San Antonio Criminal Defense FAQ
Common criminal defense questions in San Antonio and Bexar County, answered in plain language. Short answer here, full article one click away. Former prosecutor on staff. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Free consultation 24/7 at 210-899-0732.
✓ 960+ Dismissals or Rejected Cases Since 2021
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DWI Arrest & License
DWI is one of the most common criminal charges in San Antonio. These are the questions people often ask after a DWI arrest in Bexar County.
Many first-offense Bexar County DWIs resolve without additional jail time beyond time already served, through community supervision, deferred adjudication where available, reduction, or dismissal, but outcomes depend on the facts. The statutory minimum confinement for a standard first DWI is 72 hours, and community supervision may be available. Some qualifying first-offense cases may be eligible for deferred adjudication, and some qualifying DWI dispositions may later be eligible for nondisclosure.
A first DWI can be dismissed in some cases, but no dismissal can be guaranteed. Potential issues may involve the legality of the stop or detention, probable cause, field sobriety testing, video evidence, breath or blood testing, warrants, chain of custody, laboratory procedures, and other case-specific facts. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Past results do not guarantee or predict a similar outcome.
Texas DPS generally requires an ALR hearing request within 15 days after the applicable suspension notice is served or received. The DIC-25 or other DPS notice should be reviewed to confirm the deadline. In some blood-test cases, the notice arrives later, after the lab result. If no timely request is made, the suspension generally takes effect 40 days after the notice is served: generally 90 days for a first qualifying test failure and 180 days for a first refusal.
Refusing an evidentiary breath or blood test generally triggers a 180-day ALR suspension for a first refusal, compared with 90 days for a first qualifying test failure. Officers can seek a search warrant for a blood sample after a refusal, so a refusal does not necessarily prevent BAC evidence. The refusal may also be admissible at trial. There is no universally right answer; it depends on the specific situation.
A test result of 0.08 or higher does not automatically mean a conviction. Intoxilyzer 9000 results are subject to maintenance, calibration, and operator requirements, and blood evidence can be reviewed for the warrant, collection, chain of custody, and laboratory analysis. These issues can be evaluated to determine whether they materially affected the result. A test failure can also lead to an ALR suspension, so the DPS notice should be reviewed promptly.
SAPD and Texas DPS conduct DWI and traffic enforcement throughout San Antonio, including downtown and major roadways such as IH-10, IH-35, Loop 410, and US-281. Enforcement levels can vary by time, event, and agency operation. The Bexar County Sheriff’s Office also makes DWI arrests in unincorporated areas of the county.
Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply. Eligibility depends on the exact charge, BAC allegation, prior history, commercial-license status, and other statutory factors. Some qualifying DWI convictions and certain qualifying deferred-adjudication DWI dispositions may be eligible for an order of nondisclosure. Eligibility depends on the offense level, BAC, prior history, accident circumstances, disposition, waiting period, and other statutory requirements.
Bexar County Courts
How the Cadena-Reeves Justice Center works: who prosecutes your case, what to expect at arraignment, and how long a case may take.
Class A and B misdemeanor and felony cases in Bexar County are prosecuted by the Bexar County Criminal District Attorney’s Office, with courts at the Cadena-Reeves Justice Center, 300 Dolorosa Street, San Antonio TX 78205. Misdemeanor DWI generally goes to the County Courts at Law; felony DWI goes to the District Courts.
The Cadena-Reeves Justice Center at 300 Dolorosa Street, San Antonio TX 78205 houses Bexar County criminal courts. County Courts at Law generally handle Class A and B misdemeanors, and District Courts handle felonies. The firm’s attorneys regularly practice in Bexar County courts, and Mark Hull has more than 20 years of Texas criminal defense experience.
Arraignment is the formal proceeding where charges are read and a plea is entered. A not guilty plea preserves the defense’s options and does not by itself signal trial intent. In misdemeanor cases, personal appearance can sometimes be waived with counsel. Discovery and motion practice follow.
