DWI FAQS

When it comes to DWIs, it’s important to know the rules of the law in case you ever find yourself in this situation. As your DWI lawyer serving San Antonio, we have compiled a list of the most frequently asked questions. However, if you don’t see the answer you’re looking for, don’t hesitate to contact us today and we will walk you through any questions you may have.

 

What Is The True Definition Of A DWI?

DWI means driving while impaired, and it means that someone is driving a vehicle while under the influence of drugs or alcohol. You can be charged with a DWI if you are operating your car on a public street, highway, or another public area and have a BAC of 0.08% or higher.

 

What To Do If You Are Charged?

If you have been charged with a DWI, the first thing you need to do is contact our DWI lawyer serving the San Antonio area. Because this charge is a serious offense, you’ll need a good attorney to help you fight the arrest properly.

 

Can A DWI Affect My Job?

Every situation is different so it’s hard to give a definitive answer on this topic. Your DWI is a public record, so anyone—employers included—can see if you’ve been arrested for this. However, you may not be fired over a DWI even if some jobs require that you report your DWI or any other arrest. No matter how you choose to handle your DWI, make sure that you take responsibility and address the problem head-on.

Contact Us

If you have recently received a DWI, make sure you contact us immediately. As your DWI lawyer serving San Antonio, we will do everything we can to make sure you go through this process correctly and fairly.

 

DWI Misconceptions

Roughly 10 percent of all highway fatalities are caused by drunk drivers. While DWIs are something everyone should avoid, it’s important to spot the myths from the facts when discussing them. Our DWI attorney in San Antonio breaks down what to know when it comes to dealing with a DWI.

Myth: One drink can greatly increase your likelihood of being in a car accident.

Fact: Drivers with low blood alcohol content are no more likely to be in a car accident than those who have had nothing to drink at all.

Myth: BAC is a good indicator of if you are an impaired driver.

Fact: Did you know that people who regularly consume alcohol are less impaired at a given BAC? If you drink infrequently, that’s when BAC will indicate the impairment.

Myth: Breathalyzers are a reliable and consistent indicator of BAC and therefore driver impairment.

Fact: Breath alcohol content is inconsistent as a measure of BAC from person to person depending on the specific situation. Actual impairment levels vary between individuals and are affected by the factors at that exact moment.

Myth: Lowering the legal BAC limit for a DWI will help remove any “drunk drivers.”

Fact: People who have a BAC of .1 or .08 are not necessarily “drunks.” They shouldn’t be targeted for DWI enforcement as the average DWI violator is arrested with a BAC of .15 to .17. No matter what the low legal BAC limit is, many people who are arrested have a BAC of at least .15.

 

If you recently received a DWI, contact the DWI attorney in San Antonio to make sure you are fairly represented.

First Steps To Take If Charged With Murder

If you are unfamiliar with the criminal justice system and you’re charged with murder, this experience will be nothing short of frightening and overwhelming. Let our criminal defense attorney in San Antonio TX help you through this difficult and trying process.

Remember Your Rights

As the Miranda Rights state, “You have the right to remain silent.” The police must provide you with the Fifth Amendment, meaning you have the right to remain silent to avoid any incrimination against you while you’re in custody.  This right allows you to refuse to answer any questions that a law enforcement officer asks you until your lawyer arrives.

Stay Composed

Try to remain calm and polite while in custody and waiting. If you are panicked or too aggressive while being arrested, the authorities will match your tone. If you are composed while in custody—even if you feel your rights are violated—you may be able to avoid additional charges.

Contact Us Immediately

You must contact a criminal defense lawyer as soon as possible as this is one of the more crucial steps in order to be able to defend yourself. Prosecutors put you at a disadvantage due to their extensive knowledge of legal technicalities and statutes, and may be able to get a false confession or plea bargain out of you. Our criminal defense attorney in San Antonio TX will help you avoid mistakes and make sure you understand and exercise your rights. Don’t go through this situation alone, contact us today for more information.

Get Your License Back After A DUI

It’s never a good idea to drive while under the influence—it’s also illegal. If you are caught driving while under the influence, you will get your driver’s license suspended. In order to get your license reinstated, contact your DUI attorney serving San Antonio today and we will help you through the legal process.

The Process

If you are ready to get your license reinstated, you need to consult with the Secretary of State officer who will evaluate your case and eligibility before deciding the next course of action. Eventually, you’ll need to appear before this Secretary of State hearing officer in either an informal hearing or a formal hearing.

Informal Hearing

These hearings are when the DUI was a single, one-off incident and did not result in a fatality. You present your case in this hearing and you will get your license back, but it takes up to 90 days to hear your results.

