Get Legal Guidance After a DWI Arrest
A DWI arrest can leave you uncertain about your license status, your next court date, and whether you could face jail time. The good news is that there are attorneys out there who are ready to assist you through the process and advocate for your rights.
The Law Office of Jesse Hernandez represents people facing DWI charges in San Antonio, Texas. Our DWI defense attorney can review the allegations, explain your options, and prepare a defense based on the evidence in your case. Call (210) 807-8656 to discuss your situation and the legal process.
Why Choose the Law Office of Jesse Hernandez?
Jesse Hernandez began his criminal defense career as an assistant public defender at the Webb County Public Defender’s Office. He later established his practice in San Antonio, where his firm represents people facing misdemeanor and felony charges.
Working with our DWI law firm means getting straightforward guidance rather than promises about case results. We investigate the allegations, explain concerns, and prepare for negotiations and courtroom proceedings. Our attorneys will guide you through any questions you have, whether they involve the evidence against you or an upcoming hearing.
DWI Penalties in Texas: What Could You Face?
Texas DWI penalties depend on your criminal record and the circumstances of the offense. Standard punishment ranges, without additional enhancements, include:
- First offense: Three to 180 days in jail and a possible fine up to $2,000.
- Second offense: Thirty days to one year in jail and a possible fine up to $4,000.
- Third offense: Two to 10 years in prison and a possible fine up to $10,000.
Additional state fines of $3,000, $4,500, or $6,000 may apply separately. These figures describe potential penalties, not a prediction of your sentence.
Other consequences may include license suspension, community supervision, alcohol education, and ignition interlock requirements. Your attorney should explain which requirements could apply to you based on the information provided.
What Counts as Intoxication Under Texas Law?
Texas Penal Code §§49.01 and 49.04 address operating a motor vehicle in a public place while intoxicated. Intoxication means an alcohol concentration of at least 0.08 or the loss of the normal use of mental or physical abilities because of alcohol, drugs, or a combination of substances.
A result below 0.08 doesn’t automatically rule out a DWI charge. On the other hand, an open container alone, however, doesn’t establish DWI, though it can support a separate open-container offense.
Understanding the Difference Between DUI and DWI
Texas uses DUI for drivers under 21 who operate a vehicle in a public place with any detectable alcohol in their system. A first offense generally carries a fine, community service, alcohol-awareness classes, and license suspension.
DWI isn’t limited to drivers over 21. Younger drivers can also face DWI charges when the evidence meets the intoxication standard. Those charged with a driving offense involving alcohol should ask a DWI attorney in San Antonio to explain the actual charge. Using the two terms interchangeably can lead to confusion or misunderstanding of the potential penalties.
Is a DWI a Misdemeanor or Felony in Texas?
An ordinary first DWI is a Class B misdemeanor. A test result of 0.15 or higher raises it to a Class A misdemeanor. Two qualifying prior convictions generally make a new DWI a third-degree felony, though prior arrests alone aren’t the same as convictions.
Other circumstances can also create felony exposure. For offenses committed on or after September 1, 2025, DWI in a school crossing zone while its reduced speed limit applies is a state jail felony.
DWI Arrests and Driver’s License Suspensions
A DWI arrest can trigger an Administrative License Revocation, or ALR, proceeding separate from the criminal case. Failing or refusing a requested breath or blood test can lead to license suspension.
When an officer serves the suspension notice, you generally have 15 days to request a hearing. A notice mailed after blood-test results can carry a 20-day deadline from mailing. Show your San Antonio DWI lawyer the notice immediately rather than waiting for your first court date.
Cases Involving Serious Bodily Injury
Intoxication assault involves serious bodily injury caused by intoxication while operating a vehicle in a public place. It’s generally a third-degree felony, although certain circumstances increase the charge. Not every injury meets the required legal standard.
These cases require careful attention to the connection between the alleged intoxication, the collision, and the injury. Medical records, witness accounts, and crash evidence can help your lawyer evaluate the prosecution’s allegations.
How Our DWI Attorney Can Assist You
Our firm believes that DWI defense begins with examining the evidence rather than assuming the police report tells the entire story. Important areas for review may include:
- The traffic stop and arrest: Why police officers stopped you and what supported the arrest.
- Field sobriety testing: Instructions, testing conditions, recorded performance, and relevant physical limitations.
- Breath or blood testing: Testing procedures, equipment records, sample handling, and reported results.
Our firm investigates potential weaknesses, discusses available resolutions, and prepares for court when necessary. We’ll explain the strengths and challenges of your case so you can make informed decisions and receive the most favorable outcome.
Choosing a DWI Lawyer in San Antonio
When comparing San Antonio DWI lawyers, ask about their experience with similar charges, who will handle your case, and how the office communicates. A lawyer for a DWI case should also explain the scope of representation and fees before you commit.
Jesse Hernandez’s criminal defense background and his firm’s evidence-focused approach give you specific points to discuss during a free consultation. Ask how the team would begin reviewing your arrest and preparing for upcoming proceedings.
Contact a San Antonio, Texas, DWI Lawyer
Bring your charging documents, bond paperwork, court notices, and any license-suspension notice to your consultation. These records can help organize the discussion.
Call the Law Office of Jesse Hernandez at (210) 807-8656 to schedule a free case evaluation with a San Antonio DWI attorney.
