What is a Breathalyzer Test?

A breathalyzer is a device that measures the content of alcohol in a person’s breath. They are often used in the event that you are pulled over for a DWI. If you are arrested for a DWI, then it is important you know the facts about breathalyzer tests and that you call Jesse Hernandez, a DWI attorney in San Antonio TX.

How do Police Use Breathalyzer Tests?

It is illegal to drive if you have a blood alcohol content of over .008 percent. Police use breathalyzer tests to determine if you have alcohol in your system without having to resort to invasive methods like blood tests. If you are pulled over for a DWI, the police may ask you to submit to a breathalyzer test. It is often advisable to refuse to take a portable breathalyzer test unless you are certain you are not intoxicated. Police have the discretion to arrest someone who contains any amount of alcohol, so if you take a breathalyzer test and pass, there is still a chance you could be arrested.

Problems with Breathalyzer Tests

There are several factors that can complicate the results of a breathalyzer test. If you have recently used an alcohol-based mouthwash, the machine can detect it. There are also varied results if you hold your breath, hyperventilate or run before taking the test. Other medical conditions or even the types of food you have eaten can all affect the tests. Due to the many errors that can occur during a breathalyzer test, it is common to have a false positive result. To be sure your breathalyzer test results are properly used in your case, you should contact a DWI attorney in San Antonio TX, like Jesse Hernandez.

You should never drink and drive, but if you have been arrested for a DWI, you should immediately contact a DWI attorney in San Antonio TX like the Law Offices of Jesse Hernandez to support you in your case. They will walk you through the charges associated with your DWI and support you through your case.

Increase of DWI Accidents During Summer Months

Summer is quickly approaching, whether going on vacation or simply enjoying more social events in the warm weather, there are more people out and about. Unfortunately, in addition to more people going out, statistics also show that DWIs increase during the summer months. While you should never drink and drive, if you are arrested for a DWI, you will need a great DWI lawyer in San Antonio like Jesse Hernandez.

DWIs in the Summer Months

There are several factors that explain why there are more DWIs during summer months. For one, the warm weather also causes an increase in social binge drinking. With restaurant patios open and an increase in summer concerts and events, many more people are drinking. Summer is also a more common time for vacations and breaks in the school year also contribute to the uptick in DWIs.

How to Prevent DWIs

DWIs are very preventable. First, do not drink and drive. If you know you will be drinking, arrange for another transportation method before you go out. With rideshare companies like Uber and Lyft being so common, there is no excuse to drive drunk. If you do plan to drive be sure that you do not drink. Opt for soda or sparkling water to be sure you have a safe night.

What to Do if I am Arrested for a DWI

While you should always make other transportation arrangements if you are planning on drinking, if you are pulled over for a DWI, you should immediately call a DWI lawyer in San Antonio like Jesse Hernandez. Driving while intoxicated is a criminal offense and without a DWI attorney to support you in your case, you can face serious consequences.

Contact the Law Offices of Jesse Hernandez to be your DWI lawyer in San Antonio. We will evaluate your case and support you through the DWI charges.

Auto Insurance and DWIs: What You Need to Know

In the event of a DWI accident in San Antonio you may be facing numerous legal problems, the last thing on your mind may be auto insurance. While it may not be the most pressing legal issue, you could face significant problems related to your insurance. The Law Offices of Jesse Hernandez can help you through your DWI legal case.

I Was Charged in a DWI Accident in San Antonio, How Will My Insurance Change?

If you are charged with a DWI accident, you should immediately contact a trusted DWI lawyer to help you with your case.  Every case is different, so while there is no concrete process to determine what will happen with your insurance, it will change dramatically. It is possible that you may lose your car insurance completely.  Other carriers may change your premium to much higher premiums, and it is likely you will be required to file for SR-22 or another high-risk insurance form.

What is SR-22

After a DWI accident in San Antonio, you may have the option to apply for SR-22, or high-risk auto insurance. While each insurance company is different, this form of high-risk insurance can cost you significantly more than your previous insurer.

When Will My Insurance Go Back To Normal?

Each case is different and while there is no set timeline for insurance returning to normal, many people will not be required to have the SR-22 insurance after three to five years. Typically a DWI will stay on your record for seven years and while you may not be required to have SR-22 insurance through that entire time, you will likely have a much more expensive insurance plan due to your DWI accident in San Antonio.


Contact the Law Offices of Jesse Hernandez with assistance in your DWI case in San Antonio we can support you through the legal process.

Facts About Field Sobriety Tests

In the event you are pulled over because an officer suspects you of DWI, there are several things you need to know. First, the police officer will likely request to administer a field sobriety test. If the officer determines you have failed, they may arrest you and take you to the police station to perform a breath test and where they will read you The Miranda warning. At this time it is recommended you contact your DWI attorney in San Antonio TX.

