San Antonio DWI Defense
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If you have been arrested for DWI in Texas, in the majority of cases you have only 15 days from the date of arrest to request a hearing from the Department of Public Safety to fight a driver’s license suspension. If you do not request that hearing within 15 days, the Department will issue an automatic license suspension on the 40th day following your arrest in cases where you either refused a breath or blood test or where you allegedly took the test but failed it (Having a BAC of .08 or more). Contact us immediately to get more information on the Administrative License Revocation process and how to protect your rights.
The driver’s license hearing is just the first step in protecting your rights after you have been arrested for DWI. An experienced DWI attorney knows that we can not only try and prevent your license suspension but many times more importantly, we are able to utilize this administrative procedure to assist in your defense of the criminal case. In some cases, the results of the hearing can be transcribed to assist in pointing out weaknesses in the state’s case or point out inconsistencies in an officer’s testimony.
DWI Offenses in Texas
After an arrest for DWI, many people feel embarrassed, ashamed, disappointed and don’t know where to begin. Please understand that being arrested for DWI is unfortunately not uncommon and it does not define you or your character as a person. It truly can happen to most people and officers are prone to mistakes in judgment just like anyone else. What is important is that you find the right legal representation. You will need someone who cares, works hard and has experience in representing individuals charged with DWI.
When it comes to DWI offenses, Texas takes these charges very seriously and these cases are prosecuted aggressively. My office has the experience, compassion, and dedication to assist our clients and wants to help you through this difficult time. You will always meet with your attorney personally to determine the best direction for your case. You will be made aware of all of your options and most importantly your attorney will always provide you with the personal attention you deserve. H. Dave Sanchez has had experience in the DWI field since 1999. He has been trained and certified to perform the same DWI detection techniques that law enforcement officers use and has the unique ability to thoroughly review your case and protect your rights. Dave has tried numerous DWI cases and will utilize his experience as both a former police officer and prosecutor to provide proven results to his clients. Contact us now. Call our law firm today for a Free Consultation.
The penalties and criminal fines for a DWI in Texas changed as of September 1, 2019:
- First time DWI with less than a .15 BAC has the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 in County Jail. (A first time DWI with a BAC at .15 or higher increases the range of punishment to up to 1 year in county jail and up to a $4,000.00 fine)
- A second DWI offense increases the maximum fine to not more than $4,000.00 and/or jail from 30 days to one year.
- **** In addition to the fines prescribed for specific offenses above, a person who has been finally convicted of an offense relating to operating a motor vehicle while intoxicated shall pay one of the below fines (As of September 1, 2019):
- $3,000.00 for the first conviction within a 36 months period;
- $4,500.00 for a second or subsequent conviction within a 36-month period;
- $6,000.00 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time of the analysis.
Second DWI Offense (Class A Misdemeanor):
- a fine of up to $4000.00
- A jail sentence of anywhere between 30 days to 1 year
- A suspension of your driver’s license for 180 days to 2 years
DWI 3rd or More (3rd Degree Felony):
- A fine of up to $10,000.00
- A jail sentence of anywhere between 2-10 years in state prison
- A suspension of driver’s license for a period of 180 days to 2 years
**Probation is a possibility in many DWI cases however if you are placed on probation for any of these offenses that means that you have been found guilty of the offense and that conviction will be permanently placed on your criminal record. As you might expect there is a higher probability of getting probation on your fist DWI offense however even if granted probation on a second offense the code of criminal procedure requires a minimum 5 days’ jail as a condition of probation and 10 days’ minimum for a 3rd offense.
**An open container allegation also increases the minimum jail penalty to six days.
DWI with Child Passenger (State Jail Felony)
A person who is DWI and is carrying a person in the vehicle who is under 15 years of age. The punishment is confinement in a state jail facility for not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.
Intoxication Assault (3rd Degree Felony)
Where an accident occurred with serious bodily injury that resulted as a proximate cause of the intoxication. You can be sentenced to a minimum of 2 years and up to a maximum of 10 years in prison. If probated, there is a 30-day minimum jail sentence. You may also receive up to a $10,000.00 fine. If they allege you drove the vehicle in such a manner to consider it a “deadly weapon” then there is an additional penalty under the law that prohibits good time credit in prison and you would not be eligible for early release until half of your sentence has been served.
Intoxication Manslaughter (2nd Degree Felony)
A DWI where death occurs in an accident and where intoxication was the proximate cause of the person’s death. If convicted a person can be sentenced to up to a $10,000.00 fine and/or be give between 2-20 years in prison. If probation is granted, there is a mandatory 120-day jail sentence and again if the allegation is that the vehicle was used as a “deadly weapon,” there is no early termination of a prison sentence until after half of the sentence has been satisfied.
