Arrested for DWI in San Antonio — What Happens Next and Why Speed Matters
A DWI arrest in Bexar County triggers 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. You have 15 days from the date of arrest to request an ALR hearing to contest the license suspension. Miss that deadline and your license is automatically suspended — 90 days for a first suspension after a failed breath test, 180 days for a refusal. No appeal. No extension. We file the ALR request the day you hire us.
The criminal DWI case is heard at the Cadena-Reeves Justice Center at 300 Dolorosa Street. First and second offense DWI are Class B and Class A misdemeanors prosecuted in the Bexar County Courts at Law. Third offense DWI is a third-degree felony in the Bexar County District Courts. DWI with a child passenger and intoxication assault are felonies at any prior conviction level. The Bexar County DA’s DWI prosecution unit handles all of it.
The defense starts with the stop. The traffic violation that justified pulling you over must be legally sufficient. The field sobriety tests on the side of the road must be properly administered under NHTSA protocol. The breathalyzer must be properly maintained and calibrated. The blood draw chain of custody must be intact. We evaluate all of it from the dashcam and bodycam footage forward. Call 210-692-4913 today.
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Dismissal is the Only Record Protection
Bexar County DWI Charges — Penalties & Consequences
No deferred adjudication for DWI exists in Texas at any level. A conviction is permanent, cannot be sealed, and elevates every future DWI charge.
| Charge | Class | Penalty | Key Consequence |
|---|---|---|---|
| DWI — First OffensePenal Code §49.04 — BAC ≥0.08 or impaired | Class B Misd. | 72 hrs–180 days • $2,000 | Permanent record • License suspension 90–365 days |
| DWI — BAC ≥0.15Penal Code §49.04(d) | Class A Misd. | Up to 1 yr • $4,000 | Mandatory ignition interlock on conviction |
| DWI — Second OffensePenal Code §49.09(a) | Class A Misd. | 30 days–1 yr • $4,000 | Mandatory 72-hr minimum • Prior used for enhancement |
| DWI — Third OffensePenal Code §49.09(b) | 3rd Degree Felony | 2–10 yrs • $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 • $10,000 | Felony regardless of prior history |
| Intoxication AssaultPenal Code §49.07 — serious bodily injury | 3rd Degree Felony | 2–10 yrs • $10,000 | IH-35 / IH-10 collision with injury |
Deferred adjudication is not available for DWI at any charge level under Texas law. A DWI conviction is permanent. No non-disclosure option exists. Dismissal or acquittal followed by expungement is the only path to record protection.
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 strategy.
First-Time DWI Defense
No deferred adjudication exists for DWI in Texas. A first conviction is permanent, cannot be sealed, and elevates every future DWI charge with no time limit. Why dismissal is the only acceptable outcome — and how we pursue it in Bexar County.
First-Time DWI Defense → Intoxilyzer 9000 & Blood Draw ChallengesBAC & Breath Test Defense
A BAC number is a machine output — not self-proving evidence. Intoxilyzer 9000 maintenance records, Bexar County ME blood draw chain of custody, partition ratio science, and retrograde extrapolation challenges.
BAC & Breath Test Challenges → Permanent Record — No Sealing — No ExpungementDWI Conviction Consequences
Full breakdown of every DWI conviction level in Texas — criminal sentence, DPS surcharges, license suspension, CDL impact, ignition interlock, and why the first conviction creates a permanent enhancement platform.
DWI Conviction Consequences → Art. 42A.102(b) — Prohibited StatewideDeferred Adjudication & DWI
Texas law explicitly prohibits deferred adjudication for DWI at every charge level. A conviction is permanent from the moment it enters — it cannot be sealed and enhances every future DWI charge with no time limit. What the statute says, what outcomes do protect your record, and how we pursue dismissal in Bexar County courts.
Deferred Adjudication & DWI → Under 21 — Zero ToleranceDUI Defense (Under 21)
Any detectable alcohol while driving under 21 is a Class C DUI in Texas — no 0.08 threshold, no impairment required. UTSA, St. Mary’s, and Alamo Colleges area enforcement. Financial aid and campus housing consequences.
DUI Defense →
SAPD DWI Enforcement — Where Arrests Happen and What the Defense Looks Like
SAPD runs dedicated DWI enforcement operations with predictable geographic concentrations. The River Walk corridor — Commerce Street, St. Mary’s Strip, the Alamo area — sees the highest weekend DWI arrest volume in the city. SAPD also runs enforcement operations near the AT&T Center and Alamodome on event nights. IH-35 through the city, Loop 410, US-281 North, and Wurzbach Parkway are active enforcement corridors for both SAPD and Bexar County Sheriff’s Office deputies.
Every DWI defense starts with the stop. The traffic violation that gave the officer the legal basis to pull you over must be a real one under Texas Transportation Code. The field sobriety tests administered at the roadside must follow NHTSA protocol specifically — the HGN, Walk and Turn, and One Leg Stand each have specific administration requirements. Deviation from protocol affects the validity of the result. The breathalyzer has a maintenance and calibration history that is obtainable and challengeable. Blood draw results have a chain of custody from the venipuncture to the lab bench that must be unbroken and documented.
