Experienced Criminal Law Attorneys Providing A Strong Defense Against DWI Charges
The use of alcohol, drugs, or controlled substances while operating a motor vehicle continues to be one of the leading causes of accidents and fatalities in Texas. In an effort to reduce the number of deaths caused by intoxicated drivers, the state continues to update its DWI laws to include progressively harsher penalties and some of the highest fines in the country.
Contact a New Braunfels DWI lawyer to learn how DWI cases work in Texas and your options if you are arrested and charged for driving while intoxicated.
When Is A Person Considered To Be Intoxicated In Texas?
The Texas Penal Code defines intoxication as “(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more.” The alcohol concentration is sometimes referred to as BAC (Blood Alcohol Concentration).
The BAC measures how much alcohol is in a person’s bloodstream using a percentage. For example, if an individual’s BAC is 0.10%, it means their blood has one part alcohol for every 1000 parts of blood. In Texas, you cannot legally operate a motor vehicle if your BAC is 0.08% or higher or if you have consumed any substance that impairs your mental and physical abilities.
A motor vehicle does not just include passenger cars, trucks, and other vehicles on the roadways, but also boats, airplanes, and other types of vehicles that require the operator to be fully alert to operate the vehicle safely. If a person decides to operate a motor vehicle while intoxicated, that individual may be charged with driving while intoxicated (DWI).
Are DWI Charges Considered Misdemeanors Or Felonies?
Most DWI charges are considered misdemeanors in Texas. However, certain circumstances may lead to felony charges. For example, if this is your first offense, your BAC is not too far over the legal limit of 0.08%, and you have not injured anyone while driving under the influence of drugs and alcohol, chances are you may only be facing a misdemeanor. It is worth noting that misdemeanors still come with significant penalties, which may or may not include jail time.
In contrast, you may be facing felony DWI charges if this is your third offense. In some DWI cases, you may also be charged with a felony if you were operating a motor vehicle while intoxicated and ended up seriously injuring another person or causing their death. These circumstances may lead to a felony DWI charge, even if this is your first DWI.
What Are The Penalties For A DWI in Texas?
As discussed above, penalties for DWI charges in Texas get progressively harsher for repeat offenders and when certain aggravating circumstances apply. A first-time DWI offender determined to be intoxicated while operating a motor vehicle may face a Class B misdemeanor charge, which may result in fines and a county jail sentence ranging from three days to six months. They may also face a license suspension ranging from 90 days to a year.
A second DWI offense may result in higher fines, a jail sentence between one month and a year, and up to two years with a suspended license.
Third-time DWI offenders may face felony charges, resulting in up to ten years in state prison, a hefty fine of up to $10,000.00, and a license suspension of up to two years.
A fourth DWI may also be charged as a felony, resulting in up to 20 years in federal prison.
Certain circumstances may make a DWI offense even more severe. These are called aggravating circumstances and include having a BAC of 0.15% or higher, driving impaired with a child passenger under 15, and driving with an open container.
For example, a first-time DWI could end up being a state jail felony if the driver transported a child in the vehicle while intoxicated. If you have been charged with a DWI, contact a skilled criminal defense attorney as soon as possible about your DWI case.
What Happens If You Get A DWI with A Commercial Driver’s License?
If you are a commercial driver and make a living driving a large commercial vehicle such as a truck, semi-truck, or bus, a DWI can truly create havoc in your life and endanger your ability to stay employed. While the BAC limit for non-CDL drivers is 0.08%, those with a commercial driver’s license cannot have a BAC greater than 0.04%.
That means if you decide to have two standard drinks with your lunch before starting your shift, for example, your blood alcohol concentration may already be at 0.04% or higher, and you would be considered intoxicated.
DWI charges for a first-time offender are similar to those explained above, but the difference is you may end up having your CDL suspended for up to a year. The suspension can last up to three years if you were transporting hazardous materials while intoxicated. Any subsequent DWI charges could mean your CDL may be taken away permanently.
It is worth mentioning that even if you can have your CDL reinstated, you may have difficulty securing employment, as most employers require CDL drivers to have a clean driving record. If you drive a commercial vehicle for a living and get charged with a DWI, you should contact an experienced DWI lawyer immediately, as your DWI attorney could help you find ways to disprove your charges and potentially avoid a license suspension.
What Is An Ignition Interlocking Device, And When Is It Required?
An ignition interlocking device (IID) is similar to a breathalyzer. It is installed in a car and won’t allow the vehicle to start if the driver has been drinking. In order to start the vehicle, the driver must perform a breath test using a handheld unit near the driver’s seat.
The vehicle will start if the breath test shows the driver is sober. If the test detects alcohol in the driver’s breath, the vehicle will not start. The IID also requires the driver to randomly provide breath samples while the vehicle is in operation.
First-time DWI offenders may avoid a license suspension by installing an IID in their vehicles at their own expense. Installing an IID is mandatory for drivers with a BAC of 0.15% or higher and those who have committed a second DWI conviction less than ten years after their first conviction.
How a New Braunfels DWI Lawyer Challenges the Evidence Against You
A DWI arrest doesn’t automatically mean a conviction. The forensic evidence and procedures police officers rely on to build DWI cases are far more vulnerable to challenge than most people realize. An experienced DWI lawyer in New Braunfels will scrutinize every piece of evidence from the very beginning of your case to identify weaknesses the prosecution may not want you to know about.
