San Antonio DWI Lawyer
Protect Your License and Fight Your Bexar County DWI Charge
If you were arrested for DWI in San Antonio, you may have only 15 days from the date you were served notice to request an Administrative License Revocation hearing and challenge the suspension of your driver’s license. The license proceeding is separate from the criminal case, so protecting your driving privileges requires immediate attention.
A DWI arrest does not automatically mean you will be convicted. The legality of the traffic stop, the officer’s observations, field sobriety testing, breath or blood evidence, body-camera footage, and laboratory procedures may all affect the strength of the prosecution’s case.
At Thornton Criminal Defense, San Antonio DWI lawyer Brad Thornton draws on his experience as a service on a District Attorney’s Office DWI Task Force and his Board Certification in Criminal Law to examine the evidence, explain your options, and build a defense designed around the specific circumstances of your arrest.
Call (210) 439-5627 to request a free, confidential consultation about a DWI charge in San Antonio or Bexar County.
ARRESTED FOR DWI IN SAN ANTONIO?
You may have only 15 days from the date you received notice to request an ALR hearing.
If you do not submit a timely hearing request, the Texas Department of Public Safety may deny the request and allow the administrative suspension to take effect. Acting quickly also gives your lawyer more time to preserve evidence and investigate the circumstances of the stop and arrest.
What Should You Do After a DWI Arrest in San Antonio?
The hours and days following an arrest can affect both your criminal case and your ability to drive. Take the following steps as soon as possible:
- Keep your paperwork. Save the citation, bond documents, temporary driving permit, DIC-24 statutory warning, DIC-25 notice of suspension, and every other document you received.
- Do not discuss the incident publicly. Avoid posting about your arrest, alcohol consumption, driving, or interactions with police on social media.
- Write down what happened. Record where you were stopped, what the officer said, what tests were administered, whether you requested a lawyer, and anything unusual about the encounter.
- Address the ALR deadline. A request to contest an administrative suspension generally must be made within 15 days after the suspension notice is served.
- Speak with a DWI defense lawyer. Early involvement gives counsel more time to obtain video, identify witnesses, review testing procedures, and prepare for both the license proceeding and criminal case.
Why Choose Brad Thornton as Your San Antonio DWI Lawyer?
DWI cases involve more than reading a breath or blood test result. They can require detailed analysis of police procedure, standardized field sobriety testing, chemical-test protocols, warrants, medical evidence, and the events leading up to the traffic stop.
Experience Relevant to DWI Defense
- Board Certified in Criminal Law: Brad Thornton is certified by the Texas Board of Legal Specialization, which requires substantial experience in the specialty, continuing legal education, peer review, and successful completion of a specialty examination.
- Former Chief Prosecutor: Before entering private defense practice, Brad handled criminal prosecutions and served on a District Attorney’s vehicular-crimes team.
- Experience with serious intoxication cases: His prosecutorial background included cases involving blood alcohol testing, field sobriety tests, crash investigations, injuries, and fatalities.
- Local court experience: Thornton Criminal Defense represents clients in San Antonio and throughout Bexar County and understands the procedures, personnel, and expectations within the local court system.
- Individualized representation: The defense strategy is based on the evidence, the client’s history, the applicable charge level, and the client’s personal and professional concerns.
Client Reviews and Testimonials
Read what previous clients have said about their experience with Thornton Criminal Defense.
FORMER VEHICULAR CRIMES PROSECUTOR
As a former DWI Task Force prosecutor, Brad Thornton gained experience with intoxication allegations, breath and blood evidence, field sobriety testing, police reports, crash investigations, and serious cases involving injury or death.
Today, he uses that background to anticipate the prosecution’s approach, identify weaknesses in the state’s evidence, and prepare a focused defense for people accused of DWI in San Antonio.
Brad’s former role does not guarantee a particular result, but it gives him firsthand insight into how prosecutors evaluate evidence, identify weaknesses, negotiate cases, and prepare DWI charges for court.
How Thornton Criminal Defense Builds a DWI Defense
No single defense applies to every DWI case. Our investigation may include the following steps, depending on the evidence and circumstances:
Reviewing the Reason for the Traffic Stop
Police generally need a lawful basis to stop a vehicle. We examine dash-camera and body-camera footage, reports, dispatch records, and the officer’s stated observations to determine whether the initial detention was legally justified.
