San Antonio, TX Second DWI Defense Attorney

Aggressive Defense for You Second DWI in San Antonio

Facing a second DWI charge in San Antonio, Texas? The consequences are far more serious than a first-time DWI offense. With a prior conviction on your record, you’re likely looking at Class A misdemeanor charges—along with harsher penalties, mandatory jail time, and the potential for long-term license suspension.

At this stage, the stakes are high:

• Jail time: From 72 hours up to 12 months
• Fines: As much as $4,000
• Driver’s license suspension: 6 to 24 months
• Supervised probation or community service
• Permanent criminal record

Your second DWI arrest in Texas isn’t just a repeat offense—it’s a critical moment that can affect your job, your freedom, and your future. That’s why working with a proven San Antonio second DWI defense lawyer is absolutely essential.

Charged with a Second DWI in San Antonio? Schedule a free consultation or call (210) 893-0000. Hablamos Español.

Second DWI with Blood Test in San Antonio, TX

If you’re facing a second DWI charge in San Antonio, and police obtained a blood sample, your case may rely heavily on chemical evidence. Texas law allows officers to arrest you for DWI if they have direct evidence of intoxication—often gathered through a blood or breath test after a traffic stop.

While breath tests are commonly used, they can be unreliable in some cases. If police suspect you’re under the influence of drugs or if a breath sample seems insufficient, they may request a blood draw instead. Blood testing is typically used when:

• Drug use is suspected
• There was an accident or injury
• A breathalyzer was refused or inconclusive

How Blood Testing Works

Blood tests involve analyzing a sample for the presence of alcohol, prescription medications, or illegal substances. The results are often more detailed than breath tests, and courts typically view them as more accurate.

Do I Have to Consent to a Blood Test During a DWI Stop in San Antonio?

In most situations, you are not legally required to consent to a blood test during a DWI investigation in Texas. You have the right to refuse chemical testing, including breath and blood samples. However, refusing a blood test does not mean you’re in the clear—and it can still lead to serious consequences.

On designated “no refusal” weekends in San Antonio and across Texas, police can quickly obtain a warrant for a blood draw, even if you decline consent. If you’re arrested and refuse testing, officers can still collect a sample using that warrant.

What Happens If You Refuse Blood Test?

Refusing a blood test can trigger immediate administrative penalties:

• Your driver’s license may be seized on the spot
• You’ll face an automatic license suspension
• You must request an ALR (Administrative License Revocation) hearing to contest the suspension
• A judge can suspend your license for up to 12 months for a second DWI refusal

If you’ve been arrested for a second DWI in San Antonio involving a blood test, it’s critical to speak with an experienced attorney right away. Protect your license, your record, and your future.

However, just because a blood test was performed doesn’t mean the results are flawless. From the method of collection to how the sample was stored, errors in the process can lead to inaccurate or inadmissible results.

How Can I Challenge Blood Test Results After a Second DWI Arrest in Bexar County, Texas?

If you’re facing a second DWI charge in San Antonio and the case involves blood test evidence, you need a defense attorney who understands how to identify weaknesses in chemical testing. While blood tests are often considered reliable, they’re not foolproof—and mistakes can lead to invalid results.

There are several ways to challenge blood test evidence, including:

• The blood was drawn from an improper site
• The testing equipment was not properly maintained or calibrated
• A retained sample was not preserved for independent testing
• The chain of custody was broken or mishandled
• Lab technicians failed to follow proper protocols or procedures

By uncovering these errors or deviations, your attorney may be able to weaken the prosecution’s case. In some situations, this can lead to a reduced charge, a more favorable plea deal, or even a full dismissal of your DWI charges.

Second DWI with Breath Test in San Antonio, TX

If you’ve been charged with a second DWI in San Antonio, and the arrest involved a breath test, it’s important to understand how this type of evidence works—and how it can be challenged.

Breathalyzers are commonly used by law enforcement to estimate intoxication levels. These devices are designed to detect the presence of alcohol only—they do not identify drugs, prescription medications, or other impairing substances.

When police suspect that you’re driving while intoxicated, they may ask you to submit to a breath test, either at the scene or at the station. You’ll be required to blow into the device, which measures the amount of alcohol in your breath. The breathalyzer then converts that number into an estimated blood alcohol concentration (BAC).