Formal Hearing

These are for more serious charges such as multiple DUIs or the accident resulting in a fatality. You need to fill our the DAH H 12 form and pay $40 in order to have a formal hearing.

If you decide to seek help from our DUI attorney serving San Antonio, you’ll have a better chance of getting your driver’s license reinstated. We understand the law and can help defend your DUI case using years of experience and know-how. When it comes to being in the courtroom, we aren’t scared to provide you with aggressive representation for your case. Contact us today if you need to get your license back.

Avoiding Felony Drug Charges

Did you know that a large amount of Americans consume different types of drugs? Even though the drugs may be for recreational purposes, it’s important to understand that these drugs involve dangerous substances. As your San Antonio drug lawyer, Jesse Hernandez wants to make sure you know about drug charges and how not to find yourself in this situation.

Felony Drug Charges

Felony drug charges can vary depending upon what type of substance is found in your possession. Cannabis is the most commonly used drug and carries a lower sentence versus drugs such as heroin or cocaine. If you are caught with cannabis, it’s possible you’ll be fined $1,500 and can serve up to three months in prison. The severity of your sentence increases depending on the amount of cannabis you have.

Examples Of Felony Drug Charges

One example of a drug charge is if you have possession of drugs over a certain gram amount. Another charge is possession with the intent to distribute. This is more severe than the prior example as it means you are selling with possible intent to harm other people instead of the potential to harm just yourself.

How Can We Help?

If you’ve been accused of possessing drugs, you still have your rights. Your San Antonio drug lawyer will help you defend yourself against the charges in court. Make sure you hire a lawyer because an experienced drug lawyer, like Jesse Hernandez, can help you avoid or at least persuade the court to keep your sentence as low as possible. Contact us today and we will fight for you.

Texas Teens and Sexting: The Legal Consequences

Cell phone use is on the rise with teenagers and unfortunately, this has been a leading factor in the common practice of “sexting”—sending nude photographs or sexually suggestive messages by text. Texas has enacted laws with penalties so make sure you are avoiding this and if you find yourself in trouble, contact our sexual assault lawyer in San Antonio today.

 

Teen Sexting In Texas

Texas has taken legal measures when it comes to sexting—the state punishes teen sexting under its law against electronically transmitting sexual depictions of children. This law explains how it is illegal for one minor to electrically send an image of someone younger than 18 years old to another minor. 

 

Sexting And The Federal Law

Sexting can be considered a crime under federal law depending on the circumstances. The PROTECT Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depictions of a minor engaged in sexually explicit conduct. The law criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict the conduct. 

 

Penalties

Sending or receiving a “sext” from other minors is a Class C misdemeanor, with penalties that include a fine of up to $500 and may increase for second and subsequent convictions. 

 

Contact Us 

If you are in Texas and find yourself in a legal situation with sexting, make sure you contact our sexual assault lawyer in San Antonio. We can help you navigate the legal consequences and make sure you are represented in your time of need. Our team is prepared to provide tough defense and aggressive representation for our clients, so call us today for a free case evaluation.

What To Do After Being Wrongly Arrested

If you’ve been wrongfully arrested, there are a few steps to take to make sure you are able to drop the charges and keep your record clean for the future. As your criminal defense lawyers serving San Antonio, TX, we want to make sure you know if you’ve been wrongfully arrested and what to do next.

 

What Defines A Wrongful Arrest?

If you are arrested without probable cause, you can sue for a violation of your constitutional rights under the Fourth Amendment. This amendment guarantees all persons the right to be free from unreasonable search and seizure, including an arrest.

 

Can You Resist Arrest?

If you feel that you are being wrongfully arrested, you have the right to resist by telling the officer you think the arrest is wrongful. Once the statement is made, the officer has to demand that you present evidence to make the arrest considered wrongful. If the evidence is valid, the officer cannot arrest you, but if there is no evidence, then you must cooperate with the police. Sometimes you cannot present evidence to prove your innocence at the time of the arrest and you may still feel it’s wrongful. After the arrest, you can file a claim with the help of a lawyer.

 

Should You Sue?

One option after being wrongfully arrested is to sue for monetary damages. With the help of a professional lawyer, you can seek money from your arrest and you have the ability to sue the individual officer. If you want injunctive relief, you can pursue a claim against the state or state agency. Other reasons to sue can be due to lost wages, damage to reputation, embarrassment, and more. 

 

Did you know that wrongful arrests happen regularly in the United States? Make sure you contact our criminal defense lawyers serving San Antonio, TX if you find yourself in this situation. We will make sure you get the justice you deserve.

What Happens If You Are Under 21 And Charged With A DWI?