Timelines vary. Bexar County misdemeanor cases often resolve in several months to about a year. Felony cases can take longer, sometimes two years or more, and generally require grand jury indictment. Contested suppression hearings or trial add time. The ALR proceeding runs separately on its own SOAH timeline.
Stop & Evidence Challenges
The traffic stop, the breath test, and the blood test can all be examined. Here is how these issues are evaluated in San Antonio DWI and drug cases.
A traffic stop generally requires reasonable suspicion. Under Rodriguez v. United States (2015), a stop generally cannot be prolonged beyond its mission without additional reasonable suspicion. If a stop or extension was unlawful, evidence obtained as a result may be subject to suppression under Texas CCP Art. 38.23, depending on the facts and what independent evidence remains. Dashcam and bodycam footage can be compared with the written report.
Texas DWI cases involve two separate standards: reasonable suspicion to stop and probable cause to arrest. Officers typically rely on observations and field sobriety tests to establish probable cause. A valid stop does not automatically mean the arrest was supported by probable cause. If probable cause was lacking, evidence obtained as a result may be subject to suppression, depending on the facts.
Evidentiary breath testing in Texas uses the Intoxilyzer 9000 under a DPS-regulated program. Maintenance records, operator certification, the observation period, mouth alcohol, and individual physiological factors can be evaluated to determine whether they materially affected a result. The firm requests the maintenance records for the specific instrument used in appropriate cases.
Blood evidence can be examined. Potential issues include the warrant’s probable cause basis, who performed the draw, tube type and preservation, storage conditions, chain of custody, and laboratory calibration and procedures. These issues can be evaluated to determine whether they materially affected the result or its admissibility.
Your Rights & Arrest
What to say, and what not to say, when stopped or arrested in San Antonio. These decisions happen fast.
A driver should provide a driver’s license and proof of insurance when requested. Beyond identifying information, you generally have the right to remain silent and to decline consent to a search, and roadside field sobriety tests are generally voluntary. If you are in custody, clearly state that you are invoking your right to remain silent and want an attorney, and then stop answering questions.
Invoke your right to remain silent and request an attorney. You may generally decline consent to searches. On a DWI, review any DPS suspension notice promptly because the ALR hearing request is generally due within 15 days after the notice is served or received. Write down what you remember while it is fresh, and avoid posting about the case on social media. Call 210-899-0732, available 24/7.
Criminal Defense General
Charges, records, timelines, and options in Bexar County, from misdemeanor to felony.
Texas misdemeanors: Class C (fine only), Class B (up to 180 days), Class A (up to 1 year). Felonies range from state jail felony (180 days to 2 years) through first degree (5 to 99 years or life). Class A and B misdemeanors are heard in the Bexar County Courts at Law. Felonies generally require grand jury indictment and are heard in the Bexar County District Courts at Cadena-Reeves.
Sometimes. Before formal filing, an attorney can sometimes present information to prosecutors that may be considered in the charging decision. After filing, charges can be dismissed for reasons such as successful suppression motions, evidentiary problems, or a prosecutor’s decision. No outcome can be guaranteed. A dismissed charge generally still requires expunction to be removed from your record.
An arrest can appear on background checks before charges are filed or resolved. A dismissed charge can remain visible until a court issues an expunction order under Chapter 55, if the requirements are met. A DWI conviction generally cannot be expunged, but some qualifying DWI dispositions may be eligible for an order of nondisclosure, which limits public access to the record. The firm evaluates expunction eligibility on dismissed cases.
Most Texas misdemeanors: 2 years. Many felonies: 3 years unless a longer period applies. Murder and certain other serious offenses have no limitations period. Sexual assault and certain crimes against minors have no limitations period or significantly extended periods. The limitations period can be tolled while a defendant is absent from Texas.
