First-Time DWI Defense San Antonio

First-Time DWI in Bexar County — What You’re Actually Facing

A first-offense DWI in San Antonio under Penal Code §49.04 is a Class B misdemeanor: a minimum of 72 hours in Bexar County jail, up to 180 days, and a fine up to $2,000. Those numbers describe the criminal sentence. They do not describe the full consequences of a conviction — which include a permanent criminal record that appears on background checks, a mandatory license suspension of 90 to 365 days through the Texas DPS Administrative License Revocation process, a Texas DPS surcharge of up to $2,000 per year for three years to maintain your license after reinstatement, and SR-22 insurance requirements that will significantly increase your auto insurance premiums for years.

The critical fact most people don’t know: Texas law does not allow deferred adjudication for DWI at any charge level. Deferred adjudication — which is available for nearly every other criminal offense — lets a defendant complete probation and have the charge dismissed without a conviction. For DWI, that option does not exist. When you plead to a DWI, the conviction enters immediately and permanently. There is no path back from a DWI conviction through probation, treatment programs, or good behavior. Dismissal or acquittal is the only outcome that keeps your record clean.

The defense starts with the traffic stop. The stop must be legally justified under the Fourth Amendment. The field sobriety tests on the shoulder of IH-35, Loop 410, or a San Antonio street must be administered under NHTSA protocol. The Intoxilyzer 9000 must be properly maintained and calibrated. We evaluate all of it from dashcam and bodycam footage forward. Call 210-692-4913 the day of the arrest.

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

✓ Payment Plans Available
✓ San Antonio Office
✓ Affordable Fees
✓ Award-Winning Firm

Get a free, confidential case evaluation →

Why There’s No Such Thing as “Just a First DWI” in Texas

The criminal sentence is the smallest part. Here is what a first-offense DWI conviction actually costs.

Consequence	Detail	Duration / Impact
Criminal ConvictionClass B Misd. — permanent record	Appears on background checks immediately	Permanent • Cannot be sealed or expunged after conviction
No Deferred AdjudicationTexas law prohibits for DWI	Plea = immediate permanent conviction	No probation-to-dismissal path exists at any level
License SuspensionTexas Transportation Code §524	ALR suspension: 90–180 days (failure) or 180 days (refusal)	Starts 40 days after arrest if ALR not requested
Ignition InterlockRequired if BAC ≥0.15 or 2nd offense	Mandatory IID installation on all vehicles	Duration set by court
Enhanced Future DWIPenal Code §49.09 — prior conviction	Any future DWI elevated by this conviction	Permanent • No time limit on enhancement
Employment ImpactBackground check visibility	CDL disqualification • Professional license issues • Security clearance	Permanent visibility on most background checks

A first-offense DWI conviction in Texas can be used to enhance any future DWI charge regardless of how many years pass. There is no lookback period — a DWI conviction from 20 years ago still elevates your next DWI to a higher charge level.

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 Clocks

The 15-day ALR clock. When the SAPD or BCSO officer confiscated your license and issued a DIC-25 notice at the scene, the Administrative License Revocation clock started. You have exactly 15 days from the date of that notice to request a hearing with the Texas DPS to contest the suspension. Miss the deadline and your license is automatically suspended at day 40 — 90 days for a first failed breath test, 180 days for a refusal. We file the ALR request the day you retain us.

The criminal case clock. Your first DWI appearance in the Bexar County Courts at Law at the Cadena-Reeves Justice Center typically happens within a few weeks of arrest. The Bexar County DA’s DWI prosecution unit will have the SAPD incident report and any breathalyzer results from the outset. The earlier we are retained, the more time we have to obtain and analyze the dashcam footage, the bodycam footage, the Intoxilyzer 9000 maintenance records, and the officer’s SFST certification history before anything is locked in.

Both proceedings run simultaneously and both require attention from day one. Call 210-692-4913 today — not after you’ve had time to think about it. Every day matters on both clocks.

