San Antonio DWI Defense Lawyer

When a blood test or breathalyzer comes back with a reading of the blood-alcohol content (BAC) level being 0.08% or higher, that puts them over in the legal limit to operate a motor vehicle in the state of Texas. The result is likely to be a charge for driving while intoxicated, or a DWI. What happens next is critical for the person being charged with a DWI. They may be tempted to plead guilty, thinking the evidence is stacked against them. But before doing that, call our San Antonio DWI lawyer, George Scharmen. There are a lot more ways than many people realize to challenge a DWI charge. And at The Law Offices of George A. Scharmen, we have plenty of experience and success at doing just that.

The alcohol number is important, of course in any DWI case, but it is not the end of the story of your defense. We do not know immediately that the number is accurate, or in the event of a blood draw that it is, in fact, your blood. The Department of Public Safety Austin forensic laboratory is overrun with blood tests. The blood tubes go there first where they are handled and identified based upon information bundled with them. Then your tubes are re-boxed and sent with 20 or 30 other persons' tubes to other laboratories for testing in Houston, El Paso, Midland or even Lubbock. The chain of custody outside of the laboratory must be reviewed carefully. Additionally, numbers at or slightly above .08 do not accurately describe your alcohol concentration at the time of driving. THAT TIME is what the prosecutor must prove. The prosecutors will rely upon the video of the sobriety tests, but much of that is debatable in front of a jury. Additionally, numbers at or above .15 are relevant for the same reasons. That number marks the difference between a class A misdemeanor DWI and a class B misdemeanor DWI. Plea bargains revolve around that number, and there are reasons to throw that number out altogether. Every DWI case will have a strategy for reduction to a lower charge or for a dismissal.

We can find that strategy for you. DWI cases are the exclusive focus of our practice. Attorney George A. Scharmen, is a founding member of the National College for DUI Defense (NCDD). George Scharmen has been defending DWI cases exclusively for 30 years. From our San Antonio office, we serve all of Bexar, and throughout Kendall, Kerr, Comal, Wilson, Atascosa, Gillespie, Hays, Guadalupe, Bandera and Medina Counties. Call today at (210) 405-9730 or contact us online to set up a consultation.

Challenging a DWI in Texas

The challenges to a DWI focus broadly on two areas—the legitimacy of administering the BAC level test to begin with, and the accuracy of the reading the test produces. That is, did the officer have the legal right to take the blood or breath specimen? The broader question is whether the laboratory analyst properly followed the Standard Operating Procedures, and if there were errors were they properly noted and corrected? Erroneous laboratory procedures including hardware or software error must be identified and corrected or retest of the blood will be required. The analyst tries his/her best not to retest, but in some instances it is mandatory.

All of the following are issues that our San Antonio DWI attorney can investigate:

