top of page
  • Writer's pictureBrad Thornton

San Antonio DWI Attorney: What You Need to Know if Charged with DWI over .15 BAC in San Antonio.

Being charged with a DWI (Driving While Intoxicated) can be a daunting experience. It’s important to understand the elements of such a charge, the testing methods used by police to determine BAC, the potential punishments, available defenses, and the importance of hiring an experienced attorney. As a leading DWI attorney in Bexar County and the surrounding areas, I am here to guide you through this complex process.

If you are charged with a DWI in Texas, there are several ways that the charge can be enhanced. There are enhancements for a second or third offense, having a child in the car, and having a blood alcohol concentration over .15%. This article will focus on the possible charges and consequences if you are arrested for a first DWI, but the police seek an enhancement because your BAC was over .15%.

When charged with DWI with a BAC over .15, the prosecution must prove certain elements beyond a reasonable doubt. These elements include:

Operation of a Motor Vehicle: The prosecution must demonstrate that the defendant operated a motor vehicle while under the influence of alcohol or drugs.

Intoxication Level: Normally, in order to prove that someone was driving while intoxicated in Texas, the state can prove the defendant's alcohol concentration level exceeded the legal limit of 0.08% at the time of the offense or by showing that the defendant has lost the normal use of his mental or physical faculties due to drugs, alcohol, or literally any other substance. Although this is still true, to get the enhancement in this case, the state must show that the defendant’s alcohol concentration level exceeded 0.15% at the time of testing.

Testing Methods

Law enforcement officers employ various methods to determine a driver's BAC. These commonly include:

Intoxilyzer Tests: Once you are arrested for DWI, the police can escort you to a location where breath testing can be conducted by an intoxilzer. This is not the same as the breath test that may have been conducted on the side of the road, as portable testing is not admissible in court.

Blood Tests: Instead of a breath test, the officer can ask for a blood test. If the defendant refuses, he can seek a warrant and have the blood drawn against his or her will. Once complete, the sample is analyzed in a laboratory to determine the alcohol concentration accurately.

Possible Punishments

If convicted of DWI with a BAC over .15, you will be facing the possible punishments provided for a Class A Misdemeanor. These punishments include:

Fines: You may be required to pay a fine of up to $4,000.00.

License Suspension: Your driving privileges may be suspended, limiting your ability to commute to work or handle daily responsibilities.

Probation: The court may impose probation, which typically includes regular reporting, mandatory counseling, and possible ignition interlock device installation.

Jail Time: In some cases, incarceration is possible, with a possible range of up to one year in county jail.

Possible Defenses

A skilled DWI attorney can employ various defenses to challenge the charges against you. Some potential defenses for a DWI with a BAC over .15 may include:

Challenging the Accuracy of Testing: Questioning the reliability and accuracy of the testing methods used to determine your BAC.

Constitutional Violations: If law enforcement violated your constitutional rights during the traffic stop or arrest, evidence may be suppressed.

Inadequate Probable Cause: If the officer lacked sufficient reason to stop or arrest you, the charges may be dismissed.

Field Sobriety Test Accuracy: Arguing that factors unrelated to alcohol impairment influenced your performance on field sobriety tests.

San Antonio DWI Attorney Brad Thornton

Facing a DWI charge with a BAC over .15 can have serious consequences, but you don't have to navigate this challenging situation alone. As an experienced DWI attorney in Bexar County, Texas, I am dedicated to providing exceptional legal representation for individuals charged with DWI with a BAC over .15. Throughout my career, I have garnered valuable experience and expertise, making me the ideal advocate to handle your case. As a Board-Certified Criminal Law specialist, a former chief prosecutor, and a former prosecutor on the DWI Taskforce, I possess an in-depth understanding of the intricacies involved in DWI cases. My extensive experience trying DWI cases allows me to craft effective strategies tailored to your unique situation.

By choosing me as your DWI attorney, you gain access to a wealth of knowledge and a track record of success. Here's why hiring an attorney with my qualifications is essential:

Board Certified Attorney San Antonio

Board Certification in Criminal Law: Obtaining board certification demonstrates a high level of skill, experience, and dedication. It is a rigorous process that ensures an attorney's proficiency in their chosen practice area. My board certification in criminal law is a testament to my expertise and commitment to providing top-notch legal representation.

San Antonio DWI Attorney

Former Prosecutor on the DWI Task Force: Serving as a prosecutor on the DWI Task Force has provided me with invaluable insights into the strategies and tactics employed by the prosecution. This insider perspective enables me to anticipate their moves, identify weaknesses in their case, and mount a strong defense on your behalf.

Substantial Experience Trying DWI Cases: With years of experience handling DWI cases, I have developed a deep understanding of the complexities involved in these matters. I am well-versed in the applicable laws, regulations, and legal precedents that can significantly impact the outcome of your case. I leverage this experience to build persuasive arguments and aggressively advocate for your rights in and out of the courtroom.

In conclusion, if you are charged with DWI with a BAC over .15 in Bexar County, Texas, it is crucial to have a skilled and knowledgeable attorney by your side. San Antonio DWI Attorney Brad Thornton offers free consultations to discuss the specifics of your case and develop a comprehensive defense strategy. With board certification, former DWI Task Force experience, and an extensive track record, he is committed to fighting for your rights and securing the best possible outcome. Contact our office at 210-439-5627 to schedule your free consultation today. Remember, you don't have to face this challenging situation alone.

9 views0 comments