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

Same systematic approach we use on every DWI regardless of charge level. The first DWI conviction is the one that opens the door to every elevated charge after it — it deserves the full defense.

01

File the ALR request the day you call

The 15-day window is the first priority on every Bexar County DWI. We file the ALR request with Texas DPS the day you retain us — no exceptions. Protecting your license while the criminal case is pending is a separate fight that runs on a separate timeline.

02

Pull and review all video before retention windows close

SAPD and BCSO dashcam footage, bodycam footage, and any available traffic camera footage have specific retention windows. We issue formal preservation demands immediately. The gap between what the officer’s report says and what the video shows is often the center of the Fourth Amendment argument.

03

Evaluate the traffic stop for constitutional violations

Every first-time DWI in San Antonio starts with a traffic stop. The stop must have a legally sufficient basis under Texas Transportation Code. We examine the specific violation alleged, the dashcam of the driving behavior, and whether the officer’s extension of the stop past the traffic purpose was legally justified.

04

Challenge the SFST administration

SAPD and BCSO officers administer the HGN, Walk and Turn, and One Leg Stand under NHTSA protocol. We pull the officer’s SFST certification records and compare every clue against the protocol requirements. San Antonio street and parking lot conditions — uneven surfaces, passing traffic, poor lighting — all affect test validity.

05

Challenge the breathalyzer or blood draw evidence

Breath test results require a properly maintained and calibrated Intoxilyzer 9000 with documented chain of custody from the collection to the result. Blood draw results require an unbroken chain of custody from the venipuncture through the Bexar County ME’s lab analysis. We request the complete maintenance and calibration records on every case.

06

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

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how this office evaluates its first-offense DWI files, what evidence it considers a clean case versus one with suppression exposure, and what documented arguments move cases toward dismissal.

Texas DWI Law — What Penal Code §49.04 Actually Says

The statute defines DWI in two alternative ways. The prosecution only needs to prove one of them. Both are challengeable.

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

Definition 1: The per se standard. You were intoxicated if your blood alcohol concentration (BAC) was 0.08 or above while operating a motor vehicle in a public place. The prosecution proves this with a breath or blood test result. The defense challenges whether the test was properly administered, whether the equipment was properly maintained, and whether the result accurately reflected your BAC at the time of driving — not at the time of testing, which can be significantly later.

Definition 2: The impairment standard. You were intoxicated if you did not have the normal use of your mental or physical faculties by reason of the introduction of alcohol into your body. The prosecution proves this with the officer’s observations and the SFST results. The defense challenges whether the SFSTs were properly administered, whether the observed clues were actually caused by alcohol or by something else (fatigue, medication, a physical condition), and whether the officer’s training and certification supports their interpretation.

The prosecution can charge both theories simultaneously. We challenge both. The key insight: proving impairment is harder than proving a number, and the per se BAC number is only valid if the testing equipment was properly maintained and the collection was properly conducted. Both paths lead to the same challenge — the evidence.

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

Mark Hull has defended first-time DWI cases in Bexar County for over 20 years. The first DWI conviction is the one that enables every elevated DWI charge for the rest of your life. Fighting it with the same preparation we bring to every case level is not optional — it is the only defensible approach.

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining the defense. She knows how the Bexar County DA’s DWI prosecution unit evaluates its first-offense files, what it considers a strong case, and what documented Fourth Amendment and BAC challenge arguments move cases toward dismissal. We carry a 5.0 rating across 363 Google reviews and have secured Over 930 dismissals or rejected cases since 2021.

◆ Trial-Tested Criminal Defense

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

◆ 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

First-Time DWI FAQ — San Antonio & Bexar County

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

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

A first-offense DWI in Bexar County is a Class B misdemeanor under Penal Code §49.04: a minimum of 72 hours in Bexar County jail, up to 180 days, and a fine up to $2,000. On top of that: a 90 to 365-day license suspension through the ALR process, a Texas DPS surcharge of up to $2,000 per year for three years, and a permanent criminal record that cannot be sealed or expunged after a conviction. If your BAC was 0.15 or above, the charge is a Class A misdemeanor with a fine up to $4,000 and mandatory ignition interlock device installation.

