DWI Defense Lawyer in San Marcos
Fighting Driving While Intoxicated Charges in Texas
Being convicted of, or even merely charged with, a DWI can severely impact your life. Immediately after your arrest, you face a driver's license suspension, making it difficult to take care of daily tasks. If the court finds you guilty, you could lose your driving privileges, face fines, or risk jail time. Because the consequences of a DWI charge are so severe, you need an experienced and knowledgeable DWI defense lawyer in San Marcos on your side. Solid legal defense can increase your chances of minimizing or avoiding harsh penalties.
These cases often involve technical details and scientific evidence. Prosecutors use field sobriety tests and chemical test results to try to prove guilt. At Smith & Vinson Law Firm, our team knows that scientific measurements have limitations, and many factors may affect the results besides drugs or alcohol. Our San Marcos DWI lawyers examine every detail of your situation to determine what defenses to raise and how to present your case in the strongest way possible.
For the bold and fearless defense you need, schedule a free consultation with our San Marcos DWI lawyers by calling (512) 359-3743.
How Serious Is a DWI in Texas?
A DWI charge in Texas carries serious consequences. Even before your case concludes, you may face penalties that affect your family, education, and job. A conviction creates a permanent criminal record, which can impact job opportunities and future plans. Most people don't realize a DWI conviction can also cause steep insurance premium increases and create a long-term financial burden.
Understanding Texas law matters, because in addition to standard penalties, you could also face community service, alcohol education programs, or court-ordered ignition interlock devices in your vehicle. These penalties limit both personal freedom and professional options. Working with a DWI attorney in San Marcos gives you support in creating a strategy that considers every consequence you might face.
Texas Penal Code § 49.04 defines DWI as operating a vehicle in a public place while intoxicated by alcohol and/or controlled substances. Intoxication means:
- The driver's normal mental or physical faculties were impaired by alcohol and/or drugs, making safe driving impossible; or
- The driver had a blood or breath alcohol concentration of 0.08 or higher.
Generally, first and second DWI violations are misdemeanors, but penalties will depend on the facts of the case.
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Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
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Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
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Case Dismissed DWI
Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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NOT GUILTY DWI
911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.
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Case Dismissed DWI
Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Not Guilty DWI .24 Blood Warrant
Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.
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Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
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Case Dismissed DWI
Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.
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Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.
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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
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Motion to Suppress Granted; Case Dismissed DWI 2nd .209
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Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.
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Motion to Suppress Granted During Trial DWI .11 Blood Warrant
Second jury trial (first hung 4-2 not guilty). State dismissed mid-trial after we won motion to suppress. Client asleep in driver’s seat of parked truck, engine running. Officers claimed alcohol odor from vehicle but couldn’t specify source.
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.
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Case Dismissed DWI
Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.
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Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
FAQs About DWI in San Marcos
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If you find yourself being pulled over under suspicion of DWI in San Marcos, it is crucial to remain calm and collected. First, slow down and pull over to a safe area as soon as possible. Always have your driver’s license, registration, and proof of insurance ready. Keep your hands visible on the steering wheel and be polite to the officer. While you are legally required to provide the requested documents, you are not obligated to answer questions that may incriminate you, such as whether you have been drinking. Politely inform the officer that you choose to decline answering questions. Consider telling the officer that you would like to consult with an attorney as soon as possible. If you are arrested, remember that anything you say may be used against you. Ask to speak with a DWI lawyer immediately to discuss your legal options.
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Hiring a skilled DWI attorney is one of the most effective steps you can take if charged with a DWI in San Marcos. A lawyer will evaluate all aspects of your arrest, including the legality of the traffic stop, the accuracy of field sobriety and chemical tests, and any procedural discrepancies. By challenging the evidence, your lawyer might find grounds for dismissal or reduction of charges. Additionally, San Marcos DWI lawyers have the negotiation skills to arrange plea deals or alternative sentences, such as participating in alcohol education programs, which can mitigate the consequences of a conviction. An attorney will also represent you at DMV hearings regarding your driver's license suspension, trying to prevent or shorten the suspension period. With in-depth knowledge of Texas DWI law and courtroom procedures, your attorney can craft a comprehensive defense strategy aimed at achieving the best possible outcome.
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A DWI conviction extends beyond immediate penalties such as fines or jail time. It may result in significant long-term consequences that can impact various aspects of your life. A criminal record from a DWI conviction can affect your employment opportunities, as many employers conduct background checks and may be hesitant to hire someone with a conviction. It can also impact current employment if your job involves driving. Furthermore, your insurance premiums are likely to increase significantly after a DWI, resulting in long-term financial strain. A DWI conviction can also affect your personal life, potentially leading to restricted travel opportunities, both nationally and internationally, depending on certain countries' entry policies regarding criminal records. Given these potential repercussions, it is crucial to fight a DWI charge with a solid legal defense to minimize its impact on your future.
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In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are distinct offenses that differ mainly by the age of the offender and the level of intoxication. DWI is a charge applied to adults (21 or older) who operate a vehicle while impaired by alcohol or drugs, with a BAC of 0.08% or higher. On the other hand, DUI is specific to minors (under 21) who drive with any detectable level of alcohol in their system, not requiring a BAC of 0.08% or more. The consequences also vary significantly; while a DWI involves potential penalties like hefty fines, jail time, and license suspension, a DUI for minors often results in fines, alcohol education programs, and community service. Understanding these differences is essential for properly addressing either charge in court.
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Chemical test results, such as those from breath, blood, or urine tests, play a crucial role in DWI cases but are not infallible. An experienced DWI lawyer can challenge these results on several fronts. One common issue involves questioning the accuracy and maintenance of the testing device. If the device was not properly maintained or calibrated according to state protocols, it could yield incorrect results. Additionally, the timing of the test can be a factor; if taken too long after driving, it may not accurately reflect the driver's condition at the time of the stop. Procedural errors, such as an officer failing to observe the subject for a required observation period before testing, can also be grounds for contesting the results. Your defense attorney will examine these and other factors to dispute the reliability of chemical test outcomes and advocate for a favorable resolution in your DWI case.
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“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”- Didi C.
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“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”- Kayla S.
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“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”- Thomas A.
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“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”- Cielo J. R.
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“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”- Lyndsey O.
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“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”- Destiny E.
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“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”- Keira C.
Get Started on Your DWI Defense in San Marcos, TX
When you face a misdemeanor or felony DWI charge in Texas, you need a defense team that understands the strategies used by both prosecutors and defense attorneys. Smith & Vinson Law Firm includes former prosecutors who know how the other side builds its case. We put this insight to work for you as we guide you through the process.
Choosing Smith & Vinson Law Firm gives you a team focused on personalized defense and strong representation. We understand both defense and prosecution strategies, which gives you the benefit of insights into possible weaknesses within the state's case. Our client-centered approach customizes each plan for your specific DWI charge to maximize your chances for a favorable result.
Contact our San Marcos DWI lawyers today by calling (512) 359-3743. Your initial consultation is free.
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