For many good people in the San Antonio community—from professionals to military service members at JBSA—an arrest for Driving While Intoxicated (DWI) is their first and only encounter with the Bexar County justice system. The experience can be humiliating, confusing, and frightening. At Lance Kennedy Law, we understand your concerns about your reputation, your job, and the immediate threat of losing your driver’s license.
A DWI charge in San Antonio initiates two legal battles: one against the criminal charge and another to keep your driving privileges.
Though this may sound intimidating, you do not have to navigate this complex process alone. At Lance Kennedy Law, we provide critical legal guidance and support to clients charged with DWI in Bexar County.
If you have been arrested for DWI, contact our San Antonio DWI attorney at (737) 324-7540 to discuss your case.
The Penalties of a San Antonio DWI Conviction
In a Bexar County court, Texas law treats repeat DWI offenses with increasing severity. A conviction can have a lasting impact on your life, with penalties that escalate dramatically with each subsequent offense.
Potential penalties include:
DWI first offense: Typically a Class B Misdemeanor, punishable by up to 180 days in the Bexar County Adult Detention Center, a fine of up to $2,000, and a license suspension.
DWI second offense: A Class A Misdemeanor, with potential jail time of up to one year, increased fines, and a longer license suspension.
DWI third offense and beyond: Automatically a Third-Degree Felony, which carries a sentence of 2 to 10 years in a Texas state prison.
DWI with a child passenger: If a passenger under the age of 15 is in the vehicle, the charge is elevated to a State Jail Felony, even for a first offense.
The 15-Day Deadline: Fighting to Save Your Driver's License
After a DWI arrest in Bexar County, the clock starts ticking. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the Texas DPS.
This is a critical deadline. The ALR hearing, often conducted by the State Office of Administrative Hearings (SOAH) in San Antonio, is a civil proceeding completely separate from your criminal case. Your license will be automatically suspended if you fail to request this hearing. Requesting the hearing puts the suspension on hold and gives us our first opportunity to cross-examine the arresting SAPD officer or Bexar County deputy.
Even when a DWI case does not result in a final conviction, a Bexar County judge will almost always impose a period of community supervision, or probation, with strict conditions. Completing probation requires compliance with many court-ordered requirements.
These conditions frequently include the installation of an Ignition Interlock Device (IID) on your vehicle, completing a 12-hour DWI education course, and attending a MADD Victim Impact Panel. A more intensive 32-hour "repeat offender" program is required for subsequent offenses. The Bexar County Community Supervision and Corrections Department typically manages all of this.
How We Defend Against DWI Charges
An arrest for DWI is not a conviction. The state carries the entire burden of proving its case, and our commitment is to deconstruct their evidence piece by piece.
Our defense strategy often focuses on three key areas:
Challenging the initial traffic stop. Every DWI defense begins here. We scrutinize whether the SAPD or Bexar County officer had a constitutionally valid reason to pull you over in the first place. If the stop was unlawful, all evidence gathered afterward can be suppressed, often leading to a dismissal.
Questioning the field sobriety tests. The Standardized Field Sobriety Tests (SFSTs) must be administered precisely according to national protocols to be valid. We investigate whether improper instructions, poor conditions like an uneven road shoulder, or your own medical issues could have led to a compromised result.
Analyzing the forensic evidence. We can challenge the reliability of the breath or blood test. Breathalyzer machines require constant maintenance and precise calibration to function correctly, and blood tests demand a strict, unbroken chain of custody to prevent contamination.
Exposing a single weakness in any one of these areas can be enough to create the reasonable doubt necessary for a dismissal or a reduction of the charge.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
If authorities arrested you or a family member in Austin, here are some key steps to consider:
Exercise your right to remain silent. Avoid discussing your case with anyone except your lawyer.
Request an attorney immediately. If you can’t afford one, ask for a court-appointed lawyer.
Contact a family member or trusted friend to inform them of your situation.
Do not resist arrest or argue with law enforcement, even if you believe the arrest is unjustified.
Remember details about your arrest, including officer names and badge numbers if possible.
Attend your arraignment, where you’ll be informed of charges and can enter a plea.
Gather relevant documents and information for your case.
Follow all court orders and attend all scheduled hearings.
Consider contacting a bail bondsman if bail is set and you need assistance posting it.
Contact Lance Kennedy Law for a free consultation about potential defense strategies and the next steps in your case.
Whether you should plead guilty or not guilty is a serious legal decision that requires careful consideration of the specific details of your case. This choice can have major consequences for your future.
The best course of action is to consult criminal defense attorney Lance Kennedy, who can review the evidence, charges, and circumstances of your case. I’ll examine your case at no cost, advise you on the potential outcomes of different pleas, and help you make an informed decision. Contact Lance Kennedy Law as soon as possible so we can get started on your case.
Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.
Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.
Instead of waiting out the resolution of your case in jail, bail allows you to be released if you put up a financial deposit as a promise to appear in court.
Typically, people accused of a crime hire a bail bondsman. The bondsman will pay the county the entire bail amount in exchange for you paying the bondsman 10% of the bond.
For example, a typical aggravated assault bond in Comal County is $30,000. You can pay that amount to the county to get released, and the bail bondsman will refund it to you after your case is over.
Or you can pay a bail bondsman a non-refundable fee of $3000 (10% of the bail amount) in exchange for them posting the entire amount.
Yes. I typically require half the fee to be paid up front, and clients can pay the balance over time.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
