First-Time DWI Defense San Antonio

First-Time DWI in Bexar County | What You Are Actually Facing

A standard first-offense DWI in San Antonio under Penal Code §49.04 is a Class B misdemeanor: a minimum of 72 hours of confinement, up to 180 days, and a fine up to $2,000. A BAC allegation of 0.15 or higher can increase a standard first DWI from a Class B misdemeanor to a Class A misdemeanor. The criminal sentence is only part of the picture. A conviction can also create record consequences, a possible license suspension through the Texas DPS Administrative License Revocation process or the criminal case, SR-22 insurance requirements, and increased auto insurance costs.

An important point many people do not know: deferred adjudication may be available for some qualifying first-offense DWI cases under Texas Code of Criminal Procedure Article 42A.102. Statutory exclusions apply, including certain cases involving a BAC of 0.15 or higher, a commercial driver’s license or commercial learner’s permit, and repeat-offense enhancement. Some qualifying DWI dispositions may later 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, so the options should be evaluated before any plea.

A San Antonio DWI lawyer evaluates the traffic stop first. The stop must be legally justified under the Fourth Amendment. Field sobriety tests on the shoulder of IH-35, Loop 410, or a San Antonio street should be evaluated against NHTSA administration standards. Intoxilyzer 9000 maintenance and calibration records can be reviewed. The firm evaluates these issues starting with dashcam and bodycam footage. Call 210-899-0732.

DWI 1st, San Antonio / SAPDDismissed

DWI 1st, IH-35 Bexar Co.Dismissed

DWI 1st, Loop 410 SADismissed

DWI 1st BAC 0.15+, SADismissed

DWI 1st, BCSO StopDismissed

DWI 1st, Reduced / DismissedReduced

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.

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Why a First DWI in Texas Deserves a Full Defense

The criminal sentence is only one part. Here is what a first-offense DWI can involve.

Consequence	Detail	Duration / Impact
Criminal ConvictionClass B Misd. (Class A if BAC ≥0.15)	Can appear on background checks	Some qualifying Class B DWI convictions may later be eligible for nondisclosure
Deferred AdjudicationArt. 42A.102, qualifying cases	May be available for some qualifying first-offense DWIs	Excluded for certain cases, including BAC 0.15+, CDL/CLP holders, and §49.09 enhancement
License SuspensionTexas Transportation Code Ch. 524 and 724	ALR suspension: generally 90 days (first qualifying test failure) or 180 days (first refusal)	Generally takes effect 40 days after notice is served if no timely hearing request is made
Ignition InterlockGenerally required if BAC ≥0.15 or repeat offense	IID installation may be ordered	Duration set by court
Enhanced Future DWIPenal Code §49.09, prior conviction	A prior qualifying DWI conviction can affect the charge level or punishment range in a future intoxication case	Texas does not apply a lookback period to DWI enhancement
Employment ImpactBackground check visibility	CDL disqualification • Professional license issues • Security clearance	Depends on disposition, employer, and licensing rules

A prior qualifying DWI conviction in Texas can be used for enhancement in a future intoxication case, and Texas does not apply a lookback period for that purpose. Some qualifying DWI dispositions may be eligible for an order of nondisclosure, which limits public access to the record but does not erase it for all purposes.

First-time DWI defense San Antonio, 15-day ALR deadline and Fourth Amendment stop challenge Bexar County courts

After a First DWI Arrest in Bexar County | Two Separate Timelines

The ALR timeline. 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 a breath-test refusal or failure case, the officer often serves the notice at arrest. In a blood-test case, the notice may arrive later, after the lab result. If no timely request is made, the suspension generally takes effect 40 days after the notice is served: 90 days for a first qualifying test failure, 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 case timeline. The first DWI setting in the Bexar County Courts at Law at the Cadena-Reeves Justice Center often occurs within weeks of arrest, though timing varies. The Bexar County Criminal District Attorney’s Office will generally have the incident report and any test results. Earlier involvement allows more time to request and analyze the dashcam footage, bodycam footage, Intoxilyzer 9000 maintenance records, and the officer’s SFST training history.

Both proceedings can run at the same time, and both are time-sensitive. Call 210-899-0732 to discuss your case.

First-time DWI defense attorneys San Antonio, Mark Hull and Allison Tisdale defending first offense DWI in Bexar County

How We Defend a First-Time DWI in Bexar County

The same systematic review applies regardless of charge level. Because a first DWI conviction can affect a future intoxication case, a first-offense charge deserves a full defense evaluation.

01

Address the ALR deadline

When an ALR suspension applies, the firm works to submit the hearing request before the applicable deadline, which generally runs 15 days after the suspension notice is served or received. The license proceeding runs on a separate timeline from the criminal case.

02

Request and review available video

SAPD and BCSO dashcam footage, bodycam footage, and any available traffic camera footage are subject to retention periods that vary by agency and system. Where appropriate, the firm sends preservation requests promptly. Differences between the officer’s report and the video can be central to the Fourth Amendment analysis.

03

Evaluate the traffic stop for constitutional issues

Most first-time DWI cases in San Antonio begin with a traffic stop, though some begin with a crash investigation or other encounter. The basis for the stop must be legally sufficient. The firm examines the violation alleged, the video of the driving behavior, and whether any extension of the stop was legally justified.