Examining the Arrest Decision
An officer must have sufficient legal grounds to make an arrest. We compare the officer’s written account with available video, witness statements, field sobriety testing, and other evidence.
Evaluating Field Sobriety Tests
The horizontal gaze nystagmus, walk-and-turn, and one-leg stand tests must be administered and interpreted under specific conditions. Uneven pavement, poor lighting, footwear, age, injuries, medical conditions, anxiety, fatigue, and unclear instructions can affect performance.
Challenging Breath-Test Evidence
We may examine maintenance and calibration records, observation-period compliance, operator qualifications, testing procedures, possible mouth-alcohol contamination, and whether medical or environmental factors could have affected the result.
Breath-testing instruments are not infallible, and the science behind them is more contested than most people expect. Read our explanation of how Intoxilyzer testing works and where its accuracy can be questioned.
Reviewing Blood-Test Procedures
Blood evidence may raise questions involving the warrant, collection procedure, antiseptic used, storage, chain of custody, laboratory analysis, contamination, and the interpretation of the reported concentration.
When blood is drawn well after the stop, the State may rely on retrograde extrapolation to estimate what a person’s alcohol concentration was at the time of driving. Learn how retrograde extrapolation is used against drivers and why the calculation is often open to challenge.
Examining Video and Officer Statements
Body-camera and dash-camera footage can be especially important when it does not match descriptions in the police report. Video may document a person’s speech, balance, coordination, driving, interactions with officers, and the conditions under which tests were performed.
Preparing for Negotiations or Trial
When appropriate, we pursue dismissal, reduced charges, alternative resolutions, or other favorable terms. We also prepare cases for trial when the evidence and client’s objectives support taking that path.
Protecting Your Driver’s License After a San Antonio DWI Arrest
A DWI arrest can create two different proceedings:
- The criminal case determines whether the state can prove the charged offense and what criminal penalties may apply.
- The Administrative License Revocation proceeding addresses a possible license suspension associated with refusing or failing an alcohol-concentration test.
Winning or losing one proceeding does not necessarily determine the result of the other.
What Is an ALR Hearing?
An ALR hearing allows a driver to contest an administrative suspension or disqualification through the Texas Department of Public Safety. Depending on the case, issues may include whether:
- There was reasonable suspicion or probable cause for the stop or arrest;
- The officer properly requested a breath or blood specimen;
- The driver refused testing;
- A test showed an alcohol concentration at or above the applicable legal limit; or
- The required warnings and notices were properly provided.
When Does the 15-Day Period Begin?
The deadline generally runs from the date the person is served with the suspension notice, commonly provided through the DIC-25 form. Requests submitted after the required period may be denied.
Do not assume the criminal court, police department, bondsman, or another agency has requested the hearing for you.
What If You Missed the ALR Deadline?
Missing the deadline can substantially limit the ability to contest the administrative suspension. Depending on the circumstances, there may still be questions involving license eligibility, reinstatement requirements, or an occupational driver’s license. An attorney can review the documents and determine what options remain available.
About Brad Thornton
Brad Thornton represents people accused of DWI and other criminal offenses in San Antonio, Bexar County, and surrounding communities. His professional credentials and recognitions include:
- Board Certification in Criminal Law by the Texas Board of Legal Specialization;
- Prior service as a Chief Prosecutor and member of a District Attorney’s vehicular-crimes team;
- Five-star Google rating based on client reviews;
- 10.0 Justia rating; and
- The National Trial Lawyers: Top 100 recognition.
These credentials help demonstrate Brad’s criminal-law background, but each DWI case must be evaluated individually based on its facts, evidence, charge level, and procedural history.
DWI Case Results
Thornton Criminal Defense has obtained dismissals, acquittals, reduced charges, and negotiated resolutions in criminal cases, including DWI matters. In one notable case, Brad Thornton represented a person facing a ninth DWI allegation and obtained a misdemeanor resolution that avoided a prison sentence.
Past results do not guarantee a similar outcome. Every case depends on its individual facts, evidence, applicable law, court, and other circumstances.