It is possible in some cases, but no outcome can be guaranteed. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases across Bexar County and Central Texas courts. Potential issues can include Fourth Amendment violations that may support suppression under Art. 38.23, field sobriety test administration, breath or blood evidence, and differences between officer reports and video. Past results do not guarantee or predict a similar outcome.
Specific Charges
Assault, drug charges, weapons, expungement, probation violations, and juvenile cases in Bexar County.
Class A and B misdemeanor and felony assault charges in Bexar County are prosecuted by the Bexar County Criminal District Attorney’s Office. In family violence cases, prosecution can continue even if the complaining witness asks that the case be dropped. A magistrate may issue an emergency protective order at magistration, and issuance is required in certain circumstances, which can restrict contact and residence.
IH-35 and IH-10 through Bexar County are patrolled by DPS Troopers and Bexar County Sheriff’s deputies, and many drug arrests arise from traffic stops on those corridors. The Fourth Amendment analysis of the stop is often the starting point. If a stop or search was unlawful, evidence obtained as a result may be subject to suppression, depending on the facts.
Unlawful Carrying of a Weapon, felon in possession, and prohibited place carry are prosecuted by the Bexar County Criminal District Attorney’s Office. The Fourth Amendment analysis of the stop or encounter that produced the weapon is often central. If a search lacked valid consent, a warrant, or another legal basis, the weapon may be subject to suppression, depending on the facts.
A dismissed charge does not automatically clear your record. A Chapter 55 expunction petition is generally filed in district court, the relevant agencies are notified, and a judge rules on the petition. Once an order is granted and served, the agencies named in the order are generally required to destroy or return the records. The firm evaluates expunction eligibility on dismissed cases.
A Motion to Revoke or Motion to Adjudicate in Bexar County can result in arrest, and the person may be held without bond pending the hearing depending on the court. The State generally must prove a violation by a preponderance of the evidence, a lower standard than at trial. Early involvement can be helpful. If community supervision is revoked, the court can impose a sentence within the applicable range.
Juvenile cases are generally handled in the Bexar County juvenile system under the Texas Family Code, rather than in the adult criminal courts at Cadena-Reeves. The defense typically seeks the least restrictive resolution available and works to limit record consequences. When the State seeks certification to adult court, the defense can contest it.
Hiring the Right Lawyer
What experience to look for, what former prosecutorial experience can contribute, and what to consider before handling a case without counsel.
For many people, yes. A first DWI in Texas can carry criminal, license, insurance, employment, and record consequences. Some qualifying first-offense DWI cases may be eligible for deferred adjudication, and some qualifying DWI dispositions may later be eligible for nondisclosure. An experienced San Antonio DWI attorney can address the ALR deadline, request Intoxilyzer maintenance records, review SAPD footage, and evaluate all legally available resolutions.
Consider regular practice in the Cadena-Reeves Justice Center, substantial Texas criminal defense and trial experience, and clear communication. Prior prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared. Ask about relevant experience in Bexar County courts, and remember that past results do not guarantee or predict a similar outcome.
The decision depends on suppression issues, the strength of the prosecution’s evidence, the collateral consequences of the offer, and what other resolutions are realistically available. For DWI, dismissal, acquittal, reduction, deferred adjudication where available, nondisclosure where available, and other dispositions can have different record consequences. The defense should evaluate the evidence and all legally available resolutions before a decision is made, and the final decision belongs to the client.
Your situation is specific. Talk to an attorney now.
These answers are educational starting points. Your charge, your evidence, and your county determine what is actually available. Past results do not guarantee or predict a similar outcome. Every case is different and must be evaluated on its individual facts, evidence, and applicable law. Free consultation, 24 hours a day.
Facing Charges in San Antonio or Bexar County?
Trial-tested defense. Allison Tisdale is a former Travis County DWI prosecutor. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Available 24/7 at 700 N St. Mary’s Street, Suite 1400, San Antonio TX 78205.
For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.