Experienced San Antonio DWI Lawyer

“DWI” stands for “driving while intoxicated.” According to Texas law, intoxication is defined as “not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of 0.08 or more.”

This is referred to as a person’s blood alcohol content (BAC) or simply blood alcohol level. It measures the amount of alcohol in a person’s system. To determine a person’s BAC, states typically use breathalyzers and/or blood tests.

Currently, each state has set the criminal blood alcohol level at or above 0.08%.

The reliability of a DWI test is always a factor. The amount of time between the “offense” and when the test is administered is one factor to consider. The number of tests given and the time between each test must also be considered. It is also necessary to consider the defendant’s characteristics. Some people are said to exhibit behaviors or mannerisms that could be misinterpreted as signs of intoxication.

Characteristics and general behaviors include but are not limited to:

• Weight and gender
• Drinking pattern
• Alcohol tolerance
• How much the person drank that day
• What the person drank
• The duration of drinking time
• The last time the person had a drink
• Any food the person consumed before, during, or after the drinking

Texas uses what is called a standardized field sobriety test, or SFST, which is composed of three different tests. These tests include:

• Horizontal Gaze Nystagmus (HGN) test
• One-leg Stand (OLS) test
• Walk and Turn (WAT) test

The National Highway Traffic Safety Administration developed the three tests that comprise the SFST in the 1970s, and law enforcement began using them in 1981. It was determined that this was the most effective method of determining the intoxication of a driver with a BAC of 0.10 or higher. The officer administering the test determines the validity of this method of testing. If the test is administered correctly, the accuracy of each test is as follows:

• HGN – 77%
• WAT – 68%
• OLS – 65%

Of course, this is cause for concern. Even in a laboratory setting, each test was incorrect at least 23% of the time. You must have a San Antonio DWI lawyer who understands how to read these tests and analyze the circumstances surrounding the tests. Joseph Lassen worked for the New York Police Department for over 20 years and has seen his fair share of intoxicated drivers and field sobriety tests. Allow The Law Firm of Joseph Lassen’s experience and knowledge to defend you.

Yes. However, due to the implied consent law, the state may attempt to revoke your driver’s license if you refuse these tests. Some argue that because the prosecution lacks actual evidence to use against you at trial, it is more difficult for the prosecution to convict you of DWI.

A DWI checkpoint, also known as a sobriety checkpoint, is a designated location where law enforcement officers stop and check drivers for signs of alcohol or drug impairment. DWI checkpoint laws differ from state to state. To learn more about the legality and use of DWI checkpoints, contact the Department of Public Safety or Joseph Lassen.

The exact legal process will vary depending on your jurisdiction’s laws and your specific situation. However, after an officer has pulled you over and determined you’re driving under the influence (generally using field sobriety tests, chemical tests, or both), you can expect to:

• Have your vehicle impounded
• Be taken into custody
• Be charged for driving while intoxicated
• See variation in the length of custody. Sometimes, it’s until you can get a ride or sober up; other times, it’s until you can go before a judicial officer such as a magistrate and have an arraignment.
• Pay a bail or bond before being released
• Have your license temporarily suspended or receive temporary driving privileges
• Have your official trial scheduled
• Be assigned a court-appointed attorney (also known as a public defender) or hire your private DWI lawyer
• Attend your official hearing and receive your judgment and any associated penalties

No. To arrest you for DWI, an officer only needs probable cause. This is not a finding of guilt, but rather the officer’s opinion. To convict you of an offense, a judge or jury must have proof beyond a reasonable doubt. Call The Law Firm of Joseph Lassen to receive a thorough analysis of your case and to determine the best way to protect you from further harm.

It is conceivable. To save your license, you have 15 days from the date of your arrest to request an administrative license revocation (ALR) hearing. This is why if you are searching for a “DWI attorney near me” in San Antonio, it is critical that you contact our law firm and request a consultation with our experienced San Antonio DWI attorney as soon as possible after your arrest.

A common DWI penalty is license suspension or revocation. Depending on the facts of your case, the severity of the offense, and prior convictions, The Law Firm of Joseph Lassen can reduce or even dismiss your charges.

The nature of your DWI conviction will determine whether it is a misdemeanor or a felony. Misdemeanor charges are the most common type of DWI charges. In general, a misdemeanor conviction occurs when:

• Your BAC isn’t too much over the legal limit
• There was no personal injury or death involved
• You don’t have prior convictions

On the other hand, felony DWI often involves:

• High BAC
• A child passenger
• A personal injury or death
• Prior convictions
• Driving while your license is already suspended or revoked

Needless to say, a felony DWI conviction carries much harsher penalties than does a misdemeanor charge.

Yes. Driving under the influence is a criminal offense, and it will appear on your criminal record. You may be able to have your record expunged depending on the specific circumstances.

Yes, in most cases; however, it depends on how thorough the background check is and how far back the check extends. Remember that criminal background checks — which are more focused on criminal convictions than regular background checks — may always reveal your DWI conviction (unless your record has been expunged).

Yes. If you are convicted of driving under the influence, your car insurance provider will consider you a “high risk” driver and will either raise your rates or refuse to renew your policy. You may also be required to file SR-22 or FR-44 forms. An SR-22 form verifies that you have met your state’s car insurance requirements and that you will maintain coverage for a specified period of time. An FR-44 form requires you to purchase car insurance limits that are higher than the minimum requirements in your state. Please call or email The Law Firm of Joseph Lassen at +1-210-625-6540 for a free consultation.