What is a Field Sobriety Test?

There are three main types of field sobriety tests, The ‘Follow-the-Finger’ test in which your eyes are to follow the movement of the officers finger to determine the shaking of the eyeball, the ‘Walk-and-Turn’ test where you are asked to walk in a straight line, placing one foot in front of the other and turning to return back to the original spot, and the ‘One-leg-Stand’ test where you are asked to stand on one leg until the officer tells you to stop.

It is important to know that you have the right to refuse the testing. This is often times in your best interest if you feel that you will not pass it, and will not result in automatic penalties. Failing a field sobriety test often can serve as evidence in your case. If you are pulled over on suspicion of DWI and fail the field sobriety tests, it is time to contact a DWI attorney in San Antonio TX.

What Do I Do if I Am Pulled Over On Suspicion of a DWI?

If you have been pulled over on suspicion of a DWI, it is important you have a trusted DWI attorney in San Antonio TX like the Law Offices of Jesse Hernandez to support you in your case. They can explain to you the results and consequences of a field sobriety test and support you through your case.

Understanding DWI Consequences

A DWI charge is a very serious charge that can have a lasting impact on all aspects of your life. If you can drive, where you can live, and what type of job you can get are all impacted by this life-altering decision. Understanding your charges and knowing your rights will help you get your life back on track. If you are involved in a DWI accident in San Antonio, contact the Law Offices of Jesse Hernandez who will work to defend you in your case.

What is a DWI?

A DWI is defined as operating a vehicle when your blood alcohol content is above the legal limit as a result of having drunk alcohol. This alone is a serious charge, but if driving while intoxicated results in an accident, then the charges and penalties will increase.  

What to Do If You Are Involved in a DWI Accident?

If you are operating a vehicle while under the influence of illegal drugs, and this results in an accident, you could be facing very serious penalties.It is important to contact an attorney immediately if you cause a DWI Accident in San Antonio as the initial investigative portion of the case are very important and having an attorney on your side will make you aware of your rights and support you in your case.

Seek Help

Alcohol and drug addictions are very serious ailments and if you are charged with a DWI, it is important that you seek help and treatment for your addition. There are many types of treatment facilities and programs and finding one that suits you is imperative in your recovery.  

Contact The Law Offices of Jesse Hernandez if you are involved in a DWI Accident in San Antonio.

 

Misdemeanors vs. Felonies, What is the Difference?

Overwhelming. It is likely the first emotion you feel after an arrest. You may also feel confused and scared about the charges against you. Jesse Hernandez, a San Antonio criminal defense attorney can evaluate your charges and help guide you through the legal process. Being informed of your charges and consequences is the first step into designing your defense strategy.

Misdemeanors and Potential Penalties

A misdemeanor is a crime that has a maximum of one year prison time. Each state defines misdemeanors differently, and there are different classifications within the misdemeanors charges. Class A misdemeanors are the most serious kind of misdemeanor and typical examples of those are listed below:

  • Assault
  • Some DUI/DWI
  • Conspiracy
  • Some cases of Domestic Violence
  • Burglary
  • Resisting arrest
  • Possession of a controlled substance
  • Property theft over $1,000
  • Making a false report
  • Unlawful possession of a weapon
  • Violating a restraining order

Every case is different, however, misdemeanor charges often result in a fine of $500 to $5,000, a maximum of one year in prison, rehabilitation or community service. A San Antonio criminal defense attorney can explain your charges and potential penalties you may be facing.

Felonies and Potential Penalties

Offenses that require more than a year of incarceration are usually classified as felonies and usually result in time in federal prison. Often felonies are crimes of violence but other examples are listed below:

  • Murder
  • Rape
  • Arson
  • Sale of illegal drugs
  • Grand theft
  • Kidnapping

Felonies have the most severe punishments and can range from significant jail time, to in some cases in certain states, the death penalty.

Navigating your Legal Battle

The line can be fairly thin when determining a misdemeanor versus a felony so it is important to communicate all facts accurately to your San Antonio criminal defense attorney. Jesse Hernandez can evaluate your case for free. Contact the Law Offices of Jesse Hernandez today.

FAQs About Assault Cases

The best way to prepare yourself when facing assault allegations is to be informed of the facts. Knowing your rights and misconceptions about assault cases can help you navigate your legal case and by contacting a sexual assault defense lawyer in San Antonio TX, you can be informed and supported in your legal battle.  

What Can Be Defined As Assault?