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

No. Texas Penal Code explicitly prohibits deferred adjudication for DWI at any offense level. Deferred adjudication allows defendants charged with most criminal offenses to complete probation and have the charge dismissed without a conviction. For DWI, this option does not exist. When you plead to a DWI — any level — the conviction enters immediately and permanently. The only path to keeping your record clean after a DWI is dismissal or acquittal.

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

The officer issued a DIC-25 notice when your license was confiscated at the scene of the DWI arrest. From the date of that notice, you have 15 days to request an Administrative License Revocation hearing with the Texas DPS. Miss the deadline and your license is automatically suspended at day 40 — 90 days for a first failed breath test, 180 days for a refusal. There is no extension and no appeal once the deadline passes. We file the hearing request the day you retain us on every Bexar County DWI case.

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

Yes — and we have dismissed first-offense DWI cases in the Bexar County Courts at Law through Fourth Amendment suppression motions, SFST administration challenges, Intoxilyzer 9000 maintenance challenges, and blood draw chain of custody problems. The traffic stop that led to the DWI investigation must be legally justified. If it wasn’t, the evidence from the investigation is suppressible and the prosecution has no case. Call {SA_PHONE} the day of the arrest — the earlier we start, the more complete the defense.

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

Yes. A DWI conviction disqualifies a commercial driver’s license holder from operating a commercial vehicle for one year on a first offense and permanently on a second DWI offense. For holders of professional licenses — nursing, teaching, law, medicine, real estate — a DWI conviction may trigger a licensing board disciplinary review. These collateral consequences are in addition to the criminal sentence and the license suspension through Texas DPS. Dismissal is the only outcome that avoids all of them.

What is the DPS surcharge and how does it work?+

Texas Transportation Code §708 imposes an annual surcharge on DWI convictions payable to the Texas DPS as a condition of maintaining driving privileges. A first-offense DWI conviction results in a $1,000 per year surcharge for three years (total $3,000). A conviction with a BAC of 0.16 or above triggers a $2,000 per year surcharge for three years (total $6,000). If you do not pay the surcharge, your license is suspended. These surcharges are in addition to the criminal fine and are completely separate from the ALR suspension.

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

Refusing the breath test has two consequences: the ALR suspension is 180 days on a first refusal (versus 90 days for a first failure), and the refusal itself can be introduced as consciousness-of-guilt evidence in the criminal trial. However, SAPD and BCSO routinely obtain blood draw warrants under Texas Transportation Code §724.017 when defendants refuse — meaning the blood draw evidence is often obtained regardless. A refusal does not prevent prosecution; it changes the evidence type and the ALR timeline. The Fourth Amendment analysis and the blood draw chain of custody challenge are both still available.

DWI Defense Resources — San Antonio & Bexar County

Related pages covering DWI defense in Bexar County courts.

San Antonio DWI Lawyer

DWI defense hub — all charge levels, ALR process, and defense strategy for Bexar County.

BAC & Breath Test Challenges

Intoxilyzer 9000, blood draw chain of custody, and partition ratio challenges in Bexar County.

First-Time DWI Defense

First offense in San Antonio — no deferred adjudication, permanent record, full defense.

DWI Conviction Consequences

Full penalty breakdown for every DWI level — license, record, employment, and CDL.

DUI Defense (Under 21)

Zero tolerance DUI — any detectable alcohol is enough. UTSA and UISD area cases.

Drug Charges Defense

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

Expungement San Antonio

Clearing a dismissed DWI permanently under Texas Chapter 55.

San Antonio Criminal Defense

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

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.”

210-692-4913

First-Time DWI in San Antonio — Bexar County

First-Time DWI in Bexar County — What You’re Actually Facing

Dismissal Is the Only Record Protection

Why There’s No Such Thing as “Just a First DWI” in Texas

After a First DWI Arrest in Bexar County — Two Separate Clocks

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 Most

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? The Time to Act Is Now.