Obtaining a DWI under the age of 21 can lead to more severe consequences since you are under the United States legal drinking age. Driving under the influence of alcohol is illegal for all ages, but can lead to worst repercussions for those under 21. If you have been arrested for a DWI, make sure you call your DWI lawyer in San Antonio, TX to receive help with your case. 

 

Penalties

Receiving a DWI at any age is a criminal offense. Those who are under the legal drinking age can be sentenced to the same penalties as any other offender. Some may even face worse repercussions depending on the charges delivered and the BAC recorded for the driver. In most states, a BAC above .08 is subject to criminal penalties.

 

Zero Tolerance

Some states have a zero-tolerance policy enacted for any drivers under the age of 21 that are under the influence of alcohol. Underage drinkers who decided to drive with a BAC above a .02 can face more severe penalties in these states. If you get behind the wheel after consuming alcohol it could lead to criminal repercussions.

 

Future Impact

DWI charges are added to the criminal record of the perpetrator if they are found guilty. It is also likely that once an individual receives one DWI that they could obtain multiple in the future. Recurring DWI charges can increase charges from a misdemeanor to a felony and result in jail time. 

 

If an underage individual has been charged with a DWI, they will need legal support. Make sure you contact the Law Offices of Jesse Hernandez for assistance at (210) 807-8656 or visit our webpage today.

The Process Of A Criminal Trial

Criminal trials take on a structured format that normally includes six phases. If you are facing criminal charges you should consider hiring a criminal lawyer in San Antonio, TX to help fight for your case.

 

Phases of a Trial

 

The Jury is Chosen: Before a criminal trial can begin, a jury must be selected. For a criminal trial, potential jurors are questioned by the judge to determine their possible stance on the trial and if they have any potential predispositions regarding the case. The defense and prosecution are also given the opportunity to exclude certain jurors before the final panel is selected.

Opening Statements: Both the prosecution and the defense team will deliver an opening statement to the courtroom. The prosecutor represents the government and therefore must prove the filed charged and propose that the defendant is guilty. The defense then shares their interpretation of the facts and their starting argument.

 

Testimony and Cross-Examination: During the testimony, witnesses will be called to the stand to undergo questioning. The team that has called the witness does a “direct” examination to gain information by asking questions. The other team will then conduct a cross-examination of the witness. The process will continue until all witnesses have been called to the stand.

 

Closing Arguments: This is both the defense’s and the prosecutor’s chance to sum up their arguments from the trial. The closing arguments are the final opportunity for both sides to convince the jury of their pleas.

 

Jury Instruction: The judge will inform the jury of legal standards that are relevant to the case at hand. The legal standards discussed are chosen by the judge in relation to the evidence presented during the trial.

 

Deliberation and Verdict: Once all is concluded, the jury will deliberate and come to an agreement on the defendant. The foreperson of the jury will inform the judge once a decision is reached and the judge will announce the final verdict to the courtroom.

 

For help with a criminal trial, contact Jesse Hernandez and his criminal lawyers in San Antonio, TX at (210) 807-8656 for a free consultation.

Recognizing the Signs of Domestic Violence

Domestic violence is a serious crime that should not be taken lightly. The Law Office of Jesse Hernandez has dealt with personal injury in San Antonio, TX, and cares about the well-being of their clients. It’s important to recognize what domestic violence is and understand that help is always available.

 

What is Domestic Violence?

Domestic violence, or abuse, is a pattern of violent or coercive behavior that a person uses to gain power and control over an intimate partner. There are multiple types of abuse like physical, emotional, sexual, and even economical.

 

The Types

  • Physical: This type of abuse involves any type of intentional and unwanted contact with your body. When pain is intentionally inflicted onto a victim who did not ask for it, it’s considered physical abuse.
  • Emotional: Emotional abuse is the most common form of control that can exist in a relationship even without physical violence. When someone is put-down, called something derogatory, or receives insults to their intelligence, it’s emotional abuse. Other examples can include isolation from family members and breaking someone’s self-esteem.
  • Sexual: Sexual abuse is unwanted sexual activity through force, where most of the victims of sexual abuse know who their abuser is.
  • Economic: When someone controls their intimate partner’s access to financial means, it means that the victim has limited resources if they were to leave the relationship. This person can withhold access to employment, education, and more, putting a hindrance on the victims well-being.

 

Contact the Law Office Of Jesse Hernandez

If you’re a domestic violence victim and are suffering from personal injury in San Antonio TX, please reach out to us today. At the Law Office Of Jesse Hernandez, our experienced and dedicated San Antonio criminal defense lawyer is well-versed in the obstacles the accused face when charged with domestic assault. That is why we pride ourselves on providing aggressive counsel that makes our clients’ rights and interests an absolute priority throughout every stage of their case.