San Antonio DWI Attorney

Skilled DWI Attorneys in San Antonio, Texas

If you are arrested for DWI in San Antonio or the surrounding counties of Bexar, Wilson, Atascosa, Medina, Guadalupe, Kendall or Comal,  you need an experienced DWI defense attorney to guide you through the process and protect your rights. There are many deadlines to be aware of and the potential consequences of a DWI charge can be severe, including the loss of your license. It is essential to work with a lawyer who is Board Certified in Criminal Law and has the knowledge and expertise to help you achieve the best possible outcome.

Don’t hesitate – contact San Antonio DWI Attorney Brad Thornton today.

Ten Things Your San Antonio DWI Defense Attorney Should be Doing

1. Understand Your Situation

Each individual client’s situation is different. For some, they may be facing a loss of their professional license if they end up with a conviction. Others may be less concerned with the criminal consequences, and more concerned with the financial cost. How to approach each DWI depends on the goals and needs of each individual client. You need an attorney who will listen to you and your needs and explain then execute a plan for accomplishing your goals.

2. Request an ALR Hearing

When your driver’s license is suspended because of a DWI, an ALR hearing (Administrative License Review) is how you challenge the State and prevent your license from being suspended. If you refused or failed a breath test, then you have only 15 days to request the hearing.

You may have received a DIC-25 form from the arresting officer. This serves as a notice of suspension of your driver’s license and is a temporary driving permit for 40 days, but you only have 15 days to challenge the suspension. This is one of the most important stages in your case and it is important to have your attorney request a hearing. At the hearing, your attorney can challenge the suspension of your license and obtain discovery in your case. This can give your attorney a head start on the prosecutor, which can obviously lead to better outcomes.

3. Assist You in Getting an Occupational Driver’s License

If your license was suspended, there is still an opportunity to get what is called an occupational driver’s license. The occupational license will allow you to drive back and forth to work, school, and some other necessary life requirements.

A Judge must decide if you have an essential need to get an occupational license and you will need to obtain a special form of insurance called SR-22 and provide proof to the court.

4. Demand Evidence from the District Attorney

The only way to fight your case is to know what you are up against. A good DWI Defense attorney will work hard to get all the State’s evidence in your case. Article 39.14 requires the State to provide all evidence in your case but there are only penalties if it is requested by an attorney following the requirements of the law. Not only do you need to get an attorney who knows how to protect your rights when getting the evidence, you need an experience DWI Defense Attorney who knows what to do with the evidence.

5. Understand how to Investigate the Evidence

Many people assume murders are the most complicated type of criminal case because of the tragic result of the crime. That is simply not true. The types and amounts of evidence in most DWI cases is nothing compared to the average criminal case. DWI defense is not for the everyday lawyer. You need a criminal law specialist who has spent years trying DWI cases in front of a jury. DWI Defense Attorney Brad Thornton has spent a substantial portion of his career handling DWIs and has tried every type of Intoxication offense to a jury. He understands what evidence is important to a jury and how to win at trial.

6. Understand the Science

DWI Defense is one of the most scientific intensive areas of laws to practice. The attorney you chose must understand the science to present an effective defense. Gas chromatography – mass spectrometry is the method used by the lab to evaluate the sample of your blood. If you provided the officer with a breath sample instead, the machine likely used the scientific method of Infrared Spectroscopy (IR) to produce the result that led to your arrest. If a crash was involved in your crash, you need an attorney who understands Kinematics, Dynamics, and Newton’s laws to analyze and challenge the evidence in front of a jury. And the list of scientific principles that apply to DWI defense can go on and on. DWI Defense Attorney Brad Thornton has examined and cross-examined experts in every field and been trained in every type of science that is involved in a DWI. He has faced experts from the local DPS analysist to a top NASA scientist.

7. Understand the Psychology of Trial

One of the most important branches of science involved in DWI defense is psychology. There is a scientific theory that governs every phase of presenting evidence. The principles of recency and primacy rule the presentation of evidence at trial because it means that everyone more accurately understands and places greater weight on what they heard first and what they heard last. There are even scientific studies showing which font and color choice can most greatly impact the audience. You need a lawyer who understands the intricacies of presentation and persuasion. This could be the edge you need to get a favorable result.

8. Understand the Art of Picking a Jury

Enough about Science, jury selection is an art. Just like any art, practice leads to better results. You need an experienced DWI Defense Attorney who has selected hundreds of juries and is familiar with the communities where your jury will be selected.

9. Negotiate with the State

Only an attorney who understands and has experience in the art and science of a DWI jury trial and can understand the best strategy for your defense and to achieve the goals you have for your case. Such understating is necessary to be able to communicate the problems with the State’s case to the Assistant Prosecutor who is overseeing your case. Negotiation can often lead to the result that the client desires, even a dismissal, if the right attorney is handling your case.

10. Be Ready to Fight!

If negotiation is unsuccessful, it is time to fight. San Antonio DWI Lawyer Brad Thornton has presented DWI evidence to hundreds of jurors across the State of Texas from first DWI offense to multiple fatality Intoxication Manslaughter cases. Few attorneys are as prepared for battle in a DWI case as Board Certified Criminal Defense Attorney Brad Thornton.

Penalties for Driving While Intoxicated In Texas

DWI FIRST OFFENSE-

Class B Misdemeanor

If you have never been convicted of DWI before, you can be facing the following penalties:

• A fine of up to $2,000; and
• Up to 180 days in jail;

​DWI SECOND OFFENSE or DWI WITH A BAC OVER .15 –

Class A Misdemeanor

If you have been convicted of DWI once before in any United States jurisdiction or if it was your first offense and your BAC was over a .15, you can be facing the following penalties:

• A fine of up $4,000; and
• Up to 12 months in jail;

DWI WITH A CHILD PASSENGER –

State Jail Felony
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Regardless of how many times you have been convicted, if you are arrest for DWI and you have a child passenger in your car while you were driving, you can be facing the following penalties:

• A fine of up to $10,00; and
• Up to two years in state jail

DWI THIRD OR MORE OFFENSE –

Third Degree Felony

If you have been convicted of DWI once before in any United States jurisdiction, you can be facing the following penalties:

• A fine of up to $10,000; and
• Up to 10 years in prison;

DWI THIRD OR MORE OFFENSE WITH PRIOR PRISON TRIP –

Enhanced Felony

If you have been to prison one time for any Third Degree felony or higher, you could be facing the following penalties:

• A fine of up to $10,000; and
• Up to 20 years in prison.

If you have been to prison two or more times for any Third Degree felony or higher, you could be facing the following penalties:

• A fine of up to $10,000; and
• Up to life in prison.

Additional punishments for all charges can include:

• Community Supervision (Probation)
• DWI Education Programs as a condition of Probation
• Required to have an Ignition Interlock Device installed on your car
• Community service hours
• License renewal surcharge every year, for up to 3 years at an annual fee of between $1,000 – $2,000
• Significantly increased auto insurance premiums