04

Review the SFST administration

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. Uneven surfaces, passing traffic, and poor lighting can be relevant.

05

Review the breath or blood evidence

Breath test results can be evaluated against Intoxilyzer 9000 maintenance, calibration, and operator certification records. Blood evidence can be reviewed for the warrant, collection, chain of custody, and laboratory analysis. The firm requests the relevant records in appropriate cases.

06

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.

Texas DWI Law | What Penal Code §49.04 Actually Says

Texas law defines intoxication in two alternative ways. The prosecution only needs to prove one. Both can be examined.

Texas DWI law Penal Code 49.04, intoxication definition and first offense defense in San Antonio Bexar County

Definition 1: The per se standard. A person is intoxicated if their alcohol concentration was 0.08 or higher. The prosecution typically relies on a breath or blood test result. The defense can examine whether the test was properly administered, whether the equipment was properly maintained, and how the result relates to the time of driving, since testing often occurs later.

Definition 2: The impairment standard. A person is intoxicated if they did not have the normal use of their mental or physical faculties by reason of the introduction of alcohol, a drug, or another substance into the body. The prosecution typically relies on the officer’s observations and SFST results. The defense can examine whether the SFSTs were properly administered, whether observed clues may have other explanations such as fatigue, medication, or a physical condition, and whether the officer’s training supports the interpretation.

The prosecution can pursue both theories at once, and both can be examined. The evaluation focuses on the evidence: how it was gathered, how it was tested, and what it actually shows.

First-Time DWI Defense in Bexar County | Why the First One Matters

Mark Hull has more than 20 years of Texas criminal defense experience, including first-time DWI cases in Bexar County. A first DWI conviction can affect the charge level in a future intoxication case, so it warrants careful preparation.

Allison Tisdale is a former Travis County DWI prosecutor. Her prior prosecutorial experience informs the defense team’s review of Fourth Amendment, SFST, and BAC issues. We have secured over 960 dismissals or rejected cases since 2021. Past results do not guarantee or predict a similar outcome.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ 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

First-Time DWI FAQ | San Antonio & Bexar County

Common questions about first-offense DWI in Bexar County, answered with Texas law and local court details.

What is the penalty for a first DWI in San Antonio?+

A standard first-offense DWI in Bexar County is a Class B misdemeanor under Penal Code §49.04: a minimum of 72 hours of confinement, up to 180 days, and a fine up to $2,000. A conviction can also bring a driver’s license suspension, insurance consequences, and a criminal record. Some qualifying first-offense cases may be eligible for deferred adjudication, and some qualifying DWI dispositions may later be eligible for nondisclosure. If the alleged BAC was 0.15 or higher, the charge is generally a Class A misdemeanor with a fine up to $4,000, and an ignition interlock device may be required.

Is there deferred adjudication for a first DWI in Texas?+

Sometimes. 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 deferred adjudication is offered in a particular case also depends on the prosecutor and the court.

What is the 15-day ALR deadline and why does it matter?+

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 no timely request is made, the suspension generally takes effect 40 days after the notice is served: 90 days for a first qualifying test failure, 180 days for a first refusal. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline.

Can a first-time DWI in Bexar County be dismissed?+

A first 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 was not legally justified, evidence obtained as a result may be subject to suppression, and the effect depends on what independent evidence remains. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases. Past results do not guarantee or predict a similar outcome.

Does a first DWI affect my CDL or professional license?+

It can. A DWI conviction generally disqualifies a commercial driver’s license holder from operating a commercial vehicle for one year on a first offense, with longer disqualification for a second offense. CDL and CLP holders are also excluded from DWI deferred adjudication. For holders of professional licenses such as nursing, teaching, law, medicine, or real estate, a DWI may trigger licensing board reporting or review depending on the board’s rules. These collateral consequences are separate from the criminal sentence and the DPS license suspension, and they depend on the disposition.

Are DPS surcharges still required after a DWI?+

No. Texas repealed the Driver Responsibility Program effective September 1, 2019. DWI cases can still involve fines, court costs, driver’s license consequences, insurance costs, ignition-interlock costs, education or treatment requirements, and other expenses.

What happens to a first DWI charge if I refused the breath test?+

A refusal generally has two consequences: the ALR suspension is generally 180 days for a first refusal (compared with 90 days for a first qualifying test failure), and the refusal may be admissible in the criminal case. Officers can also seek a search warrant for a blood sample after a refusal, so blood evidence may still be obtained. A refusal does not prevent prosecution; it can change the type of evidence and the ALR consequences. The Fourth Amendment analysis and any blood-evidence review remain available.

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.

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210-899-0732

First-Time DWI in San Antonio | Bexar County

First-Time DWI in Bexar County | What You Are Actually Facing

Selected First-Offense Results

Why a First DWI in Texas Deserves a Full Defense

After a First DWI Arrest in Bexar County | Two Separate Timelines

How We Defend a First-Time DWI in Bexar County

Texas DWI Law | What Penal Code §49.04 Actually Says

First-Time DWI Defense in Bexar County | Why the First One Matters

First-Time DWI FAQ | 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

First DWI in San Antonio? Talk to a Lawyer Before You Decide.

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