DWI Conviction in Texas — What It Means in Bexar County

A DWI conviction in Texas is permanent, cannot be sealed, and has no expiration date for enhancement purposes. Every future DWI you face will be elevated by this one. Understanding exactly what a conviction costs — and why avoiding it entirely is the only acceptable outcome — is the starting point for every DWI defense we take in Bexar County. Former Travis County DWI prosecutor on staff. Over 930 dismissals or rejected cases since 2021. Call 210-692-4913.

✓ No Deferred Adjudication for DWI✓ Permanent Record Consequences✓ Bexar County Courts✓ Available 24/7
Litigator of the Year 2023 — DWI conviction defense attorney San Antonio Bexar CountyMark Hull
Expertise.com Best DWI Lawyers San Antonio — DWI conviction consequences Bexar CountyMark Hull*
National Trial Lawyers Top 100 — DWI defense attorney San Antonio TexasMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor DWI defense San AntonioAllison Tisdale — 2022
Lawyers of Distinction — DWI conviction defense attorney Bexar County San AntonioMark Hull
Criminal Defense Top 10 — DWI conviction defense San Antonio Bexar County TexasMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

What a DWI Conviction in Texas Actually Means — And Why There Is No Good DWI Plea

A DWI conviction in Texas is unlike almost every other criminal conviction in the state. It cannot be placed on deferred adjudication — meaning there is no probationary period that leads to dismissal. It cannot be sealed through an order of non-disclosure after conviction. It cannot be expunged after a conviction. The moment a judge accepts a DWI guilty plea at the Cadena-Reeves Justice Center or a Bexar County jury returns a guilty verdict, the conviction is permanent. It will appear on background checks for life. It will be used to elevate every future DWI regardless of how many years pass. And it immediately triggers a cascading set of legal, financial, and professional consequences that extend far beyond the criminal sentence.

Most people assume that pleading to a DWI — especially a first offense — is a manageable outcome. It is not. The criminal sentence — a few days in jail, a modest fine — is the smallest part of the total cost. The SR-22 insurance requirement will substantially increase auto insurance premiums for years. A CDL holder loses their commercial license for a year on the first DWI and permanently on the second. Certain professional licenses trigger review boards. And the conviction creates a permanent enhancement platform for any future DWI you face — no matter how long from now.

Dismissal or acquittal followed by expungement under Texas Chapter 55 is the only outcome that avoids all of this. That is why we pursue dismissal as the primary goal on every DWI case we take in Bexar County — not damage control, not a favorable plea, not avoiding jail time. Dismissal. Call 210-692-4913 the day of the arrest.

DWI Defense Results — Bexar County

Dismissal Is the Only Acceptable Goal

DWI 1st — San AntonioDismissed
DWI 2nd — Bexar CountyDismissed
Felony DWI 3rd — Bexar Co.Dismissed
DWI w/ Child — San AntonioDismissed
DWI BAC 0.15+ — BexarDismissed
DWI 2nd — BCSO StopReduced

Past outcomes do not guarantee future results. Every case is evaluated on its individual facts.

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Two Facts About Texas DWI Law That Change Everything

Most defendants don’t know these until after they’ve already made a decision they can’t undo.

✗ No Deferred Adjudication for DWI — Ever

Texas Code of Criminal Procedure Art. 42A.102 explicitly prohibits deferred adjudication for DWI offenses. For virtually every other criminal charge in Texas — assault, drug possession, theft — defendants can complete a probationary period and have the charge dismissed without a conviction. For DWI, this option does not exist at any charge level. A DWI plea is a DWI conviction, immediately and permanently.

✗ No Non-Disclosure or Expungement After Conviction

Government Code §411.072 — which allows non-disclosure orders for many completed deferred adjudications — specifically excludes DWI. An expunction under Texas Chapter 55 requires either a dismissal, an acquittal, or a successful completion of deferred adjudication. A DWI conviction qualifies for none of these. Once convicted of DWI in Texas, the record is permanent on all background checks.

DWI Conviction Penalties in Texas — Every Charge Level

The criminal sentence is only the starting point. Every level of DWI conviction in Texas carries consequences that extend far beyond the courtroom.

Charge LevelCriminal SentenceLicense / FinancialRecord Consequences
DWI 1st — Class BPenal Code §49.0472 hrs–180 days • $2,000 fine90–365-day suspension • SR-22 requiredPermanent • No sealing • Enhances future DWI
DWI 1st BAC ≥0.15 — Class APenal Code §49.04(d)Up to 1 yr • $4,000 fineIID required • SR-22 requiredPermanent • No sealing • Enhances future DWI
DWI 2nd — Class APenal Code §49.09(a)30 days–1 yr (mandatory 30) • $4,000180 days–2 yr suspension • IID requiredPermanent • CDL 5-yr disqualification • Enhances to felony
DWI 3rd — 3rd Degree FelonyPenal Code §49.09(b)2–10 yrs TDCJ • $10,000180 days–2 yr suspension • IID requiredFelony record • Voting rights • Firearm rights
DWI w/ Child — SJFPenal Code §49.045180 days–2 yrs state jail • $10,000180 days–2 yr suspension • CPS referralFelony record • Regardless of prior history
Intoxication Assault — 3rd DegreePenal Code §49.072–10 yrs TDCJ • $10,0002-yr suspension minimumFelony record • Civil liability exposure
DWI conviction defense attorneys San Antonio — Mark Hull and Allison Tisdale fighting DWI charges before conviction in Bexar County

How We Fight a DWI Before It Becomes a Conviction in Bexar County

The goal is always dismissal or acquittal. These are the six ways we pursue it on every Bexar County DWI case.

