DWI Defense

 

 

Most of the Police Officers operating in San Marcos are well trained and competent when it comes to making a DWI arrest. However, on some occasions, important components of the procedure are not followed precisely, leaving scope for an experienced San Marcos DWI Defense Lawyer to move for a complete dismissal of your case.

The exact details of the stop and arrest procedures that you could experience may vary depending upon the place where you are stopped, the officer who stops you, and also the conditions of the event and how you behave during it. In general, a Police Officer pulls you over and, if there is any suspicion that you may be intoxicated, requests that you take a field sobriety test. This usually includes a series of standard (or non-standard) cognitive and/or physical maneuvers.

If the officer is not satisfied by your performance in the field test you may be asked to take a roadside breath test to determine the level of alcohol in your blood. A positive reading for alcohol may lead to your arrest for DWI. In most cases, you may be taken to a facility where you will be asked to undergo a chemical test (sampling your breath, or urine, or blood) to determine the exact level of alcohol or other intoxicating substances in your blood.

If your chemical test indicated a BAC (Blood Alcohol Content) of 0.08% or higher your drivers license will be immediately suspended pending your prosecution. If you refused to take a chemical test your drivers license will be immediately suspended pending a future hearing with a separate ALR Judge which will determine whether your license should be returned to you or not.

Sentencing in Texas Courts for DWIs can be very harsh. Our Prosecutors and Judges are under immense pressure from the media, the police, and many in our community, to deter drinking and driving by making an intimidating example of every DWI case that they try.

A DWI conviction in San Marcos, Texas will certainly cost you a substantial sum in fines and surcharges, and, depending upon your charges, you may also be sentenced to jail, probation, or a suspended sentence with restraining conditions on your liberty. You may also be required to undergo rehabilitation or counseling to treat any signs of consistent substance abuse.

Sometimes courts may impose the installation of an ignition interlock device on any vehicle which you may potentially drive (including your spouse’s car). These devices are designed to sample the drivers’ blood alcohol content before the vehicle can be started and driven. They are also very expensive to install, service, and then uninstall when your sentence is complete.

An experienced San Marcos DWI attorney may be able to get your charges reduced to an Obstruction of Highway charge. This is typically only available for people charged with DWI the first time with a BAC of less than .15, and where there is no accident involved.

If you are facing a trial on DWI charges we believe that your best chance of coming away from your trial with the most favorable possible verdict will be obtained by you retaining a local seasoned legal professional who knows the specific San Marcos court that your case is assigned to and understands every intricacy of the law and procedures as they apply specifically to DWI cases in Texas.