Going To Court

David had to call his wife to bond him out with their family emergency money. David hired our team at The Cook Law Firm & Associates PLLC to defend his DWI/drunk driving charge. His attorney set the case for trial. David’s lawyer explained the drunk driving laws to him in detail. David learned that for his first DWI offense, he had to spend a minimum of three days in jail, could face six months in jail and could be required to pay a $2,000 fine. If David lost his trial, he would have to spend up to two years on probation, get an ignition interlock installed on his car, do 50 hours of community service, take all kinds of DWI classes and pay supervisory fees.

If this story sounds similar to your situation, don’t wait to get the legal help and support you need.

The Texas DWI Defense You Need

Do you need a DWI attorney in San Antonio? Our team at The Cook Law Firm & Associates PLLC are glad to assist you. Call our San Antonio office at 210-740-0281 or fill out our online contact form to schedule a consultation.