San Antonio DWI Lawyers

Fighting Impaired & Intoxicated Driving Charges in Texas

Being pulled over for suspected drunk driving can be the start of an intimidating and extremely unpleasant experience. Depending on the circumstances, it can have life-changing consequences. With officers cracking down on DWI/DUIs more than ever, it is no surprise that sometimes innocent people get caught in the net of DWI stops and task forces.

If you have been arrested for drunk or drug-impaired driving in San Antonio, seek qualified legal representation as soon as possible. At LaHood Norton Law Group, PLLC, we have defended innumerable individuals against these charges over the years. Our team of San Antonio DWI lawyers is thoroughly familiar with all the factors to consider in a DUI case and can investigate the state’s evidence to determine the validity of your arrest.

What Is the Difference Between a DUI and DWI in Texas?

What is the difference between DUI and DWI? In Texas, DUI (driving under the influence) is a charge applied to those under 21 who are found with any detectable amount of alcohol in their system. Texas enforces a zero-tolerance policy for minors.

However, DWI (driving while intoxicated) is charged to adults over 21 and can also be applied to minors because it also includes driving while impaired by drugs. These drugs can be either prescription drugs or street drugs, both of which can alter physical and/or mental faculties. The legal limit for blood alcohol is .08%.

Should a breathalyzer test measure that amount or higher, you can be charged. However, you can also be charged without being subject to a chemical test.

First Offense DWI in Texas

The penalties you may face for a first offense DWI may include the following:

Fine: Up to $2,000
Jail time: 3 to 180 days
License suspension: Up to 1 year
Annual fee: Between $1k or $2k for 3 years to remain licensed

Second Offense DWI in Texas

Penalties for a second offense DWI in Texas include the following:

Fine: Up to $4,000
Jail time: 1 month to 1 year
License suspension: Up to 2 years
Annual fee: Between $1k, $1.5k $2k for 3 years to remain licensed

Third Offense DWI in Texas

The penalties you may face for a third offense DWI include:

Fine: $10,000
Prison time: 2 years to 10 years in prison
License suspension: Up to 2 years
Annual fee: Between $1k, $1.5k $2k for 3 years to remain licensed

Is a DWI a Felony In Texas?

Driving while intoxicated is a serious offense, but, generally, the first couple of times a person is accused of committing it, they’re not charged with a felony. The first offense is a Class B misdemeanor, and the second offense is a Class A misdemeanor.

A Texas DWI becomes a felony when a person has been charged with the offense two times in the past. In this case, it’s a third-degree felony.

It’s important to note that there are situations in which a first or second DWI is a felony. These include:

When a child under 15 years of age was a passenger in the vehicle (state jail felony)
When the driver causes serious bodily injury to another (third-degree felony)
When the driver causes the death of another (second-degree felony)

What Are Enhanced Offenses on a TX DWI Charge?

If certain aggravating factors are present during a DWI offense, the charge is enhanced. Aggravating factors make a crime more serious, so enhanced offenses come with increased penalties.

In Texas, enhanced DWI sentences include:

One prior DWI conviction: This results in a Class A misdemeanor charge with a minimum term of confinement of 30 days. In contrast, a DWI without aggravating factors is a Class B misdemeanor with a minimum of 72 hours in jail.
One prior intoxication manslaughter conviction: If a person was previously convicted of driving while intoxicated and causing another’s death, and they are accused of DWI again, they could be charged with a third-degree felony. Typically, a second DWI offense is a Class A misdemeanor.
Two prior DWI convictions: Being charged with a DWI after having previously been convicted of the offense is a third-degree felony. In contrast, a first or second DWI is a Class B or Class A misdemeanor, respectively.
Causing bodily injury to specified persons: If someone is charged with driving while intoxicated and causing injury to another, they could be charged with a second-degree felony if the victim was an on-duty firefighter or emergency medical services personnel. If the victim was an on-duty peace officer or judge, the driver could be charged with a first-degree felony. Had the victim not been an official listed above, the offense would be a third-degree felony.
Causing death to specified persons: If a person was driving under the influence and caused the death of an on-duty firefighter, emergency medical services personnel, peace officer, or judge, they could be charged with a first-degree felony. If this aggravating factor were not present, the offense would be charged as a second-degree felony.
Causing TBI: If a driver commits a DWI and causes another person to suffer a traumatic brain injury that puts them in a vegetative state for a continued period, they could be charged with a second-degree felony. Absent this circumstance, the offense is a third-degree felony.

