Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Victoria Pearce
Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Three people die per day in Texas due to drunk driving. That statistic from the Texas Department of Transportation sheds light on why DUI/DWI charges are taken seriously in Texas. Not every DUI charge is the same, but how do you know whether you should fight if you’ve been charged?
We’ve pulled together the top 10 DUI lawyers in San Antonio so that you can easily find a legal expert to evaluate your case. Read on for what to expect when you hire a San Antonio DUI lawyer and how your charge can be challenged under DUI/DWI laws in Texas.
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Best DUI Attorneys in San Antonio, TX
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DUI Laws in Texas
Texas law makes it illegal to operate a motor vehicle in a public place while intoxicated. Adults over 21 are charged with driving while intoxicated (DWI), while driving under the influence of alcohol (DUIA) charges are reserved for those under 21 (but minors can be charged as adults as well). If you find yourself pulled over on suspicion of drunk driving, these are the factors that will determine whether you are charged with a crime.
Legal Blood Alcohol Concentration (BAC) in Texas
It is illegal for an adult in Texas to operate a vehicle with a BAC of 0.08 or higher. In addition, a driver can be considered intoxicated if they do not have “normal use of mental or physical faculties” due to any use of alcohol or drugs.
Texas has also adopted zero tolerance laws related to underage drinking. Operating a vehicle with any detectable alcohol in your system can lead to a DUIA charge if you are under the legal drinking age of 21.
Implied Consent Laws in Texas
In Texas, if you are arrested for any offense while driving, you are presumed to have given consent to be tested for intoxication under the state’s implied consent law. Police officers have discretion over the form of test you may have to take, but they are typically breathalyzer or blood tests.
If you refuse to take a test for intoxication, then you will be issued a license suspension notice and your license will be revoked by the Texas Department of Public Safety’s Administrative License Revocation process. A hearing can be requested within 15 days to challenge the license revocation. Suspension periods last between 90 days and two years, and a fee of $125 is required before your license is renewed or reissued.
DUI Penalties in Texas
Texas penalizes DWI offenses with increasing severity based on whether or not you have prior DWI offenses. Penalties are more severe even for a first offense if you are found to have an open container in your vehicle at the time of arrest, or if you have a BAC of 0.15 or higher.
DWI charges start as misdemeanors, but you could be charged with a state jail felony if you have a child under 15 in the vehicle at the time of your arrest. This is true even for first DWI charges.
Penalties for a First Offense
First DUI offenses are charged as misdemeanors, unless a child was present in the vehicle. These are the penalties you could face for a first DWI charge in Texas.
| Penalties | Standard Offense | Open container | Elevated BAC of .15% or higher |
|---|---|---|---|
|
Offense level
|
Class B Misdemeanor
|
Class B Misdemeanor
|
Class A Misdemeanor
|
|
Minimum incarceration
|
three days, but deferred adjudication may be allowed in some cases
|
six days
|
three days
|
|
Maximum incarceration
|
180 days
|
180 days
|
365 days
|
|
Fine
|
Up to $2,000
|
Up to $2,000
|
Up to $4,000
|
|
License Suspension
|
Up to one year
|
Up to one year
|
Up to one year
|
Penalties for Repeat Offenses
DWI penalties increase if you have previously been convicted of DWI. Penalties remain the same for third and additional offenses.
| Penalties | Second Offense | Third Offense Onward |
|---|---|---|
|
Offense level
|
Class A Misdemeanor
|
Third Degree Felony
|
|
Minimum incarceration
|
30 days
|
two years
|
|
Maximum incarceration
|
365 days
|
10 years
|
|
Fine
|
Up to $4,000
|
Up to $10,000
|
|
License Suspension
|
180 days to two years
|
180 days to two years
|
Penalties for DWIs Involving Injuries or Death
DWI offenses that result in the injury or death of another person are enhanced criminal charges. Intoxication assault, meaning the DWI resulted in serious bodily injury, is a third degree felony. Intoxication manslaughter is charged as a second degree felony. Both of these charges carry the potential for higher jail time sentences.
What to Expect After a DUI Arrest in Texas
When you are arrested for drunk driving in Texas, you are required to submit a specimen for breath or blood testing. Refusing a test will cause your driver’s license to be immediately suspended.
The police officer who arrested you will transport you to a local jail or police station for processing. You will be held until an initial arraignment hearing where the details of your arrest and the charges against you will be specified.
Many DWI arrests are eligible for bail. If your case is eligible for bail, then the bail amount will also be set at the arraignment hearing.
After you are released from jail, you still need to deal with the administrative license revocation process. You have 14 days from your arrest date to request an administrative hearing challenging the suspension of your driver’s license. If you do not request a hearing, then your license will be suspended automatically 40 days from the arrest.
How Can an Attorney Help You?
A criminal defense lawyer will evaluate the charges against you and help you navigate the criminal justice system with less stress. This can include taking the following steps:
- Appearing at your arraignment hearing and advocating for lower bail
- Evaluating details from your arrest to identify any procedures that were not followed correctly
- Represent you at all court appearances
- Discussing your case with prosecutors and negotiate a plea arrangement
- Advocating for dismissal of your charges or reduced sentencing
How to Choose the Best DUI Lawyer in San Antonio, TX
If you’ve been charged with DWI in San Antonio, you need to hire a lawyer who has the right skills and experience. Don’t assume you need to hire the first lawyer you speak with and keep an eye out for these details during your search.
- DWI experience. It is not uncommon for criminal defense lawyers to take on a wide range of case types. Make sure the attorney you hire is familiar with DWI laws in Texas and has defended DWI cases before.
- Personality. Being arrested is stressful, so it is important that your lawyer is someone you trust to help you through a difficult situation. Look for someone who you feel comfortable with and who you trust to make the right call on your behalf.
- Reputation. Criminal defense work requires building relationships in the community and with prosecutors. Hiring a lawyer who is well regarded can help smooth the process for your case.
- Case handling. Will your lawyer handle your case entirely themselves, or do they delegate to other lawyers in their firm? Ask how your case will be handled and select a lawyer who will give your case the attention it needs.
Methodology
To come up with the best DUI lawyers in San Antonio in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a lawyer cost for a DUI in Texas?
Lawyer fees for a DWI in Texas can vary from as little as $3,000 to as high as $20,000. Costs usually rise for more complicated cases, with first DWI offenses costing the least. Felony DWI cases can easily cost over $10,000.
In addition to lawyer costs, keep in mind that fines and other fees contribute to the total cost of a DUI case.
Do I need a lawyer for a DWI in Texas?
Even a first DWI charge can lead to jail time and hefty fines. You are not required to hire a lawyer to represent you, but it can greatly improve your chances of having your case dismissed or obtaining a lower sentence. A DWI lawyer can also evaluate your case and is best situated to give you an honest look at what to expect.
How long does a DUI case take in Texas?
It is common for Texas DWI cases to take three to six months before a plea must be entered. For cases that go to jury trial, it usually takes between four months and one year from the plea date to the actual trial.
