Should I Take a Plea Deal or Go to Trial in Bexar County?

The answer depends on suppression grounds, evidence strength, and whether dismissal is achievable. A plea is a permanent conviction. The firm evaluates dismissal, suppression, reduction, diversion, negotiated resolution, and trial based on the facts of each case.

A Plea Is a Permanent Conviction — Never the Default

The decision to accept a plea at Cadena-Reeves or go to trial is case-specific and can only be made after full discovery review, investigation, and legal analysis. What is universally true: a plea is a permanent conviction the moment the Bexar County judge accepts it. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure. A plea accepted to avoid the inconvenience of court appearances produces exactly the same permanent record as a conviction after trial. The correct default is to fully evaluate every suppression and dismissal path before accepting any plea offered by the Bexar County DA’s office.

Factors That Favor Pursuing Dismissal or Trial

Fourth Amendment suppression grounds exist. If the SAPD traffic stop lacked reasonable suspicion or was extended beyond its traffic purpose, all evidence is suppressible under Art. 38.23. A case where critical evidence is suppressible should never see a plea table at Cadena-Reeves.

BAC evidence has documented technical problems. Intoxilyzer 9000 maintenance gaps, lapsed SAPD operator certification, or Bexar County Crime Lab chain of custody problems can exclude the BAC number from evidence entirely. Without the BAC number, the prosecution’s per se theory collapses.

The offered plea produces catastrophic collateral consequences. For a CDL holder, nurse, teacher, military service member, or licensed professional, accepting a DWI plea triggers career consequences that dramatically exceed the criminal sentence. The value of fighting toward dismissal in these cases is proportionally much higher.

Factors That May Favor a Negotiated Resolution

When the Bexar County DA’s evidence is strong — clean video of impaired driving, a reliably obtained blood draw well above 0.08, no stop challenge available — and the offered resolution is meaningfully better than a likely trial outcome, a negotiated resolution may be appropriate. But even then, we do not accept a plea until we have fully reviewed the file, explored every suppression argument, and confirmed that dismissal is not achievable.

Our Approach at The Hull Firm

We pursue dismissal as the primary goal on every Bexar County case. We evaluate suppression arguments, evidence challenges, and trial prospects before making any recommendation about a plea offer. A plea is never our first recommendation. When it is the right outcome, it is only after confirming that the available alternatives produce worse results. Call 210-899-0732.

Mark Hull has 20+ years of Texas criminal defense experience. Allison Tisdale, former Travis County DWI prosecutor, on staff. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. 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.

210-899-0732 — Free Consultation
1