Driving While Intoxicated is serious

If you have been arrested and charged with Driving While Intoxicated (DWI) in San Antonio, Texas, you should seek legal help immediately.

Fines: Fines for a first offense DWI can range up to $2000, a second offense can cost you up to $4000 in fines and a third will place fines in the amount of up to $10,000.

Probation/ Jail: Although jail is a legal possibility on a first DWI, generally the accused is exposed to probation. Incarceration is not a part of this probation, but time-consuming, embarrassing monthly reporting, urinalysis and community service is.  This probation can last up to 2 years and even be extended beyond in some circumstances. If you are accused of a DWI 2nd or above, actual jail time is a possibility as is an ignition interlock device, an electronic leg monitor, scram device (device that attached to one’s leg and measures perspiration for alcohol) and/ or anabuse (a medication forced upon probationers that cause a violent illness if alcohol is consumed).

Driver’s License Issues: If you are arrested for DWI, the State of Texas will immediately begin proceedings to have your driver’s license suspended.  One will be required to use public transportation or a friend to travel for business or an occupational license will have to be obtained at an expense of often over $1500.

What is Driving While Intoxicated?

It is not against the law to drink and drive! Despite the campaigns that our potential jurors and we are exposed to (DRINK, DRIVE, GO TO JAIL), it is perfectly accepted to have a drink and drive. One just cannot operate a motor vehicle or boat while you are intoxicated which under the law is defined as not having the normal use of your mental or physical faculties or having a blood alcohol concentration of .08

So, where is the line between legally driving after a drink at dinner and driving while intoxicated? If you do not provide a sample of your breath or blood, a jury will be required to determine if you have “lost the normal use of your mental or physical faculties”. There are no objective standards for what this “loss of use” is and many prosecutors have made long, conviction laden careers of learning how to convince jurors based on a few roadside tests performed on a busy highway.  DWI trials are very specialized and your lawyer must know all of the tricks of the trade used by prosecutors to convict.

What should I look for in a lawyer?

As just mentioned, DWI’s are highly specialized and you must have a lawyer that is familiar with how to defend them.  Your lawyer should have over 30  prior DWI trials as lead counsel and be familiar with all of the most recent DWI laws and cases.

Importantly, you should have a TRIAL LAWYER.  Since DWI’s are so subjective in nature, there is often no incentive for a prosecutor to dismiss because there is ALWAYS a chance of conviction when you are tried for DWI.  You need a lawyer who can fight the prosecutor and who can fight for you in front of the judge and in front of a jury.

Carlo Key has litigated hundreds of intoxication offenses with excellent results. Contact the office for a free consultation and see how Mr. Key can be your best defense when charged with Driving While Intoxicated, Boating While Intoxicated, Intoxicated Assault or Intoxicated Manslaughter.