01
File the ALR request and protect driving privileges immediately

The 15-day ALR window closes fast. We file the request with Texas DPS the day you retain us. The ALR proceeding and the criminal case run simultaneously — both require attention from day one.

02
Evaluate the traffic stop for Fourth Amendment violations

Most Bexar County DWI arrests begin with a traffic stop. The stop requires reasonable articulable suspicion. If the stop lacked legal justification, a suppression motion under Texas Code of Criminal Procedure Art. 38.23 can exclude everything that followed.

03
Challenge the field sobriety test administration

HGN, Walk and Turn, and One Leg Stand each have specific NHTSA protocol requirements. We pull the officer’s SFST certification records and examine every clue on the video against the protocol. Test conditions on San Antonio streets — uneven pavement, passing traffic, inadequate lighting — are specifically documented.

04
Challenge the BAC evidence on technical grounds

Intoxilyzer 9000 maintenance records, calibration logs, operator certification, and the 15-minute observation period are all obtainable and challengeable. Blood draw cases get the same treatment on chain of custody from venipuncture through the Bexar County ME’s lab analysis.

05
Engage the Bexar County DA’s DWI unit early with documented arguments

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how this office evaluates its files, what evidence it considers vulnerable, and what documented arguments produce dismissal before the case reaches a hearing date.

06
Prepare for trial when the evidence supports it

When the Fourth Amendment argument is strong, we hold the line and try the case. When the BAC challenge is credible, we take it to a suppression hearing. Mark Hull has tried DWI cases in Bexar County, Hays County, and Travis County courts for over 20 years. Being prepared to try means the prosecution cannot count on forcing a plea.

DWI Conviction Defense — Former Prosecutors, Bexar County

Mark Hull has defended DWI cases in Bexar County courts for over 20 years. A DWI case that reaches the plea table without full preparation becomes a permanent conviction.

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 evidence, where it considers its cases vulnerable, and what documented legal arguments produce dismissals in Bexar County courts. We carry a 5.0 rating across 363 Google reviews and Over 930 dismissals or rejected cases since 2021.

Former State Prosecutors on Staff

Mark Hull and Allison Tisdale both prosecuted DWI cases. They know how the Bexar County DA’s office builds Bexar County DWI prosecutions — and where they fall apart.

20+ Years in Bexar County Courts

Regular appearances in the Cadena-Reeves Justice Center — Bexar County Courts at Law and District Courts. We know the DWI unit prosecutors and how the docket moves.

Over 930 dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County, and surrounding Central Texas courts.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Bexar County Courts

DWI Conviction Questions — San Antonio & Bexar County

What people ask us most often after a DWI arrest in Bexar County — the honest answers.

Because it does not exist for DWI in Texas. Texas Code of Criminal Procedure Art. 42A.102 explicitly prohibits courts from granting deferred adjudication probation for any DWI offense regardless of charge level, prior history, or individual circumstances. This is one of the most important facts about Texas DWI law and one of the least understood. A DWI plea is a DWI conviction, immediately and permanently.

Not after a conviction. Texas Chapter 55 expungement is available for dismissed charges, acquittals, and certain deferred adjudication completions. A DWI conviction qualifies for none of these because deferred adjudication is not available for DWI. If your DWI is dismissed or you are acquitted, expungement is available and we handle the filing. If you have a DWI conviction, there is no path to record clearing in Texas.

A CDL holder convicted of DWI in Texas is disqualified from operating a commercial motor vehicle for one year on a first DWI offense. A second DWI conviction results in a lifetime CDL disqualification. Even if the DWI occurred in a personal vehicle rather than a commercial vehicle, the disqualification applies. For commercial drivers, the CDL consequences are often more economically significant than the criminal sentence itself.

Permanently. A DWI conviction in Texas never falls off your criminal record. It will appear on background checks for the rest of your life. It will be used to enhance any future DWI charge regardless of how many years pass between offenses. There is no Texas equivalent to the expiration rules that some other states use for DWI convictions. The only outcome that avoids this is dismissal or acquittal.

Intoxication assault under Penal Code §49.07 is charged when a DWI defendant causes serious bodily injury to another person by accident or mistake while intoxicated. It is a third-degree felony: 2 to 10 years in TDCJ and a $10,000 fine. On IH-10, IH-35, and Loop 410, accidents involving injury frequently trigger intoxication assault charges rather than standard DWI. Multiple injury victims produce multiple counts. Intoxication assault is a felony conviction with all the permanent record consequences that apply to felony convictions in Texas.

What Our Clients Say

5.0 stars • 363 Google reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.

RL
Ronnicka Lopez
★★★★★
Google

“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.”

BS
Blake Shires
★★★★★
Google

“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.”

SH
Shawn Hallman
★★★★★
Google

“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.”

Facing a DWI in San Antonio? The Time to Avoid a Conviction Is Now.

A DWI conviction is permanent, cannot be sealed, and will enhance every future DWI you face. The time to fight it is before it enters — not after. 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.

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