Did the police officer have reasonable suspicion to pull the car over? A police officer can’t randomly pull drivers over, they need a reason. Leaving a drinking establishment at a late hour is a possible reason, as is any traffic violation, however minor. But there has to be something that a reasonable person would consider valid for pulling a driver over. Weaving in or slightly over lane markers is NOT a reason to pull you over under the Hardin case.
Did the police officer have probable cause to administer the BAC level test? Drivers are strongly advised to be quiet when being asked questions at the stop. Even the casual admission to having any alcohol at all is enough to qualify for probable cause. So is having alcohol on one’s breath or slurring one’s words. But again, the police officer must have a credible reason for thinking a person might be legally intoxicated and arrested for a DWI offense.
Is there video footage of the stop and any roadside tests, like walking in a straight line? The answer better be yes, as officers should have their dashboard camera running during the stop. Our San Antonio DWI lawyer can review the video to see if roadside tests were conducted fairly, especially if these tests are used to establish probable cause for subsequent testing of blood or breath.
Is the breathalyzer equipment being maintained properly? There are strict rules that police stations must following regarding the breathalyzer equipment. They must be maintained and recalibrated according to specific protocols. Officers need to have completed a training session in how to use them. Any deficiency in following protocol can be used as a basis to challenge the results. Did the officer observe the 15 minute period of time prior to the test.
What was the driver eating prior to the stop? Did you know that eating bread or sugary foods can cause BAC levels to give off deceptively high readings. Maybe someone is driving home after a wedding where they had cake along with a drink or two. Or they were at Happy Hour and had some appetizers with bread in them over a drink with colleagues. They aren’t intoxicated. But the sugar or bread involved might make it appear so. An experienced attorney will know this.
Was the driver taking any medication? There are common forms of medicine that can cause BAC levels to rise slightly. Cough syrup is one. Even mouthwash could be the culprit. This is another way where the person who has otherwise drank responsibly, and within the legal limit, can be unfairly charged with a DWI.
Was the blood test done properly? A blood sample has its own set of protocols that must be observed. These protocols are called chain of custody, and it means the sample must be accounted for every step of the way. From the time the blood is drawn, to its storage, to its testing, to its return to storage. Failure to maintain chain of custody can render the test inadmissible in court. Failure to store the blood properly can cause it to give an inaccurate reading.

Local San Antonio Resources for DWI Defense

When facing a DWI charge in San Antonio, it's crucial to understand the local landscape and resources available to you. The Bexar County Courthouse, located downtown, is where many DWI cases are heard. Familiarity with this venue and its procedures can be a significant advantage. Additionally, the San Antonio Police Department (SAPD) is responsible for many of the DWI arrests in the area. Knowing their protocols and the standard practices of local officers can be pivotal in building a solid defense.

San Antonio's unique culture and lifestyle can sometimes lead to situations where residents find themselves unfairly charged with a DWI. For instance, the city's vibrant nightlife, from the River Walk to the Pearl District, means that many people are out enjoying themselves late into the night. This can sometimes result in increased police scrutiny and DWI stops. Understanding these local dynamics allows us to defend our clients better.

Moreover, local events like Fiesta San Antonio or Spurs games can lead to heightened law enforcement activity. During these times, it's not uncommon for police to set up checkpoints or increase patrols, which can lead to more DWI arrests. Being aware of these patterns helps us anticipate and address potential issues in your case.

At The Law Offices of George A. Scharmen, we are deeply familiar with the San Antonio area and its residents' specific challenges. We know how to navigate the local legal system and leverage our knowledge to provide the best possible defense for our clients. If you're facing a DWI charge in San Antonio, don't hesitate to contact us for a consultation.

Experienced San Antonio DWI Attorneys You Can Trust

The Law Offices of George A. Scharmen make DWI cases our exclusive focus. We know how much detail is involved in investigating these charges. We’re committed to making sure we understand every nuance of how the system works and where it might fail. Defendants face everything from jail to fines to loss of a driver’s license to the loss of reputation in their community. They deserve defense counsel that is fully committed to their case. That’s what we offer.

Call The Law Offices of George A. Scharmen today at (210) 405-9730 or fill out our online contact form to set up a consultation.

Commonly Asked Questions

What Maintenance Is Required for Breathalyzer Equipment in San Antonio?

Breathalyzer equipment in San Antonio must be maintained and recalibrated according to strict protocols. Officers are also required to complete training on how to properly use the equipment. If these protocols are not followed, the results of a breathalyzer test can be challenged. Our San Antonio DWI defense attorney can investigate whether the equipment was properly maintained and if any deficiencies could affect the validity of your test results.

How Can Food & Medication Affect BAC Readings in a DWI Case?

Certain foods and medications can falsely elevate BAC readings in a DWI case. For example, consuming bread or sugary foods before driving can lead to deceptively high BAC levels. Medications like cough syrup or even mouthwash can also affect the results. Our team can consider these factors when building a defense, potentially challenging the accuracy of BAC test results.