DWI Conviction Consequences San Antonio

Q: What is intoxication assault and how is it charged in San Antonio?

Intoxication assault under Penal Code Section 49.07 can be charged when a person operating a vehicle while intoxicated causes serious bodily injury to another person by accident or mistake. It is a third-degree felony: 2 to 10 years in TDCJ and up to a $10,000 fine. Collisions with injury on IH-10, IH-35, and Loop 410 can lead to intoxication assault charges rather than standard DWI. Cases with multiple injured people can involve multiple counts. Intoxication assault is excluded from deferred adjudication under Article 42A.102.

What a DWI Conviction in Texas Actually Means | And Why Every Option Should Be Evaluated Before a Plea

A DWI conviction in Texas can carry consequences that extend well beyond the criminal sentence. A DWI conviction generally cannot be expunged. Some qualifying Class B DWI convictions may be eligible for an order of nondisclosure, which limits public access to the record, after a waiting period and if other statutory requirements are met. Deferred adjudication may be available for some qualifying DWI offenses under Code of Criminal Procedure Article 42A.102, but statutory exclusions apply. A prior qualifying DWI conviction can affect the charge level or punishment range in a future intoxication case, and Texas does not apply a lookback period for that purpose.

Many people assume that pleading to a DWI, especially a first offense, is a manageable outcome. The criminal sentence is often only part of the total cost. SR-22 insurance requirements can increase auto insurance premiums for years. A CDL holder generally faces a one-year commercial disqualification for a first DWI conviction and longer disqualification for a second. Certain professional licenses can trigger board review. Those consequences depend on the disposition, which is why the options matter.

Dismissal, acquittal, reduction, deferred adjudication where available, nondisclosure where available, and other dispositions can have different record consequences. A dismissal or acquittal may allow expunction under Texas Chapter 55 if the statutory requirements are met. The defense should evaluate the evidence, record consequences, and all legally available resolutions before the case is resolved. Call 210-899-0732.

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 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.

✓ Payment Plans Available
✓ San Antonio Office
✓ Free Consultation
✓ Award-Winning Firm

Get a free, confidential case evaluation →

Two Facts About Texas DWI Law Every Defendant Should Understand

These points are often misunderstood, and they matter before any decision about a plea.

Deferred Adjudication May Be Available in Qualifying Cases

Texas Code of Criminal Procedure Art. 42A.102 permits deferred adjudication for some DWI offenses while excluding specified cases. A person charged under Penal Code §49.04 or §49.06 may be ineligible when, among other exclusions, the person held a commercial driver’s license or commercial learner’s permit, the alleged alcohol concentration was 0.15 or higher, or punishment is enhanced under §49.09. Offenses such as §49.045, §49.07, and §49.08 are excluded. Whether deferred adjudication is offered in a particular case also depends on the prosecutor and the court.

Nondisclosure and Expunction Are Different

Some qualifying DWI dispositions may be eligible for an order of nondisclosure under Texas Government Code Chapter 411, Subchapter E-1. Eligibility depends on the offense level, BAC, prior history, disposition, accident circumstances, waiting period, and other statutory requirements. Nondisclosure limits public access to the record but does not erase it. Expunction under Texas Chapter 55 is generally limited to cases that end in dismissal, acquittal, or certain other qualifying outcomes; a DWI conviction generally does not qualify for expunction.

DWI Conviction Penalties in Texas | Every Charge Level

The criminal sentence is only the starting point. Each level of DWI conviction in Texas can carry consequences beyond the courtroom.

