Call Us Now
Email Us Now
San Marcos DWI Lawyer
There is a lot on the line when you are arrested for a DWI in Texas. One simple mistake or lapse in judgment can lead to a license suspension, expensive fines, and even jail time. If you’ve been arrested for a DWI, you need a team of San Marcos DWI lawyers on your side to fight for your rights and protect your future.
At Seymour & Vaughn, we believe that everyone deserves a second chance. Having a DWI arrest or DWI convictions on your permanent criminal record can make it hard to find a job, secure housing, or maintain relationships in your community in the future. Our criminal defense attorneys are dedicated to creating a unique legal strategy to reduce or even remove the penalties you are facing.
We understand how overwhelming it can be to face DWI charges. Our San Marcos DWI attorneys are ready to start your defense case immediately. For a free consultation from an experienced member of our team, please call 830-282-8751 today.
What is a DWI?
DWI stands for “Driving While Intoxicated.” Although it is similar to a DUI, a DWI is a separate charge with different penalties. DWIs include driving under the influence of any intoxicating substance, including drugs and alcohol.
Being intoxicated can mean the following:
- The person lacked their “normal” mental faculties
- The person lacked their “normal” physical faculties
- The person had a blood alcohol content (BAC) of 0.08% or more
“Normal” faculties can be hard to define under the law. This lack of a strong definition can lead to a DWI defense strategy, especially if an officer neglects to take a breath or blood sample from you at the time of your arrest.
A DUI charge is typically reserved for anyone under the age of 21 who is found driving a vehicle with any amount of alcohol in their system. DWI charges can be given to anyone of any age.
What Are Field Sobriety Tests?
When you are pulled over for a suspected DWI, law enforcement officers must determine whether you are actually intoxicated before arresting or detaining you. Under Texas law, intoxication doesn’t just mean that you have a BAC of 0.08% or above. It can include driving under the influence of drugs, which won’t show up on a breathalyzer test.
Because of this, police officers will often use field sobriety tests to determine someone’s level of intoxication. The National Highway Traffic Safety Administration has standardized these tests to ensure they are administered correctly in the field. If you “fail” a field sobriety test, you can be arrested and charged with a DWI.
There are three main tests that police officers typically rely on:
Horizontal Gaze Nystagmus (HGN)
The HGN test measures the quick movement of your eyes as they follow an object in front of your face. In most cases, officers will hold up a pen and instruct you to follow it with your eyes without moving your head. Simply tracking the pen with your eyes doesn’t mean you’ve passed the test — officers are looking at the shaking in your eye to see if you are intoxicated or not. The quick movement of your eyes can indicate that you are under the influence.
One Leg Stand
During a one-leg stand test, an officer will instruct you to stand up and raise one foot about six inches off the ground. As you hold this pose for 30 seconds, officers will look for any swaying, hopping, or losing your balance. If you put your foot down or sway back and forth, you have failed this test.
Walk-and-Turn
A walk-and-turn test requires walking in a straight line, heel to toe, then turning around and returning to the starting point. Officers will give you specific instructions on how to walk and will also show you an example. As you walk, officers will look for how you balance, whether you step off the line, how you turn, and whether you use your arms for balance. Falling over or swaying can cause you to fail this test.
Field sobriety tests are hard to regulate, and not all police officers administer them correctly. If your DWI arrest involves a field sobriety test, our team can examine those tests to see if there were any errors or mistakes involved. This could contribute to your DWI defense strategy.
What Are the Potential Penalties for a DWI in Texas?
When you are charged with a DWI in Texas, you could face a range of penalties. Your specific penalties depend on your criminal record, how many DWIs you have been convicted of in the past, and whether or not anyone else was hurt while you were driving.
The potential penalties for a DWI include:
First Offense DWI
For first offenders with a BAC of less than 0.15%, penalties include fines of up to $2,000 and jail time from three to 180 days. For a BAC of more than 0.15%, penalties include fines of up to $6,000 and one year in jail.
Second Offense DWI
The second time you are convicted of a DWI, you will face fines of up to $4,000 and jail time of 30 days to one year.
Third Offense DWI
For a third offense, you will face fines of up to $10,000 and two to ten years in jail.
DWI With Child Passenger
Getting a DWI with a child in the car is a state jail felony. Felony charges can result in fines of up to $10,000 and 24 months in a state jail facility.
Intoxication Assault
Intoxication assault is a DWI that results in serious bodily injury to another person. For this DWI offense, you could face fines of up to $10,000 and two to ten years in prison.
Intoxication Manslaughter
Intoxication manslaughter is a DWI that results in the death of another person. Defendants can face fines of up to $10,000 and two to 20 years in prison.
What Does the State Have to Prove for a Conviction?
When you are charged with a DWI, the burden of proof is on the prosecution. The state must prove beyond a reasonable doubt that you are guilty of driving while intoxicated.
