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 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.
Understanding Blood Alcohol Concentration (BAC)
One of the key factors in a DWI charge is the blood alcohol concentration, or BAC. Texas law sets the legal limit for BAC at 0.08% for drivers aged 21 and over. This means if your BAC is 0.08% or higher, you are considered legally intoxicated and can be charged with a DWI. For commercial drivers, the limit is lower, typically 0.04%, and for drivers under 21, any detectable amount of alcohol can result in a DUI charge.
BAC is measured through breathalyzer tests, blood tests, or urine tests. However, these tests can sometimes be challenged based on how they were administered, the timing of the test, or the maintenance and calibration of the testing equipment.
The Importance of Legal Representation
Facing a DWI charge is serious and can have lasting consequences on your driving privileges, criminal record, and overall life. It is crucial to seek legal representation from an experienced San Marcos DWI lawyer who understands the complexities of Texas law and the nuances of DWI cases. Skilled defense attorneys can scrutinize the evidence, challenge improper procedures, and work to achieve the best possible outcome for your case.
Age Differences Between DWI and DUI Charges
While DWI and DUI charges are related, they apply to different age groups and have different legal implications. A DUI charge is typically reserved for individuals under 21 years old who are caught driving with any measurable amount of alcohol in their system, reflecting Texas’s zero-tolerance policy for underage drinking and driving. In contrast, a DWI charge applies to adults 21 and older who operate a vehicle with a BAC at or above the legal limit or while impaired by substances.
Understanding these distinctions is important when facing charges, as the penalties, legal processes, and defense strategies can vary significantly depending on the charge.
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 criminal defense 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.
Additionally, a first offense DWI can result in a driver’s license suspension for up to one year, and the installation of an ignition interlock device may be required. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath. Completing a DWI education program is often mandatory, which aims to educate offenders on the dangers of driving while intoxicated and prevent future offenses.
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. Furthermore, your driver’s license could be suspended for up to two years, and you may be required to install an ignition interlock device.
The court may also mandate participation in a repeat offender program, which focuses on rehabilitation and preventing subsequent offenses. The penalties increase significantly with a second offense, reflecting the seriousness with which Texas law treats repeat DWI offenses.
Third Offense DWI
For a third offense, you will face fines of up to $10,000 and two to ten years in jail. This offense is classified as a third degree felony, which carries severe consequences, including a driver’s license suspension for up to two years and the mandatory installation of an ignition interlock device.
The court may also impose community service requirements and mandate participation in a substance abuse treatment program. A third DWI conviction significantly impacts your criminal record, affecting employment opportunities and other aspects of life.
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. Additionally, this offense can lead to a driver’s license suspension and the mandatory installation of an ignition interlock device.
The presence of a child passenger in a DWI case is considered an aggravating factor, leading to harsher penalties due to the increased risk to the child’s safety.
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. This charge is classified as a third degree felony, and the penalties reflect the severe impact on the victim.
The court may also require restitution to cover the victim’s medical expenses and other related costs. Intoxication assault cases often involve complex legal issues, requiring a skilled criminal defense attorney to navigate the legal system effectively.
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. This is considered a second degree felony, carrying significant legal and personal consequences.
In addition to prison time, offenders may face civil lawsuits from the victim’s family, seeking compensation for their loss. Intoxication manslaughter criminal defense cases are among the most serious DWI offenses, requiring a robust defense strategy to challenge the prosecution’s case and protect the defendant’s rights.
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 defense 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 San Marcos 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 typically 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.
It is critical to act promptly because failing to request an ALR hearing within the 15-day window will result in an automatic suspension of your driver’s license, typically for at least 90 days. This suspension occurs regardless of the outcome of your criminal case, so the ALR hearing is your primary opportunity to protect your driving privileges early in the process.
At the ALR hearing, your attorney can challenge the validity of the traffic stop, the administration and results of any breathalyzer or blood tests, and whether the arresting officer had probable cause or reasonable suspicion to make the stop and arrest. Successfully contesting these points can lead to your license being reinstated or the suspension being reduced.
Because the ALR hearing is separate from the criminal case, it allows for a focused legal battle on your driving privileges without the pressure of criminal penalties. Having a skilled San Marcos DWI lawyer familiar with Hays County courts and courtroom procedures can make a significant difference in the hearing’s outcome.
In addition to representing you at the ALR hearing, your attorney can advise you on legal options moving forward, including strategies to seek deferred adjudication or other favorable outcomes in your criminal case. Early legal assistance is essential to navigate the complexities of Texas law and to mount an aggressive defense tailored to your specific situation.
If you have been arrested for DWI in San Marcos or Hays County, do not delay in contacting our law offices for a confidential consultation. Our experienced team is committed to providing aggressive representation and fighting for your rights at every stage of your case.
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 San Marcos police department, 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 with criminal law. 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 criminal defense 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 aggressive defense 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 criminal offense case.
Our team at Seymour & Vaughn has been serving the San Marcos community for years. We are confident that we can help you get the outcome you deserve in your DWI case. For more information, please call us at 830-212-4387.
Choosing the right San Marcos DWI lawyer is crucial because local expertise matters. Our attorneys have in-depth knowledge of Hays County courts, local law enforcement tactics, and the district attorney’s office procedures. This familiarity allows us to anticipate prosecution strategies and tailor a defense that best fits your unique situation.
We also prioritize clear communication and transparency. From the outset, we provide a detailed explanation of our fee structure so you know what to expect. Many clients appreciate our personalized approach, where we develop defense strategies specifically suited to the facts of their case rather than using a one-size-fits-all method.
Our team includes former prosecutors and seasoned defense attorneys who bring valuable insights from both sides of the legal system. This experience enhances our ability to negotiate effectively with prosecutors and fight aggressively in court when necessary.
We offer free initial consultations to discuss your case and legal options. Early involvement of an experienced DWI lawyer can make a significant difference in protecting your rights, challenging the evidence, and potentially avoiding harsh penalties.
With a track record of successfully defended clients in San Marcos and surrounding areas, Seymour & Vaughn is committed to providing aggressive representation and guiding you through every step of the legal process.