What Happens to Your Life After a DWI Conviction?

A DWI conviction doesn’t just mark your record; it tears through your life like a storm. Long after the jail time is served and fines are paid, the aftershock continues. People lose jobs. Families break under the weight of financial pressure and shame. Your professional licenses may come under review. Relationships strain when trust erodes. Even your ability to pick your kids up from school can vanish overnight.

In Bexar County, stories like this are common: a mistake on the road turns into lost custody, missed mortgage payments, and emotional collapse. This isn’t just the legal system handing out punishment; it’s life turning on you all at once.

And the consequences don’t just fade with time.

Lasting consequences of a Texas DWI conviction:

Permanent criminal record that employers, schools, and landlords can see
Loss of professional licenses for doctors, nurses, teachers, or CDL holders
Skyrocketing insurance premiums and financial hardship
Disqualification from some government jobs and security clearance positions
Travel restrictions, especially when visiting certain foreign countries
Difficulty qualifying for housing and loans due to background checks
Emotional damage from public shame, media coverage, or community fallout
Strained family relationships or lost custody rights in court
Barriers to future plea deals or reduced sentencing due to prior convictions

In South Texas, where families often rely on multiple incomes and strong reputations, a single DWI can destroy everything. Criminal defense lawyers and trial lawyers know this isn’t just about protecting rights; it’s about helping people keep their lives from unraveling.

What Is the Administrative Driver’s License Process?

A DWI arrest triggers an administrative and a criminal process. Either can result in a driver’s license suspension.

The administrative process begins when a driver refuses or fails a chemical test to measure the amount of alcohol in their system. To fail this analysis means that the driver’s alcohol level was at .08% or higher if they were operating a passenger car or .04% or higher if they were driving a commercial vehicle.

Upon a refusal, the arresting officer will immediately confiscate the individual’s driver’s license and issue a temporary permit. If the driver took the chemical test, their driver’s license wouldn’t be taken until the results are in, indicating that the individual’s alcohol concentration level was at or above the legal limit.

The suspension periods under the Administrative License Revocation Program are as follows:

Refusal

Drivers 21 years of age or older:

First offense: 180 days
Second offense: 2 years

Drivers under 21 years of age:

First offense: 180 days
Second offense: 2 years

Commercial vehicle drivers:

First offense: 1 year
Second offense: 3 years
Transporting hazardous materials: Lifetime

Failure

Drivers 21 years of age or older:

First offense: 90 days
Second offense: 1 year

Drivers under 21 years of age:

First offense: 60 days
Second offense: 120 days

Commercial vehicle drivers:

First offense: 1 year
Second offense: 3 years

Transporting hazardous materials: Lifetime

Note that for either a refusal or failure, conduct counts as a second offense when the driver has either previously refused or failed a chemical test or been convicted of a DWI.

Anyone who may be subject to an administrative driver’s license suspension may contest the action by requesting a hearing with the Department of Public Safety. The request must be made within 15 days of receiving a notice of suspension.

The criminal process takes place through the court. The driver’s license suspension that a judge imposes is separate from the administrative suspension.

Upon a DWI conviction, a person may lose their driving privileges for the following periods:

First offense: Up to 1 year
Second offense: Up to 2 years
Third offense: Up to 3 years

Can Prescription Drugs Lead to DWI Charges?

