Arrested for DWI in San Antonio? What Happens Next and Why Timing Matters
A DWI arrest in Bexar County can start two separate proceedings on two separate timelines. The criminal case in the Bexar County Courts at Law is one. The Administrative License Revocation proceeding with Texas DPS is the other. 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 a timely request is not made, the suspension can take effect as stated in the notice, generally 90 days for a first qualifying test failure and 180 days for a first refusal. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline.
The criminal DWI case is heard at the Cadena-Reeves Justice Center at 300 Dolorosa Street. A standard first DWI is generally a Class B misdemeanor, and a second offense is generally a Class A misdemeanor, both in the Bexar County Courts at Law. A third offense is generally a third-degree felony in the Bexar County District Courts. DWI with a child passenger and intoxication assault are felonies regardless of prior history. DWI cases are prosecuted by the Bexar County Criminal District Attorney’s Office.
A San Antonio DWI attorney evaluates the stop first. The traffic violation or other basis for the stop must be legally sufficient. The field sobriety tests must be evaluated against NHTSA administration standards. Breath-test maintenance and calibration records can be reviewed, and blood evidence can be reviewed for the warrant, collection, and chain of custody. The firm evaluates these issues starting with the dashcam and bodycam footage. Call 210-899-0732.
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When the Evidence Supports a Dismissal
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.
Get a free, confidential case evaluation →Bexar County DWI Charges | Penalties and Consequences
Deferred adjudication may be available in qualifying cases, and some qualifying DWI dispositions may be eligible for nondisclosure. A prior qualifying DWI conviction can affect the charge level in a future intoxication case.
| Charge | Class | Penalty | Key Consequence |
|---|---|---|---|
| DWI, First OffensePenal Code §49.04, BAC ≥0.08 or impaired | Class B Misd. | 72 hrs–180 days • up to $2,000 | Record and license consequences depend on disposition |
| DWI, BAC ≥0.15Penal Code §49.04(d) | Class A Misd. | Up to 1 yr • up to $4,000 | Ignition interlock may be required; excluded from deferred adjudication |
| DWI, Second OffensePenal Code §49.09(a) | Class A Misd. | 30 days–1 yr • up to $4,000 | Prior used for enhancement |
| DWI, Third OffensePenal Code §49.09(b) | 3rd Degree Felony | 2–10 yrs • up to $10,000 | TDCJ prison range • Felony record |
| DWI w/ Child PassengerPenal Code §49.045, under 15 in vehicle | State Jail Felony | 180 days–2 yrs • up to $10,000 | Felony regardless of prior history |
| Intoxication AssaultPenal Code §49.07, serious bodily injury | 3rd Degree Felony | 2–10 yrs • up to $10,000 | Collision with serious bodily injury |
Deferred adjudication may be available for some qualifying DWI offenses under Code of Criminal Procedure Art. 42A.102, but statutory exclusions apply, including certain cases involving a BAC of 0.15 or higher, a commercial driver’s license or commercial learner’s permit, repeat-offense enhancement, and specified intoxication offenses. Some qualifying DWI dispositions may be eligible for an order of nondisclosure. Dismissal, acquittal, reduction, deferred adjudication where available, nondisclosure where available, and other dispositions can have different record consequences.
San Antonio DWI Defense | All Sub-Pages
Each page below covers a specific aspect of DWI defense in Bexar County in depth: the law, the penalties, the local court details, and the defense considerations.
First-Time DWI Defense
A first DWI can carry criminal, license, insurance, and record consequences. Some qualifying first-offense cases may be eligible for deferred adjudication or later nondisclosure. How the firm evaluates first-time DWI cases in Bexar County.
First-Time DWI Defense → Intoxilyzer 9000 & Blood Draw ReviewBAC & Breath Test Defense
A BAC number is evidence, not a verdict. Intoxilyzer 9000 maintenance records, blood draw chain of custody, and testing conditions can be evaluated to determine whether any factor materially affected a result.
BAC & Breath Test Challenges → Record, License & Enhancement ConsequencesDWI Conviction Consequences
DWI conviction levels in Texas: criminal sentence, license suspension, CDL impact, ignition interlock, enhancement, and when nondisclosure may be available.
DWI Conviction Consequences → Art. 42A.102 | Qualifying CasesDeferred Adjudication & DWI
Deferred adjudication may be available for some qualifying DWI offenses, with statutory exclusions. What the statute says, which cases are excluded, and how different dispositions affect your record.
Deferred Adjudication & DWI → Under 21 | Zero ToleranceDUI Defense (Under 21)
Texas Alcoholic Beverage Code §106.041 addresses driving by a minor with any detectable alcohol and does not require proof of a 0.08 BAC. UTSA, St. Mary’s, and Alamo Colleges area cases. School, scholarship, and housing concerns depend on the institution and disposition.
DUI Defense →
San Antonio DWI Enforcement | Where Arrests Happen and What the Defense Looks Like
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. The River Walk corridor, Commerce Street, the St. Mary’s Strip, and areas around the Frost Bank Center and Alamodome on event nights are among the areas where enforcement activity occurs. The Bexar County Sheriff’s Office also patrols Wurzbach Parkway and other corridors. Enforcement levels can vary by time, event, and agency operation.
A DWI defense often starts with the stop. The traffic violation or other basis the officer relied on must be legally sufficient under the Texas Transportation Code and the Fourth Amendment. The HGN, Walk and Turn, and One Leg Stand each have specific administration requirements, and deviations can affect how the results should be weighed. The breath testing instrument has maintenance and calibration records that can be requested, and blood evidence has a chain of custody from collection to the laboratory that can be reviewed.