We pull the dashcam and bodycam footage the day we are retained. We compare it frame by frame against the officer’s written account. The gaps between what the report says and what the video shows are where the defense lives on most Bexar County DWI cases.
How We Defend DWI Charges in Bexar County
Two proceedings, both require immediate action. ALR filing and Fourth Amendment analysis on day one.
The 15-day administrative license revocation deadline is the first thing we address. We file the ALR hearing request with Texas DPS the same day you retain us. The ALR hearing is completely separate from the criminal case and runs on its own timeline. Missing the deadline is an unrecoverable error.
SAPD dashcam and bodycam footage has specific retention periods before it can be overwritten. We send formal preservation requests and obtain the footage immediately. The video either supports the defense or it doesn’t — either way, we need to know before the prosecution builds its narrative around a version you haven’t seen.
Was the traffic violation that justified the stop real and legally sufficient? We examine the specific Texas Transportation Code statute the officer invoked, the video of the driving behavior, and whether what the report describes is what the camera shows.
We request the officer’s SFST certification records and compare every clue on the HGN, Walk and Turn, and One Leg Stand against NHTSA protocol requirements. San Antonio street and parking lot conditions — uneven surfaces, traffic noise, light interference — are documented as factors affecting test validity.
For breath tests, we examine the Intoxilyzer 9000 maintenance log, calibration records, and operator certification. For blood draws, we examine the chain of custody from collection through the Bexar County Medical Examiner’s lab analysis. Either category of challenge can create reasonable doubt or support suppression.
Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how this office evaluates its DWI files, what it considers a clean case versus a vulnerable one, and how to present documented Fourth Amendment arguments that move cases toward dismissal.
DWI Defense in Bexar County — Former Prosecutors, Local Courts
Mark Hull has defended criminal cases in Bexar County and Central Texas courts for over 20 years. ALR hearings and suppression motions on DWI cases require the same evidentiary preparation and legal rigor as trial.
Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how the Bexar County DA’s DWI unit evaluates its cases, what evidence it leans on, and what documented suppression arguments create real leverage toward dismissal. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Bexar County and Central Texas courts.
Mark Hull and Allison Tisdale both prosecuted criminal cases in Texas courts before joining the defense. They know how the Bexar County DA’s office builds cases — and where they fall apart.
Cadena-Reeves Justice Center — Bexar County Courts at Law and District Courts. We appear in these courts regularly. We know the judges, the prosecutors, and how the dockets move.
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 specific Texas law and Bexar County court details.
Call 210-692-4913 immediately. Do not make any statements to SAPD beyond your name. Do not consent to additional searches. Write down everything you remember about the stop: where it happened, what the officer said you did, the sequence of the stop, road conditions, and whether you were given a DIC-25 notice. The 15-day ALR deadline starts today. Dashcam footage has a retention window. The sooner we are involved, the more complete the defense we can build.
When the officer issued you a DIC-25 notice at the scene of your DWI arrest in Bexar County, the Administrative License Revocation clock started. You have 15 days from that notice to request a hearing with the Texas Department of Public Safety. If you miss the deadline, your license is automatically suspended — 90 days for a first failed breath test, 180 days for a refusal. No extension, no appeal. We file the request the day you retain us. Call 210-692-4913.
Yes. We have achieved DWI dismissals in the Bexar County Courts at Law through Fourth Amendment suppression motions, SFST administration challenges, Intoxilyzer maintenance challenges, and blood draw chain of custody problems. The stop that led to the arrest is the first thing we evaluate. If the traffic stop lacked reasonable articulable suspicion, the entire DWI investigation that followed is suppressible.
No. Texas law explicitly prohibits deferred adjudication for DWI at any charge level — Bexar County included. A DWI conviction is permanent from the moment it enters. It cannot be sealed through non-disclosure and can be used to enhance any future DWI charge regardless of how many years have passed. Dismissal or acquittal followed by expungement under Texas Chapter 55 is the only outcome that protects your record on a DWI. Full breakdown of deferred adjudication, what the statute says, and what defense strategies actually work →
The DIC-25 notice the officer issued at the scene initiates the Administrative License Revocation process, which is completely separate from the criminal case. You have 15 days to request a hearing. If you do nothing, your license is suspended automatically at day 16. We fight the ALR hearing to protect your driving privileges while the criminal case is pending. Winning the ALR hearing does not end the criminal case, but losing it costs you your license immediately.
Intoxication assault under Penal Code §49.07 is charged when a person operating a vehicle while intoxicated causes serious bodily injury to another person by accident or mistake. In San Antonio, IH-10, IH-35, and Loop 410 accidents involving injury frequently trigger intoxication assault charges rather than standard DWI. Intoxication assault is a third-degree felony: 2 to 10 years in TDCJ and a $10,000 fine. When two or more people are injured, the charges stack. 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 challenges on 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 can be expunged under Texas Chapter 55. Eligibility evaluation at no charge.
What Our Clients Say
5.0 stars • 363 Google reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.
“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. I see exactly why they received multiple awards for best law firm in the state.”
“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.”
DWI Arrest in San Antonio or Bexar County? Call Us Now.
The 15-day ALR deadline starts at arrest. The dashcam footage has a retention window. The stop that led to your arrest may not have been legally justified. Call 210-692-4913 — 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.