Assault takes many forms and the wide classification of assault makes it a confusing legal matter to understand. Typical classifications of assault are: simple assault, aggravated assault and sexual assault. Even If you are defending yourself in a fight, you can be charged with assault, however, police often take self-defense into consideration. When dealing with sexual assault, this includes not only rape, but also solicitation and prostitution. A sexual assault defense lawyer in San Antonio Texas can help you understand your specific charges.

What to Do If You Are Falsely accused of Sexual Assault?

Sexual assault crimes are a very high profile and inflammatory topic. It can be devastating to your reputation and career if you are falsely accused and sadly, there has been a rise of false allegations related to sexual assault. The accusations tend to be associated with a breakup, divorce or child custody case, but can stem from a variety of issues. To help protect your reputation and life from false allegations, contact a Sexual Assault Defense Lawyer in San Antonio Tx.

What Are the Consequences of an Assault Conviction?   

While every assault case is handled differently, common consequences can include rehabilitation or recovery programs, probation, or in some cases imprisonment.

 

Contact us today to discuss your case help protect your future.  

What to Expect if you are Charged With a DWI

Being convicted of a DWI can be a very scary moment in anyone’s life and it is important to understand the next steps in the legal process so you are able to move forward prepared. There is a lot of information to take in immediately after your arrest and it is best to take time to read about your upcoming legal process. Contacting DWI lawyers in San Antonio Texas will help you connect with professionals who are able to help you.

What Fees Should I Anticipate?

While fees can vary from case to case, a DWI can be a costly event in life. Initially there are penalties and fines associated with your driving offense in addition to legal and court fees. Some fees and costs that many people do not anticipate are increases in car insurance, the cost of an ignition interlock device, and education and alcohol and drug recovery programs. Knowing the cost of your legal battles will prevent any surprises down the road. DWI Lawyers In San Antonio Texas can help you understand the full scope of fees you may face.

What Legal Consequences Should I Expect?

Each conviction is surrounded by many different circumstances and DWI lawyers in San Antonio Texas can help you understand your specific case. A DWI almost always results in the revocation or suspension of your license, but it can also result in imprisonment.

What Happens Next?

After addressing the initial consequences of your conviction, you may see extra car insurance costs for 3 to 5 years after your conviction or additional charges to keep your driver’s license filed with the state. It is recommended that you continue alcohol and drug treatment to improve your life and prevent any future mistakes.

Contact us today to discuss the next steps in your DWI conviction.

Statute of Limitations & Your Personal Injury Case

Being unfamiliar with the law when it comes to a personal injury case can make the process even more difficult and stressful. This is where our personal injury lawyer in San Antonio, TX comes into play. In Texas, there are certain laws that you have to follow when it comes to filing for your personal injury case. This is called the statute of limitations, and they vary depending on the type of case that you are planning on filing. As soon as the deadline to file your case has passed, you no longer have the right to sue the negligent party and the court will completely dismiss your case.

Two-Year Limit

In the state of Texas, it is typical for most personal injury lawsuits have a statute of limitations up to two years from the date of the injury. Failing to file your lawsuit within the two years will also result in your loss of the right to receive compensation in the future.

Hiring a Personal Injury Lawyer in San Antonio, TX

Don’t let your opportunity to file a personal injury case pass you by. As soon as you experience a personal injury, contact our team at Jesse Hernandez Law to help analyze and apply personal injury laws, calculate your damages and hire necessary expert witnesses.

Please contact our team today if you have suffered from a life-changing personal injury. We have years of experience to help successfully represent you and your case. Plus, we even provide free case evaluations!

Signs You Need to Hire a Personal Injury Lawyer

You may not think that you need to hire a San Antonio personal injury lawyer, but in reality, hiring a lawyer can make all of the difference in the outcome of the situation. Even the simplest of tasks such as driving a car, motorcycle or truck can result in life-altering personal injuries. There’s no doubt that this is a stressful and overwhelming time in your life. Rather than going through this alone, you can rely on our team at Jesse Hernandez Law to navigate this case for you.

Here are some signs that you can benefit from our help.

You Have Serious Injuries

You may not know what constitutes a serious injury. If you have to go to the hospital to receive emergency treatment due to your accident, this is considered a serious injury. Other examples of a serious injury include visiting a doctor more than one time because of your injury, struggling from long-term disability, or the fact that you will need treatment for the rest of your life. If you aren’t sure what constitutes a serious injury, feel free to contact us directly.

You Need Expert Witnesses

Witnesses can make or break the outcome of your personal injury case. For example, if you are a victim of a medical malpractice case, you’ll want to have a medical expert witness to help testify for your case.

You Have Evidence

Of course, evidence plays a major role in your personal injury case. Hard evidence such as witness statements, a defective product, photos or videos will help support your case.

Don’t sit back and allow yourself to be the victim of a personal injury case. Contact our San Antonio personal injury lawyer in your time of need.