Reduced
The client crashed a vehicle into a poll and was charged with DWI over .15, which prevents being offered Deferred Adjudication. We were able to convince the DA to waiver the BAC level and allow a plea to a first DWI, allowing the client to receive deferred adjudication and have the record sealed.
The State of Texas v. B.H.
Reduced
The client was charged with his 9th DWI after having served time in prison for DWI twice before. After a hard fight, we were able to plea to a DWI Class B Misdemeanor, with an agreed one year probation and avoiding a minimum sentence of 25 years to life in prison.
The State of Texas v. S.C.
Rejected
The client was involved in a head on collision with an 18 wheeler and open containers were found in his car. We showed the prosecution the mistakes made by law enforcement and the inaccuracy of the tests they conducted and secured a dismissal for our client.
The State of Texas v. K.E.
Texas DWI Laws
Under Texas law, a person may be charged with driving while intoxicated when operating a motor vehicle in a public place while intoxicated. Intoxication can be alleged based on:
- Not having the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination of substances; or
- Having an alcohol concentration of 0.08 or higher.
Intoxication is not limited to alcohol. A prescription taken exactly as directed can still support a DWI allegation if the State claims it affected your normal use of mental or physical faculties. See when prescription medication can lead to a DWI arrest.
DWI vs. DUI in Texas: What Is the Difference?
Many people use “DWI” and “DUI” interchangeably, but in Texas they are two different charges under two different statutes.
DWI (Driving While Intoxicated) is charged under the Texas Penal Code and applies to a person of any age who operates a motor vehicle in a public place while intoxicated — either by losing the normal use of mental or physical faculties, or by having an alcohol concentration of 0.08 or higher.
DUI (Driving Under the Influence) is charged under the Texas Alcoholic Beverage Code and applies only to drivers under the age of 21. A minor can be charged with DUI for operating a motor vehicle with any detectable amount of alcohol in their system. A first DUI is generally a Class C misdemeanor, but it still carries a license suspension and can affect college admissions, scholarships, and employment.
A driver under 21 who is legally intoxicated can be charged with DWI rather than DUI, which carries significantly higher penalties.
If you are unsure which charge you are facing, check your citation and charging paperwork, or call (210) 439-5627 for a free review of your case.
Special Alcohol-Concentration Rules
- Drivers age 21 and older: An alcohol concentration of 0.08 or higher meets the statutory concentration definition of intoxication.
- Commercial drivers: Separate and stricter rules can affect a commercial driver’s license, employment, and ability to operate a commercial vehicle. Learn more about San Antonio CDL DWI charges.
- Drivers under age 21: Texas has separate underage drinking-and-driving rules that may apply when any detectable amount of alcohol is present.
Penalties for DWI in San Antonio
The possible punishment depends on the number of prior qualifying convictions and whether aggravating circumstances are alleged.
| Charge | Classification | Possible Confinement | Maximum Fine |
|---|---|---|---|
| First DWI | Class B misdemeanor | 72 hours to 180 days in jail, subject to statutory exceptions and enhancements | Up to $2,000 |
| DWI with an alcohol concentration of 0.15 or higher | Class A misdemeanor | Up to one year in jail | Up to $4,000 |
| Second DWI | Class A misdemeanor | 30 days to one year in jail | Up to $4,000 |
| Third or subsequent DWI | Third-degree felony | Two to 10 years in prison | Up to $10,000 |
The consequences can extend well beyond the courtroom. A DWI can affect a teaching certificate and other professional licenses, and it can also affect your ability to travel to other countries.
DWI Charges Involving Aggravating Circumstances
-
- Alcohol concentration of 0.15 or higher: A first-offense DWI can be elevated from a Class B to a Class A misdemeanor. Learn more about DWI with a BAC of 0.15 or higher.
- Child passenger: Driving while intoxicated with a passenger younger than 15 can be charged as a state jail felony. Visit our page about DWI with a child passenger.
- Serious bodily injury: An allegation that intoxicated driving caused serious bodily injury may lead to an intoxication-assault charge.
- Death: An allegation that intoxicated driving caused another person’s death may result in intoxication manslaughter.
- Prior DWI history: Previous qualifying convictions can increase the charge level and possible punishment, and a conviction from another state may count. Learn more about representation for a second DWI offense and how out-of-state DWI and DUI convictions are used to enhance Texas charges.
What Happens During a DWI Case in Bexar County?