Being charged with a crime has a long-lasting impact on you and your family
Being convicted of a crime is devastating and will likely impact your opportunities to find employment, housing, and obtain student loans. A conviction can also result in the inability to possess a firearm and the loss of your driver’s license as well as many other collateral consequences. Texas criminal laws are harsh and when you are facing charges, you need to hire an experienced criminal defense attorney immediately. Some of the charges you may be facing include:
- Assault (Family Violence)
- Drug Possession/Delivery/Manufacturing
- Disorderly Conduct
- Sex Offenses
- Driving While License Suspended/Invalid
- Reckless Driving/Racing
- Public Intoxication
- Driving While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
- Driving Under the Influence (under 21)
- Motion to Revoke Probation
- Motion to Adjudicate Probation
At The H.D. Sanchez Law Firm, we have extensive experience in handling criminal cases. If you have been arrested or are being investigated for these or any other criminal matters, call us immediately. It is very rarely a good idea to talk to law enforcement once you have been charged or are being investigated. Let us guide you, be your voice, and protect your rights.
Mr. Sanchez is at home in the courtroom and has a proven track record of successfully representing clients accused of criminal offenses. As a former law enforcement officer, and assistant district attorney, you know you are hiring an attorney who not only understands the criminal justice system in Texas but also has insight on how the Government’s attorneys and law enforcement officials may strategize to prosecute your case. From the moment you hire our firm, we will work hard and aggressively to defend you and to ensure that you have the best outcome possible.
Dedicated Counsel for You and Your Family
Family law matters are very painful to deal with, particularly when a couple has decided to divorce. There are several issues to be worked out between the spouses that will have an impact on both parties’ lives long after the divorce process is finalized. Hiring the right family law attorney is key.
Every Family Law Case is Unique
No two family law cases are ever the same and each case has a variety of issues that are important to the client and the client’s family. There is no “one size fits all” way to handle a family law matter. At The H. D. Sanchez Law Firm, we will take the time to understand your unique needs and tailor an approach to your case that is geared toward accomplishing your goals. We will provide you with straightforward honest advice on how to obtain the best resolution that serves your interests.
In some cases what you will need is a counselor who can protect your rights while you work towards an agreement with your spouse or significant other during a divorce, a child custody dispute, or other family law matter. Other times, you will need a zealous advocate to begin preparing for a trial to resolve your case.
Divorce is never easy; couples who once lived a happy life are now involved in a process that is emotionally difficult. Contact The H. D. Sanchez Law Firm immediately if you are considering filing for divorce or if your spouse has informed you they are filing for divorce. We can help you through this difficult process and make sure your interests are protected and advocate for you and your children.
An accident resulting in an injury occurs on average every two-and-a-half minutes. This is a terrifying thought for anyone and can turn into a nightmare if you or someone you love is the person injured. Unfortunately, some accidents could be prevented by someone exercising a reasonable amount of care. If they did not exercise reasonable care then they were negligent and you have a personal injury case.
Is a Car Accident a Personal Injury Case?
YES. This is the most common case that people associate with personal injury cases but a personal injury case can also be many other types of cases. Below is a list of just a few of the other types of personal injury actions a person may have if they resulted in the negligence of a third party:
- Slip and fall cases
- Animal/dog bite cases
- Workplace accidents
- Wrongful death
- Construction accidents
- Assault/Battery or other intentional tort
If you have been a victim of these or any other negligent action of a third party you have rights.
However, to exercise those rights, you need to speak with a personal injury attorney as quickly as possible after an accident. By law, you have two years to file a personal injury lawsuit to recover damages. Acting swiftly can help ensure that no details are forgotten, go unnoticed, or overlooked. The sooner you bring your case to an attorney, the stronger chance you have at recovering the maximum compensation you are legally entitled to. Remember it is the insurance adjusters’ job to save their company money and pay as little as possible in your case.
Many motorists believe getting a speeding ticket or other moving violation ticket is little more than a nuisance.
Some people simply pay the ticket to avoid having to go to court and take time from work. What you may not be aware of is that paying a ticket is the same as pleading guilty to the charge. This may result in you getting points assessed against your Texas driver’s license which could lead to higher insurance costs and/or suspension of your license.
Understand Texas Points System
Following a conviction on a traffic violation, you will be assessed two points against your driving record. While you may not think this is a significant problem, you should be aware points are assessed on convictions in state or out of state. Additionally, the points stay on your record for three years meaning in the future an additional conviction will result in four points. Accumulating six points will result in a $100 insurance surcharge. Four points in a year will result in a suspension of your driving rights. It takes a full year of a clear driving record to “regain” one point towards repairing your driving record. As you can see, this can be very costly.
Commercial Driver’s License (CDL) Violations
If you hold a commercial driver’s license, you face more severe penalties for traffic violations. A first violation will not only impact your insurance rates, but it will also get the attention of your employer or prospective employer. If you have multiple violations it can lead to your CDL being revoked. If you are a CDL holder, a ticket in your personal vehicle is treated for points purposes the same as if you had been driving your commercial vehicle. It certainly does not seem fair but nevertheless, a CDL holder is held to a much higher standard than a regular license holder.
If you are cited for a traffic violation, regardless of how minor it may seem, it is imperative to speak with The H. D. Sanchez Law Firm immediately to preserve your driving rights and ensure your insurance costs do not get out of hand. It is risky to consider these tickets a nuisance and simply pay the fine.