DWI Lawyer in San Antonio and Bexar County

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A first DWI arrest in San Antonio, Leon Valley, Converse, Live Oak, Universal City, Helotes or anywhere else in Bexar County sets two processes in motion: a driver’s license suspension through the Texas Department of Public Safety and a criminal charge in county court. The license side has a 15-day deadline. Our Texas team defends first-offense DWI cases in Bexar County from our San Antonio office at 1100 NW Loop 410, and you can speak with a Texas attorney and hire us by phone.

The 15-day ALR deadline

If you failed a breath or blood test (0.08% or more) or refused one, the officer usually took your license and served you with a Notice of Suspension. That notice generally works as a temporary driving permit. You have 15 days from the date you received it to request an Administrative License Revocation (ALR) hearing (Texas Transportation Code 524.031 and 724.041). If no one requests the hearing, the suspension takes effect on its own, generally 90 days for a first test failure and 180 days for a first refusal. The hearing is held before an administrative law judge of the State Office of Administrative Hearings, and it is also a chance to question the arresting officer under oath before the criminal case goes much further.

Where San Antonio DWI cases go

DWI is a state offense, so it is not handled by the municipal court that hears traffic tickets. A first DWI in Bexar County is prosecuted by the Bexar County Criminal District Attorney’s Office and heard in one of the Bexar County Courts at Law at the Cadena-Reeves Justice Center, 300 Dolorosa Street, downtown San Antonio. Your bond paperwork lists the court and your first setting. One local detail: parts of the San Antonio area, including much of Schertz and New Braunfels, lie in Guadalupe or Comal County, and an arrest there goes to that county’s courts instead.

Arrests in Bexar County come from the San Antonio Police Department, the Bexar County Sheriff’s Office, suburban city police departments, and the Texas Department of Public Safety on I-10, I-35, I-410 and Loop 1604. Each agency keeps its own reports, breath-test records and video, and we request what applies to your stop. If a blood sample was taken under a warrant, we also request the warrant and the lab’s records.

What a first DWI means in Texas

Under Texas Penal Code 49.04, a first DWI is generally a Class B misdemeanor, with a possible jail range of 72 hours to 180 days and a fine of up to $2,000. It becomes a Class A misdemeanor if the test showed 0.15% or more, and an open container in the vehicle raises the minimum jail time. A conviction can also bring a driver’s license suspension, state-required classes, and in some cases an ignition interlock device. Many people can keep driving on an occupational license while their license is suspended (Transportation Code 521.242).

Since September 2019, a judge can place a first DWI defendant on deferred adjudication in many cases, except where the result was 0.15% or more or the driver held a commercial license (Code of Criminal Procedure Art. 42A.102). If you have no other criminal record, successful completion can make you eligible to petition for an order of nondisclosure, which limits who can see the record (Government Code 411.0726). Whether that path is available in your case depends on the facts and the prosecutor’s position. Ask us whether any pretrial diversion option is open in your case.

How we review your case

The reason for the stop and whether the detention was extended without legal justification.
How the standardized field sobriety tests were given and scored, and whether they were recorded.
Breath-test operator certification and the instrument’s maintenance records.
Blood-warrant paperwork, the blood draw, and the lab’s testing and chain of custody.
Body-camera and dash-camera footage from the arresting agency.

Depending on the evidence, possible paths include suppression motions, negotiation for a reduced charge, deferred adjudication where available, or trial. We do not predict outcomes; we explain the realistic options at each stage.

Hire us by phone

You do not need to come into an office, although you are welcome at our San Antonio office. Call, tell us what happened, and sign your agreement from your phone. We can request your ALR hearing right away and keep you updated as the case moves through the Bexar County courts.

Frequently asked questions

How long do I have to request an ALR hearing after a DWI arrest in San Antonio?

Fifteen days from the date you were served with the Notice of Suspension. If no hearing is requested, the suspension generally takes effect on its own.

Is my San Antonio DWI handled in municipal court?

No. DWI is a state misdemeanor. A first DWI in Bexar County is heard in a Bexar County Court at Law at the Cadena-Reeves Justice Center, 300 Dolorosa Street.

I was arrested in New Braunfels or Schertz. Is that a Bexar County case?

Usually not. New Braunfels is mainly in Comal County and much of Schertz is in Guadalupe County, so those arrests usually go to those counties’ courts. Your paperwork names the county.

Can I drive to work while my license is suspended?

Often, yes. Texas allows an occupational driver’s license for essential needs such as work, school and household duties, sometimes with an ignition interlock device.

Can a first DWI be kept off my record?

In some cases. Deferred adjudication may be available for a first DWI, and some people later qualify for an order of nondisclosure. Eligibility depends on the facts, including the test result.

DWI arrest in San Antonio or Bexar County? The 15-day ALR deadline is already running. Call (855) 636-0550 for a free phone consultation with our Texas team. You can hire us by phone.

Call (855) 636-0550

Attorney Advertising. NotGuilty.com is a website of The United Firm | Firma Defensora PC. Attorney responsible for this page: Alvaro Aguirre Jr., Texas Bar No. 24101436. Texas office: 1100 NW Loop 410, Suite 700, San Antonio, TX 78213. The domain name is not a promise or prediction of any result. Every case is different, and prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.

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