Charge Level	Criminal Sentence	License / Financial	Record Consequences
DWI 1st, Class BPenal Code §49.04	72 hrs–180 days • up to $2,000 fine	Possible license suspension • SR-22 may be required	Nondisclosure may be available if qualifying • Can enhance future DWI
DWI 1st BAC ≥0.15, Class APenal Code §49.04(d)	Up to 1 yr • up to $4,000 fine	IID may be required • SR-22 may be required	Excluded from deferred adjudication • Can enhance future DWI
DWI 2nd, Class APenal Code §49.09(a)	30 days–1 yr • up to $4,000	Longer suspension possible • IID generally required	CDL disqualification for a second offense • Can enhance to felony
DWI 3rd, 3rd Degree FelonyPenal Code §49.09(b)	2–10 yrs TDCJ • up to $10,000	Longer suspension possible • IID generally required	Felony record • Firearm and other collateral consequences
DWI w/ Child, SJFPenal Code §49.045	180 days–2 yrs state jail • up to $10,000	License suspension possible • CPS involvement possible	Felony record • Regardless of prior history
Intoxication Assault, 3rd DegreePenal Code §49.07	2–10 yrs TDCJ • up to $10,000	License suspension	Felony record • Civil liability exposure

DWI conviction defense attorneys San Antonio, Mark Hull and Allison Tisdale defending DWI charges in Bexar County

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

The defense evaluates the evidence and every legally available resolution. These are six areas the firm reviews in Bexar County DWI cases.

01

Address the ALR deadline and driving privileges

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 after the lab result. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline.

02

Evaluate the traffic stop for Fourth Amendment issues

Many Bexar County DWI arrests begin with a traffic stop, which generally requires reasonable suspicion. If the stop lacked legal justification, a suppression motion under Texas Code of Criminal Procedure Art. 38.23 may seek to exclude evidence obtained as a result. The effect on the case depends on what independent evidence remains.

03

Review the field sobriety test administration

HGN, Walk and Turn, and One Leg Stand each have NHTSA administration standards. The firm requests the officer’s SFST training records where available and compares the clues on the video with those standards. Uneven pavement, passing traffic, and lighting can be relevant.

04

Review the BAC evidence

Intoxilyzer 9000 maintenance records, calibration logs, operator certification, and the observation period can be requested and reviewed. Blood evidence can be reviewed for the warrant, collection, chain of custody, and laboratory analysis.

05

Present documented arguments to prosecutors

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.

06

Prepare for hearings and trial when appropriate

When the evidence supports it, the firm prepares suppression motions and trial. Mark Hull has more than 20 years of Texas criminal defense experience, including cases in Bexar County, Hays County, and Travis County courts. Trial readiness is part of evaluating every available resolution.

DWI Conviction Defense | Former Prosecutor, Bexar County Courts

Mark Hull has more than 20 years of Texas criminal defense experience, including DWI cases in Bexar County courts. Careful preparation before any plea decision helps ensure the record and enhancement consequences are understood.

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. The firm has secured over 960 dismissals or rejected cases since 2021. Past results do not guarantee or predict a similar outcome.

◆ Former Prosecutor on Staff

Allison Tisdale is a former Travis County DWI prosecutor. Prior prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared.

◆ Regular Practice in Bexar County Courts

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.

◆ 960+ Dismissals or Rejected Cases Since 2021

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

960+Dismissals or Rejected Cases Since 2021

5.0Google Rating

20+Years of Texas Criminal Defense Experience

DWI Conviction Questions | San Antonio & Bexar County

Common questions after a DWI arrest in Bexar County, answered with current Texas law.

Can I get deferred adjudication on my DWI?+

Possibly. 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. Common exclusions include 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. Whether it is offered also depends on the prosecutor and the court.

Can a DWI conviction be expunged or sealed in Texas?+

A DWI conviction generally cannot be expunged. Expunction under Texas Chapter 55 is generally limited to cases that end in dismissal, acquittal, or certain other qualifying outcomes. However, some qualifying DWI dispositions may be eligible for an order of nondisclosure, which limits public access to the record. Eligibility depends on the offense level, BAC, prior history, disposition, accident circumstances, waiting period, and other statutory requirements. Nondisclosure is not the same as expunction.