More specifically, the state must prove that you were:
- Intoxicated
- Operating a motor vehicle
- In a public place
Intoxication simply means that you are not in control of your normal mental or physical faculties. There are a few ways the prosecution can prove this, including the officer’s testimony of how you smelled or looked, video of your car’s movement prior to your DWI arrest, field sobriety test results, and blood test results.
Operating a motor vehicle means that you took action to enable the vehicle’s use. In Texas, any action that is more than just preparing to operate the vehicle counts as “operation.” Therefore, even just sitting in a parked car with your key in the ignition could lead to a DWI charge, even if you had no intention of actually driving the car.
A public place is any place that the general public has reasonable access to. For instance, private parking lots are still considered public places because the public can access them.
The prosecution must prove all of the elements above to secure a DWI conviction. Our attorneys will use the facts of your case and any evidence in your favor to weaken the prosecution’s case. We always aim to get your case dismissed or your DWI charges reduced so you face fewer penalties.
What is an Administrative License Revocation (ALR) Hearing?
There are two elements to DWI cases: the criminal case and the ALR hearing. When you are arrested for a DWI in Texas, your license will automatically be suspended unless you request an Administrative License Revocation hearing. You must arrange a hearing with the Department of Public Safety within 15 days of when you receive notice of your driver’s license suspension, which typcially occurs when you are arrested.
An ALR hearing is an administrative case that likely won’t negatively impact your criminal case, but it could be extremely beneficial to your criminal case. During a ALR hearing, you can present evidence in your defense to attempt to get your license back. A San Marcos DUI attorney on our team can represent you during this hearing, helping show that you were not intoxicated or that you deserve to have your license reinstated.
What happens if my license is suspended at the Administrative License Revocation (ALR) Hearing?
Even if the Department of Public Safety suspends your license the ALR hearing will allow us to get your evidence much quicker and give us an opportunity to get the arresting officer under oath and on the record concerning the circumstances of your arrest. This has several benefits:
Because we’ll get the evidence against you much sooner, we can start forming a legal strategy far in advance of criminal charges being filed The officer’s testimony is nailed down so if they later change their story, we can use that show their lack of credibility
And, if your license is suspended Seymour & Vaughn will help you get an Occupational License which allows you, at a minimum, to drive for school, work, and other life necessities like buying food or going to church. Some clients may even qualify for an Unrestricted Occupational License that allows you drive anywhere for any reason.
For the best possible chance of getting your license reinstated, contact a San Marcos DWI lawyer on our team today.
What Should You Do if You’ve Been Charged With a DWI in San Marcos?
Facing DWI charges can be overwhelming. You may have been arrested, taken to the police station, had your blood sampled, and more. The first thing you should do if you are charged with a DWI is contact our team of San Marcos DWI attorneys. We will immediately begin working on your case, gathering evidence in your favor and negotiating with the prosecution to determine your best path forward.
Details are a very important part of your case. It’s essential to write down anything you can remember from the time of your detainment or arrest.
Some things to write down include:
- The amount of sleep you had the previous night
- What you drank that day, and when you drank it
- How many meals you had that day
- The names of anyone you were with that day
- The names of any prescription medications you took that day and when you took them
Creating a detailed account of your arrest is also helpful. If the police officers used field sobriety tests, write down which ones and how you did. Anything you can remember is useful when it comes to your DWI case.
What Are the Most Common Defense Strategies for a DWI?
DWI cases are serious; however, every individual is innocent until proven guilty. Your DWI defense will depend on many factors, including the evidence against you, your criminal record, and your medical history.
Depending on your unique circumstances, our team may be able to use the following defense strategies:
Exclusion of Evidence
Our DWI lawyers can argue that certain pieces of evidence should not be allowed in court. Excluding evidence is an excellent way to weaken the prosecution’s case or even get your case dismissed. Evidence may be excluded if it was collected incorrectly or was in violation of your rights.
Medical Conditions
Certain medical conditions can mimic the effects of drugs or alcohol. If you have diabetes or another medical condition that causes drowsiness, slurred speech, or a lack of balance, your medical records can be used in your defense.
Improper Field Sobriety Tests
Field sobriety tests are often used to prove a defendant’s level of intoxication. However, if these tests are not administered correctly, they can yield improper results. Our attorneys will examine the details of your tests and how they were conducted.
Contaminated Chemical Test Results
When you are arrested for a DWI, your blood or urine will likely be taken for testing at a lab. It’s possible for these labs to make mistakes, showing drugs or alcohol in your system when there was none.
Violation of Your Rights
Everyone has rights under the law, even after an arrest or detainment. If your rights were violated in any way, our team could argue that the case against you cannot continue.
Do You Need an Experienced San Marcos DWI Lawyer?
If you have been arrested for a DWI in San Marcos TX, you need a San Marcos DWI attorney on your side from the start. Our team will create a legal strategy to reduce or remove the penalties you are facing so you can get back to your regular life as soon as possible. We understand how overwhelming this process can be, and we are here to support you throughout your entire case.