In Texas, driving while intoxicated isn’t limited to just alcohol or illegal substances. Prescription medication can also trigger DUI charges under certain circumstances. According to our state’s criminal laws, the standard is whether the driver has lost the normal use of their mental or physical faculties due to any substance, including lawfully prescribed drugs from a doctor.

Some medications like muscle relaxants, anti-anxiety medications, painkillers, and sleep aids can impair driver coordination as well as their reaction time and decision-making. When taken in combination or at higher than recommended doses, they can have a similar effect to alcohol and narcotics. All the prosecutors need is evidence that you were impaired while operating a vehicle.

These types of criminal cases can be tricky because the presence of a drug in your system doesn’t automatically mean you were impaired at the time of the arrest. It will be an uphill battle to prove your legal use of prescribed medication and to prove you were not impaired by it.

What Happens If You Refuse a Field Sobriety Test in Texas?

Refusing a field sobriety test in Texas is legal, but that doesn’t mean it won’t come with consequences. These tests, which may include heel-toe walking a straight line or balancing on one leg, are voluntary. However, many drivers aren’t aware that they can say no, especially when facing pressure from a police officer during a roadside stop in the San Antonio area.

While this particular test is not required, prosecutors may argue that the refusal indicates guilt, even though the tests themselves are subjective. These imperfect tests often fail to account for nerves, disabilities, or road conditions, all of which can trip up the suspected drunk driver. That’s why criminal defense lawyers often push back against the credibility of these tests in DWI cases.

If you refuse a test and are now facing criminal charges, an experienced DWI lawyer from a reputable criminal defense law firm can help protect your rights and fight for a favorable outcome.

Can You Be Charged with a DWI Without a Breath, Blood, or Field Sobriety Test?

Refusing any of these tests is a dangerous game to play. You can refuse to submit a breath or blood sample, you can refuse a field sobriety test, and after all of that, you can still be charged with a DWI. While chemical and field sobriety tests are common tools for building a case, they aren’t the only evidence prosecutors rely on. In Texas, many DWI cases move forward based solely on the observations and reports of the arresting police officer.

Without a breath or blood sample and forgoing a field test, the state may heavily rely on bodycam footage, dashcam video, observed slurred speech, erratic driving behavior, and the smell or presence of alcohol in the car. These details are often enough for an officer to establish probable cause for an arrest, especially under the broad interpretation of Texas DWI laws.

What Is an Ignition Interlock Device?

An IID is installed in a car and requires the driver to provide a breath sample before operating the vehicle. In Texas, DWI offenders are required to install an Ignition Interlock Device for the following:

After a second or any subsequent offense
BAC of 0.15 or higher
Under the age of 21 (DUI)

How Do Texas DWI Laws Handle Out-of-State Drivers?

If you’re not from Texas and you are arrested for a DWI, the consequences don’t stop at the state line. Texas is part of the Driver License Compact, an agreement between most states to share information about serious driving offenses, including DWI. That means your home state will likely be notified of your arrest and any resulting convictions.

Even if you’re just visiting or passing through our great state, you can face license suspension or other penalties when you return home. Some states will even automatically impose their own version of punishments based on Texas’s conviction.

Failing to handle the Texas case properly can also result in a hold on your driving record, preventing license renewal or transfer. And because you’ll be dealing with multiple agencies across different states, things can quickly get complicated.

How Can Our DWI Defense Team Help You?

The facts of every DWI/DUI case are different and should be handled by a competent lawyer if you wish for a positive outcome. Some DWI cases can even involve assault charges. Our San Antonio DWI lawyers regularly get administrative license revocations (ALR) dismissed, which means the driver’s license remains valid. We are also often able to get DWI charges reduced to Obstruction of Highway charges; these charges make non-disclosure easier, and cannot be used as enhancements in subsequent cases. Turn to our San Antonio DWI lawyers at LaHood Norton Law Group, PLLC, where you will find outstanding legal experience, ability, and service.

If you are ready to take your DWI charge seriously, call 210-750-4490 to schedule a free consultation with our San Antonio criminal defense lawyers.