San Antonio Expert DWI Lawyer

San Antonio dwi specialist

There’s an adage in medicine that says “minor” surgery is that which is being performed on someone else. The same is true in criminal law. A misdemeanor offense might be referred to as “minor”. But when someone is arrested for driving while intoxicated (DWI) in the state of Texas, even if they’re a first-time offender, the consequences that come from a misdemeanor conviction can be life-altering.

Attorney George A. Scharmen has spent over 40 years fighting for defendants in DWI cases in Texas. 

Call our office today at (210) 405-9730 or fill out our online contact form to set up a free consultation with our San Antonio first DWI offense lawyer. 

Understanding DWI Charges in Texas

In Texas, a DWI charge can be filed when a person is found operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the legal limit is 0.04%, and for drivers under 21, any detectable amount of alcohol can result in penalties. A first DWI offense is classified as a Class B misdemeanor.

Potential Penalties for First-Time DWI Offender in Texas 

Even a first DWI offense comes with the following penalties:

• A fine that can go as high as $2,000.
• Losing one’s driver’s license for up to a year.
• At least three days in county jail minimum and 6 months maximum. 
• Usually a person may be required to do from 24 to 80 hours of community service, depending on the circumstances of the case.
• He will be required to complete a DWI education program.
• There will be a criminal record that can impact future employment opportunities, housing applications, and more.

That might be “only” a Class B misdemeanor, but it is still very serious because it now gives the defendant a criminal record. Before pleading guilty, a defendant should seek the counsel of an experienced attorney. 

What Happens After a First Offense DWI Conviction? 

Let’s begin by saying that the ideal outcome is for there to be no conviction in the first place. 

It has to be emphasized that even a driver’s blood-alcohol content (BAC) level came back at 0.08% or higher—the legal limit in the state of Texas—there are far more options available than most people realize. The constitutional validity of the traffic stop has to be investigated, as does the legitimacy of administering a test. 

Even if that holds up, there are numerous ways—including several that are quite commonplace—for a breath or blood test to be wrong. Defendants owe it to themselves to have their lawyer investigate all of this. 

But there are cases where the evidence amassed by the District Attorney’s office is strong, and defendants rightly want to know what their options are then. Probation is one possibility. 

The Law Offices of George A. Scharmen are nationally recognized in the DWI defense field and has an award-winning staff. We serve both the English and Spanish-speaking communities, offering free consultations and payment plans. 

Call (210) 405-9730 or reach out here online today. Our San Antonio first DWI offense attorney is ready to help.

How DWI Probation Works in Texas

Probation can be granted by either the judge, in the event of a plea agreement, or by a jury, if the defendant is found guilty at trial. 

A sentence is still issued—for example, a convicted defendant might still receive 180 days in county jail for a first DWI offense. But the probation allows them to be placed under community supervision and oversight, rather than be locked up.

The conditions and length of probation will vary depending on the individual circumstances in each case.  

Some common conditions are the following:

• The defendant cannot drink alcohol, even if they are of legal drinking age. 
• The defendant will submit to periodic drug testing, with the frequency varying depending on the specifics of each situation. 
• An ignition interlock device will be installed on the defendant’s vehicle, requiring them to effectively pass a sobriety test before starting their car. This presumes that the defendant is allowed to keep their driver’s license while on probation, another factor that varies in each case.
• The defendant may be subjected to random home inspections by their probation officer in some Texas counties. 
• The defendant will meet monthly with their probation officer, perhaps on Zoom. 
• The defendant will continue to be employed and live up to their responsibilities to family and the community. 
• The defendant will not cross county lines without the permission of their probation officer. Usually that arrangement is made by the judge at sentencing.

A probation will last for at least six months, and could go for as long as two years. The consequences for violating any part of the conditions can result in probation being revoked, which means the original sentence handed down will be imposed and the defendant will likely have to go to jail. 

An Experienced Lawyer You Can Trust For DWI Defense in Texas

A first DWI offense can have lasting effects, but proactive steps can be taken to mitigate these consequences. Engaging a skilled San Antonio first DWI offense lawyer can provide the legal support necessary to navigate the challenges ahead.

By thoroughly investigating the circumstances of your arrest and building a strong defense, legal representation can positively impact the outcome of your case. Working together, you can pursue the best possible resolution, whether that means reducing charges, obtaining a dismissal, or exploring alternative sentencing options.

We’ve all made mistakes in our life, and we all take the consequences of those mistakes. But that doesn’t mean we don’t get the opportunity for a real second chance. The Law Offices of George A. Scharmen are committed to helping people through a first DWI offense and getting to that second chance. 

Call our office today at (210) 405-9730 or contact us online to set up a free consultation with our San Antonio first DWI offense attorney.