Every case proceeds differently, but a San Antonio DWI matter commonly includes the following stages:
- Arrest, booking, and release: The accused person may be processed at the jail and released after posting bond or satisfying other release conditions.
- ALR deadline: If an administrative suspension notice was issued, the hearing request generally must be submitted within 15 days after service.
- Initial court settings: The court advises the accused of the charge and schedules the case for further proceedings. Procedures vary depending on the court and charge level.
- Evidence collection and review: The defense may obtain reports, videos, testing records, warrant materials, laboratory documentation, and other discovery.
- Pretrial motions: Appropriate motions may challenge the traffic stop, arrest, statements, search warrant, test evidence, or other aspects of the prosecution’s case.
- Negotiations: The parties may discuss dismissal, reduction, plea terms, diversion opportunities, or other possible resolutions when available.
- Trial: When the case is not resolved and proceeding to trial serves the client’s objectives, the state must prove each required element beyond a reasonable doubt.
- Sentencing or post-case issues: The final stage may involve sentencing, compliance with court orders, license reinstatement, or an evaluation of any available post-judgment remedies.
Common Mistakes to Avoid After a DWI Arrest
- Missing the ALR hearing deadline;
- Posting details about the arrest on social media;
- Assuming a failed breath or blood test cannot be challenged;
- Driving when your license is not legally valid;
- Failing to follow bond conditions or court instructions;
- Waiting until the first court date to begin investigating the case; and
- Discussing the case with people who may later become witnesses.
Related San Antonio DWI Services
The circumstances of an arrest can affect the charge, penalties, license consequences, and defense strategy. Explore our related DWI resources:
- First DWI offense
- Second DWI offense
- Third DWI offense
- DWI with a BAC of 0.15 or higher
- DWI with a child passenger
- DWI involving a commercial driver’s license
- Intoxication assault
- Intoxication manslaughter
- Field sobriety testing
- Suspended license representation
- Texas SR-22 insurance requirements
- Post-conviction representation
- How to choose a DWI attorney
More Reading on DWI Cases
- Fighting DWI charges in Texas
- Navigating the bail bond process in Texas
- What happens at your first court date
Why San Antonio Residents Turn to Thornton Criminal Defense
Thornton Criminal Defense represents people charged in San Antonio, Bexar County, and nearby communities. The firm’s local experience includes appearing in Bexar County criminal courts, working with local procedures, and representing clients whose cases may affect their employment, family responsibilities, professional licenses, education, or ability to drive.
Brad Thornton combines that local experience with his background as a former prosecutor and his Board Certification in Criminal Law. Learn more about representation throughout the area on our Bexar County criminal defense page.
Frequently Asked Questions About DWI Defense in San Antonio
Answers from Brad Thornton, Board-Certified Criminal Law Attorney
What Should I Do Immediately After a DWI Arrest in San Antonio?
The first 15 days after a DWI arrest in San Antonio are critical. If you do nothing, you may lose your driving privileges before your criminal case is ever resolved. You should avoid discussing your case with anyone except your attorney, preserve any paperwork you received from law enforcement, and contact an experienced San Antonio DWI lawyer as soon as possible.
At Thornton Criminal Defense, we immediately review the traffic stop, chemical testing, body camera footage, and arrest procedures while also determining whether you qualify for an Administrative License Revocation (ALR) hearing to fight your license suspension.
How Long Do I Have to Request an ALR Hearing After a DWI Arrest in Bexar County?
In most Texas DWI cases, you have only 15 days from the date you receive notice of your license suspension to request an Administrative License Revocation (ALR) hearing. Missing this deadline can result in an automatic suspension of your driving privileges.
An ALR hearing is separate from your criminal case and provides an opportunity to challenge the suspension while obtaining valuable evidence that may strengthen your defense. Thornton Criminal Defense regularly represents clients in ALR hearings throughout San Antonio and Bexar County.
Can a DWI Charge Be Reduced or Dismissed in San Antonio?
Yes. While every case is different, some DWI charges in San Antonio can be dismissed, reduced, or resolved through favorable plea negotiations depending on the facts of the case.