How does a DWI conviction affect a CDL in Texas?+

A CDL holder convicted of DWI in Texas is generally disqualified from operating a commercial motor vehicle for one year on a first DWI offense, and a second DWI conviction can result in a lifetime disqualification, subject to limited reinstatement rules. The disqualification can apply even if the DWI occurred in a personal vehicle. CDL and CLP holders are also excluded from DWI deferred adjudication. For commercial drivers, these consequences can be more significant than the criminal sentence.

How long does a DWI conviction stay on my record in Texas?+

A DWI conviction does not automatically fall off a Texas criminal record, and a prior qualifying DWI conviction can be used for enhancement in a future intoxication case regardless of how many years have passed. However, some qualifying DWI convictions may be eligible for an order of nondisclosure after a waiting period, which limits public access to the record. Dismissal, acquittal, reduction, deferred adjudication where available, and nondisclosure where available can have different record consequences.

What is intoxication assault and how is it charged in San Antonio?+

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. It is a third-degree felony: 2 to 10 years in TDCJ and up to a $10,000 fine. Collisions with injury on IH-10, IH-35, and Loop 410 can lead to intoxication assault charges rather than standard DWI. Cases with multiple injured people can involve multiple counts. Intoxication assault is excluded from deferred adjudication under Article 42A.102.

DWI Defense Resources | San Antonio & Bexar County

Related pages covering DWI defense in Bexar County courts.

San Antonio DWI Lawyer

DWI defense hub: charge levels, the ALR process, and defense considerations for Bexar County.

BAC & Breath Test Challenges

Intoxilyzer 9000, blood draw chain of custody, and testing issues in Bexar County.

First-Time DWI Defense

First offense in San Antonio: deferred adjudication eligibility, record options, and full defense.

DWI Conviction Consequences

Penalty breakdown for each DWI level: license, record, employment, and CDL.

DUI Defense (Under 21)

Minor DUI under Alcoholic Beverage Code §106.041. UTSA and area cases.

Drug Charges Defense

IH-35 / IH-10 drug stop issues and Fourth Amendment defense in Bexar County.

Expungement San Antonio

When a dismissed DWI may qualify for expunction under Texas Chapter 55.

San Antonio Criminal Defense

Full criminal defense hub for all charge types in Bexar County courts.

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.

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.”

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.”

Client reviews describe individual experiences. Past results do not guarantee or predict a similar outcome.

Cookie	Duration	Description
`cforge_consent` First party	1 year	Stores the visitor's cookie consent choices per category.
`cforge_consent_id` First party	1 year	Stores an anonymous identifier that links the visitor to their consent record.
`comment_author_*` First party	1 year	Remembers the commenter's name.
`comment_author_email_*` First party	1 year	Remembers the commenter's email address.
`comment_author_url_*` First party	1 year	Remembers the commenter's website.
`wordpress_logged_in_*` First party	session	Keeps a logged-in user authenticated.
`wordpress_sec_*` First party	session	Stores authentication details for the admin area.
`wordpress_test_cookie` First party	session	Checks whether the browser accepts cookies.
`wp-settings-*` First party	1 year	Stores admin screen preferences for a user.
`wp-settings-time-*` First party	1 year	Timestamp for the admin screen preferences.
`wp_lang` First party	session	Stores the chosen admin language.

210-899-0732

DWI Conviction in Texas | What It Means in Bexar County

What a DWI Conviction in Texas Actually Means | And Why Every Option Should Be Evaluated Before a Plea

Selected DWI Results

Two Facts About Texas DWI Law Every Defendant Should Understand

DWI Conviction Penalties in Texas | Every Charge Level

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

DWI Conviction Defense | Former Prosecutor, Bexar County Courts

DWI Conviction Questions | San Antonio & Bexar County

DWI Defense Resources | San Antonio & Bexar County

San Antonio DWI Lawyer

BAC & Breath Test Challenges

First-Time DWI Defense

DWI Conviction Consequences

DUI Defense (Under 21)

Drug Charges Defense

Expungement San Antonio

San Antonio Criminal Defense

What Our Clients Say

Facing a DWI in San Antonio? Understand Your Options Before a Conviction Enters.

We value your privacy