The firm requests available dashcam and bodycam footage promptly and compares it with the officer’s written account. Differences between the report and the video can be important in evaluating a Bexar County DWI case.
How We Defend DWI Charges in Bexar County
Two proceedings, both time-sensitive. The ALR deadline and the Fourth Amendment analysis are addressed early.
When an ALR suspension applies, the firm works to submit the hearing request before the applicable deadline. Texas DPS generally requires the request within 15 days after the applicable suspension notice is served or received. The ALR hearing is separate from the criminal case and runs on its own timeline.
Video-retention periods vary by agency and system. Where appropriate, the firm sends preservation requests and requests available footage promptly, so the defense can evaluate what the recordings show.
Was the basis for the stop legally sufficient? The firm examines the Texas Transportation Code provision the officer relied on, the video of the driving behavior, and whether the report matches what the camera shows.
The firm requests the officer’s SFST training records where available and compares the clues reported on the HGN, Walk and Turn, and One Leg Stand with NHTSA administration standards. Surface, lighting, and noise conditions can be relevant.
For breath tests, the firm examines the Intoxilyzer 9000 maintenance log, calibration records, and operator certification. For blood draws, the firm examines the warrant, collection, chain of custody, and laboratory analysis. Depending on their significance, these issues may support suppression or affect the weight of the evidence.
Allison Tisdale is a former Travis County DWI prosecutor. Prior prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared. That experience informs the defense team’s review of evidence, procedure, and defense strategy before discussions with the Bexar County Criminal District Attorney’s Office.
DWI Defense in Bexar County | Former Prosecutor, Local Courts
Mark Hull has more than 20 years of Texas criminal defense experience, including Bexar County and Central Texas courts. ALR hearings and suppression motions on DWI cases require careful evidentiary preparation.
Allison Tisdale is a former Travis County DWI prosecutor. Her prior prosecutorial experience informs the defense team’s review of evidence, procedure, and suppression issues. We have achieved over 960 dismissals or rejected cases since 2021 across Bexar County and Central Texas courts. Past results do not guarantee or predict a similar outcome.
Allison Tisdale is a former Travis County DWI prosecutor. Prior prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared.
Cadena-Reeves Justice Center, Bexar County Courts at Law and District Courts. The firm’s attorneys regularly practice in Bexar County courts and are familiar with local procedures, court scheduling, and prosecuting offices.
Bexar County, Hays County, Travis County, Williamson County, and surrounding Central Texas courts.
San Antonio DWI FAQ | Bexar County
Common questions from people arrested for DWI in San Antonio, answered with Texas law and Bexar County court details.
Avoid discussing the facts of the case with law enforcement, and clearly request an attorney. A person may generally decline to consent to a search. Write down what you remember about the stop, including where it happened, the reason the officer gave, the sequence of events, road conditions, and whether you received a DIC-25 notice. Review that notice promptly because the ALR process has a short hearing-request deadline. Video-retention periods vary by agency. Call 210-899-0732.
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 the request is late, the suspension can take effect as stated in the notice, generally 90 days for a first qualifying test failure and 180 days for a first refusal. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline. Call 210-899-0732.
A 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. If the stop lacked reasonable suspicion, evidence obtained as a result may be subject to suppression, depending on the facts and what independent evidence remains. Past results do not guarantee or predict a similar outcome.
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 dispositions may also be eligible for an order of nondisclosure. Dismissal, acquittal, reduction, deferred adjudication where available, and nondisclosure where available can have different record consequences. Full breakdown of deferred adjudication and DWI →
The DIC-25 or other DPS suspension notice starts the Administrative License Revocation process, which is separate from the criminal case. Texas DPS generally requires a hearing request within 15 days after the applicable notice is served or received. If no timely request is made, the suspension can take effect on the date stated in the notice. The ALR hearing can be used to contest the suspension while the criminal case is pending. The ALR outcome does not decide the criminal case.
Intoxication assault under Penal Code §49.07 can be charged when a person operating a vehicle while intoxicated causes serious bodily injury to another person by accident or mistake. In San Antonio, collisions with injury on IH-10, IH-35, and Loop 410 can lead to intoxication assault charges rather than standard DWI. Intoxication assault is a third-degree felony: 2 to 10 years in TDCJ and up to a $10,000 fine. Cases involving multiple injured people can involve multiple counts. These cases require the DWI defense analysis plus a separate evaluation of the collision causation evidence.
DWI Defense Resources | San Antonio & Bexar County
San Antonio Criminal Defense Hub
Full practice area overview for San Antonio and Bexar County, all charge types and court information.
Drug Charges Defense
Fourth Amendment stop issues in IH-35 and IH-10 drug arrests in Bexar County.
Assault Defense
Simple, aggravated, family violence, and assault with a deadly weapon in Bexar County courts.
Expungement
A dismissed DWI may qualify for expunction under Texas Chapter 55, depending on the disposition. Eligibility evaluation at no charge.
What Our Clients Say
Read reviews from clients across Bexar County, Hays County, Travis County, and Central Texas who have worked with The Hull Firm.
“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady, the whole team.”
“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”
“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”
Client reviews describe individual experiences. Past results do not guarantee or predict a similar outcome.
DWI Arrest in San Antonio or Bexar County? Call Us Now.
The ALR hearing-request deadline is short. Video-retention periods vary by agency. The legality of the stop is one of the first issues to evaluate. Call 210-899-0732, 24 hours a day, 7 days a week.
For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.