A successful defense may involve challenging:
- The legality of the traffic stop
- Field sobriety test administration
- Breath or blood test reliability
- Police procedures
- Constitutional violations
- Lack of probable cause
Brad Thornton's experience as a former Chief Prosecutor allows him to identify weaknesses in the prosecution's case and build the strongest possible defense.
Will I Lose My Driver's License After a DWI in San Antonio?
Not necessarily. A DWI arrest does not automatically mean your license will be permanently suspended.
Many drivers may be eligible to:
- Challenge the suspension through an ALR hearing
- Obtain an Occupational Driver License (ODL)
- Restore their driving privileges after meeting legal requirements
Because every situation is different, speaking with a San Antonio DWI attorney quickly can significantly improve your chances of protecting your ability to drive.
What Are the Penalties for a First-Time DWI in Texas?
A first-time DWI in Texas is generally charged as a Class B misdemeanor, although penalties increase under certain circumstances.
Potential penalties may include:
- Up to 180 days in jail
- Fines of up to $2,000
- Driver's license suspension
- DWI education classes
- Increased insurance costs
- Ignition interlock requirements in some cases
Beyond the legal penalties, a conviction can affect employment opportunities, professional licensing, and future background checks.
Can You Fight Breathalyzer or Blood Test Results in a San Antonio DWI Case?
Yes. Breath and blood test results are not automatically accurate and can often be challenged.
Possible issues include:
- Improper machine calibration
- Medical conditions affecting breath results
- Improper blood collection or storage
- Chain of custody problems
- Laboratory errors
- Officer mistakes during testing
Thornton Criminal Defense carefully reviews every piece of scientific evidence to determine whether chemical test results should be excluded or challenged in court.
Why Hire a Former Prosecutor for a San Antonio DWI Case?
A former prosecutor understands how DWI cases are investigated, prepared, and presented by the State.
Before founding Thornton Criminal Defense, Brad Thornton served as a Chief Prosecutor and worked on the Vehicular Crimes Team handling intoxication-related offenses. That experience gives him valuable insight into how prosecutors evaluate evidence, negotiate plea offers, and prepare cases for trial.
Combined with his Board Certification in Criminal Law, this experience allows Thornton Criminal Defense to build strategic defenses for clients throughout San Antonio and Bexar County.
Can a DWI Affect My Job or Professional License in Texas?
Yes. A DWI conviction can affect much more than your driving record.
Depending on your profession, a conviction may impact:
- Professional licensing
- Commercial driver's licenses (CDLs)
- Security clearances
- Employment opportunities
- Background checks
- Insurance rates
If your career depends on maintaining a clean record, it's important to work with an experienced San Antonio DWI lawyer who understands the long-term consequences of a conviction.
Do I Need a Lawyer for a DWI Charge in San Antonio?
Although you are not legally required to hire an attorney, DWI cases involve complex legal and scientific issues that can significantly affect the outcome of your case.
An experienced San Antonio DWI lawyer can:
- Protect your constitutional rights
- Request your ALR hearing
- Review all evidence
- Challenge breath or blood testing
- Negotiate with prosecutors
- Represent you at trial if necessary
Early legal representation often provides more opportunities to challenge the State's evidence before critical deadlines pass.
Why Should I Choose Thornton Criminal Defense for My San Antonio DWI Case?
Thornton Criminal Defense focuses exclusively on criminal defense and has earned a reputation for aggressive representation throughout San Antonio and Bexar County.
Clients choose Brad Thornton because he offers:
- Board Certification in Criminal Law
- Former Chief Prosecutor experience
- Extensive DWI trial experience
- Personalized legal strategies
- Strong client communication
- Proven results in serious criminal cases
If you've been arrested for DWI in San Antonio, acting quickly can make a significant difference in protecting both your driver's license and your future.
Have additional questions? Visit our criminal defense FAQ page or contact Thornton Criminal Defense for a confidential case review.
Schedule a Free Consultation With a San Antonio DWI Lawyer
A DWI arrest can place your license, freedom, career, and reputation at risk, but you do not have to face the process without legal guidance. Thornton Criminal Defense can evaluate the traffic stop, testing evidence, ALR issues, possible defenses, and the next steps in your Bexar County case.
Do not overlook the ALR deadline. You may have only 15 days after receiving the suspension notice to request a hearing. Call (210) 439-5627 or submit the contact form to request a free, confidential consultation.