Challenging Field Sobriety Tests
- Field sobriety tests are one of the primary tools officers use to establish probable cause for a DWI arrest, but they are highly subjective and influenced by factors unrelated to intoxication
- Physical conditions, fatigue, nervousness, uneven road surfaces, poor lighting, and even footwear can all produce results that mimic impairment
- Officers must administer these tests according to strict standardized protocols, and deviations from proper procedure can provide grounds to challenge the results
Challenging Breath and Blood Test Results
- Breath testing devices must be properly calibrated, maintained, and operated by certified personnel for results to be admissible in Comal County court
- Medical conditions like acid reflux, diabetes, and certain diets can produce falsely elevated blood alcohol content readings
- A blood test must follow strict chain of custody procedures from the moment the sample is drawn through laboratory analysis — contamination, improper storage, or breaks in the chain create opportunities to suppress the results
Challenging the Traffic Stop Itself
- Police officers must have reasonable suspicion to initiate a traffic stop — if the stop was conducted without a valid legal basis, everything that followed may be inadmissible
- Your criminal defense attorney will review dashcam footage, body camera recordings, and the officer’s written report to determine whether your rights were violated
Contact Seymour & Vaughn for a free consultation to discuss how we can challenge the evidence in your DWI case.
What Is Administrative License Revocation and Why You Must Act Fast
Many people charged with a DWI in New Braunfels don’t realize that their driver’s license suspension begins as a separate process from the criminal charges. The administrative license revocation hearing operates independently from the Comal County criminal court system, and failing to act within a narrow deadline can cost you your driving privileges before your criminal case even begins.
How the ALR Process Works in Texas
- When you are arrested for DWI and either fail or refuse a breath or blood test, the arresting officer will confiscate your driver’s license and issue a temporary driving permit
- You have only 15 days from the date of your DWI arrest to request an administrative license revocation hearing — missing this deadline results in automatic license suspension
- The ALR hearing is conducted by an administrative law judge and is completely separate from your criminal proceedings in Comal County court
Why Requesting an ALR Hearing Matters
- Protecting your driving privileges. Successfully challenging the suspension at the ALR hearing allows you to keep your license while your criminal case is pending, which can make all the difference for your employment, family responsibilities, and daily life
- Previewing the prosecution’s evidence. The ALR hearing gives your defense attorney an opportunity to subpoena the arresting officer, question them under oath, and obtain discovery that reveals weaknesses in the state’s criminal case
- Building your defense strategy. Information gathered at the ALR hearing, including the officer’s testimony about the traffic stop, field sobriety tests, and testing procedures, often provides critical material for challenging your DWI charges in criminal court
Potential Suspension Periods
- First offense refusal: 180-day license suspension
- First offense failure (BAC 0.08% or higher): 90-day license suspension
- Second or subsequent offense: Up to two-year license suspension
A New Braunfels DWI lawyer at Seymour & Vaughn can request your ALR hearing, represent you at the proceeding, and use the evidence gathered to strengthen your criminal defense. Contact our law firm immediately — the 15-day deadline does not wait.
Alternatives to Conviction: Deferred Adjudication and Treatment Programs in Texas
Not every DWI case in New Braunfels ends with a conviction on your criminal record. Depending on your circumstances, an experienced DWI attorney may be able to pursue alternatives that protect your record and your future. Understanding these options helps you make informed decisions about how to handle your DWI charges.
Deferred Adjudication
- Deferred adjudication is a form of probation where the judge delays a finding of guilt while you complete specific conditions set by the court
- Conditions typically include community service, DWI education courses, random drug and alcohol testing, and treatment programs when appropriate
- If you successfully complete all requirements, the case may be dismissed without a formal conviction appearing on your criminal record
- First-time offenders facing a class B misdemeanor DWI are most commonly eligible, though eligibility depends on the specific facts of your case and the judge’s discretion
Treatment and Intervention Programs
- Texas courts increasingly recognize that treatment programs can be more effective than incarceration for addressing the underlying issues behind drunk driving offenses
- Substance abuse evaluation and treatment, alcohol education programs, and community supervision with counseling components may be available as alternatives to jail time
- Successfully completing court-ordered treatment programs demonstrates accountability and can influence the judge toward a more favorable outcome
Why Legal Representation Makes a Difference
- Prosecutors in Comal County are not obligated to offer deferred adjudication or alternative sentencing — your criminal defense attorney must advocate persuasively for these options on your behalf
- An experienced lawyer who regularly practices in the New Braunfels, TX court system understands which judges and prosecutors are receptive to alternative resolutions and how to present your case effectively
- Quality legal representation from the very beginning positions you for the broadest range of options, including having your case dismissed entirely when the evidence supports it
Contact Seymour & Vaughn at (830) 282-4630 for a free initial consultation with a New Braunfels DWI lawyer who will explore every available path to protect your freedom, your license, and your future.
Contact A New Braunfels DWI Lawyer For a Free Consultation
A DWI arrest can seriously affect your life in many ways. It will likely stay on your record and make it harder for you to obtain affordable car insurance. It may limit your ability to remain employed or obtain new employment, especially if your job requires you to operate a motor vehicle for a living.
The DWI lawyers at Seymour & Vaughn help clients charged with DWIs in New Braunfels, TX, and surrounding areas. Our criminal defense attorneys can help you fight back and defend against your DWI charges. Contact our law office at (830) 282-4630 to learn more.