San Antonio DWI & Intoxication Offenses Defense Lawyer
A DWI arrest in San Antonio can feel overwhelming, but the state's evidence is rarely infallible. DWI charges carry serious consequences in Texas, including license suspension, hefty fines, and potential jail time. However, you do not have to accept a conviction without a fight.
Protecting Your Texas Driver’s License: The 15-Day ALR Deadline
After a DWI arrest in San Antonio, your clock starts ticking immediately. If you refused a breath/blood test or failed a chemical test, law enforcement will confiscate your plastic license and give you a temporary paper permit.
You have exactly 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you miss this deadline, your Texas driver's license will be automatically suspended. Oscar Salinas handles the ALR hearing request and represents you at the hearing to contest the suspension, review the officer's sworn statements early, and fight to keep you legally on the road.
Why Choose Oscar Salinas: The Prosecutorial Advantage
Having evaluated and litigated hundreds of blood and breath test cases as a Bexar County 1st Chair Prosecutor, defense attorney Oscar Salinas knows the vulnerabilities in the state's case. He uses his unique insider knowledge of Texas DWI laws to challenge the prosecution's evidence, audit police reports, review field sobriety test videos, and scrutinize blood-draw procedures to identify constitutional violations and technical errors.
What to Expect: Building Your DWI Defense
Oscar evaluates every detail of the stop, investigation, and forensic evidence to construct a strategic defense:
Review of Police Procedure: Did the officer have reasonable suspicion to pull you over, or probable cause to arrest you?
Analysis of Field Sobriety Tests: Auditing dashboard and bodycam footage to see if the tests were administered strictly according to NHTSA guidelines.
Examination of Forensic Evidence: Reviewing maintenance logs and calibration records for breathalyzers and blood-draw lab analyses.
Identification of Rights Violations: Determining if law enforcement violated your Fourth or Fifth Amendment rights.
Aggressive Trial Preparation: Preparing to challenge the state's case aggressively in negotiation or before a jury.
Frequently Asked Questions: Bexar County DWI Info
Do I have to take a breath or blood test if pulled over in San Antonio?
Under Texas "implied consent" laws, you can legally refuse to provide a voluntary breath or blood sample. However, doing so results in an automatic, longer driver's license suspension. Additionally, if the police obtain a search warrant signed by a Bexar County magistrate judge, they can legally draw your blood even over your refusal.
What is the difference between a first and second DWI in Texas?
A first-offense DWI is typically a Class B misdemeanor, carrying up to 180 days in jail and fines up to $2,000. A second DWI is elevated to a Class A misdemeanor, which carries mandatory jail time if convicted (as a condition of probation), up to one year in jail, and fines up to $4,000.
Can a Texas DWI be expunged from my record?
Standard DWI convictions cannot be expunged. However, if your DWI case was dismissed without probation, resulted in a "not guilty" verdict at trial, or if you successfully completed certain pretrial diversion programs, you may be eligible to completely erase the arrest via an Expunction or seal it with an Order of Non-Disclosure.