Can You Refuse a Breath Test in Texas?

Yes, you have the right to refuse a breath test. But refusal comes with consequences:

• Prosecutors may use your refusal to suggest consciousness of guilt
• Your driver’s license will be immediately seized upon arrest
• You must request an ALR hearing within 15 days to contest the suspension

For a second DWI offense, your license can be suspended for up to 12 months—even before your criminal case is resolved.

If your second DWI involved a breath test, a skilled San Antonio DWI defense lawyer can challenge the validity of the results and protect your rights throughout the legal process.

Let a San Antonio Second DWI Defense Lawyer Fight for You. Get legal help now by calling (210) 893-0000. Free case review available.

Challenging Breath Test Results in a San Antonio Second DWI Case

Breath tests are not always reliable—and in a second DWI case, where the penalties are more severe, it’s critical to scrutinize the results. Despite being widely used, breathalyzer devices are prone to error, and the results can often be challenged successfully with the right legal strategy.

If you’ve been arrested for a second DWI in San Antonio based on breath test results, your attorney may be able to question the evidence by examining whether:

• The breathalyzer device was properly maintained and calibrated
• The officer failed to follow proper testing procedures
• Certain foods, mouthwash, or over-the-counter products led to a false reading
• Medical conditions or prescription medications influenced the result

Any deviation from proper protocol or scientific accuracy can be grounds for excluding the breath test evidence or reducing its impact in court. The less reliable the evidence, the stronger your chances of negotiating a better outcome—or having charges reduced or dismissed entirely.

Second DWI with an Accident in San Antonio, TX

If your second DWI arrest in San Antonio involved a car accident, you could be facing significantly enhanced criminal charges—including felonies. Whether the crash caused property damage, injuries, or loss of life, the legal consequences are far more severe than a standard DWI case.

Property Damage from a Second DWI

When a DWI-related crash causes damage to another person’s property—such as a vehicle, fence, or building—you may be charged with:

• Reckless damage (typically a misdemeanor)
• Criminal mischief, which can escalate to a felony depending on the value and type of property

The severity of the charge depends on the extent of the damage and whether the act was considered intentional, reckless, or knowing.

Bodily Injury: Intoxication Assault

If the accident resulted in serious bodily injury, prosecutors can charge you with intoxication assault—a third-degree felony under Texas law.

“Serious bodily injury” means injuries that:

• Pose a substantial risk of death
• Cause long-term disfigurement
• Lead to permanent loss or impairment of a body part or function

Penalties for intoxication assault include:

• 2 to 10 years in prison
• Up to $10,000 in fines
• A felony conviction that can impact your future permanently

Fatal Accidents: Intoxication Manslaughter

A second DWI involving a fatal accident can lead to charges of intoxication manslaughter—a second-degree felony.

Punishment includes:

• 2 to 20 years in prison
• Fines up to $10,000
• Possible license revocation and other civil consequences

These are life-changing penalties that require immediate legal action. If you’ve been arrested for a second DWI with an accident in San Antonio, it is critical to retain a skilled defense lawyer right away.

Contact a San Antonio Second DWI Defense Lawyer Today

Facing a second DWI charge in San Antonio can feel overwhelming—but you don’t have to face it alone. At Ried Pecina Trial Lawyers, our experienced criminal defense attorneys understand what’s at stake and are ready to fight for your freedom, your license, and your future.

We provide aggressive, strategic representation tailored to the unique circumstances of your case—especially when prior convictions, blood or breath tests, or an accident are involved.

Call us now at 210-893-0000 to schedule your confidential consultation with a San Antonio second DWI defense lawyer.
Offices in San Antonio, Harlingen, and Brownsville — proudly serving clients across South Texas.
Hablamos Español.

Trusted DWI Defense Lawyers Serving San Antonio and Bexar County. Contact us online or call (210) 893-0000 to protect your future. Hablamos Español.

Frequently Asked Questions About Second DWI Charges in San Antonio, TX

What are the penalties for a second DWI in San Antonio, Texas?

A second DWI in Texas is a Class A misdemeanor. Penalties may include 3 to 365 days in jail, fines up to $6,000, driver’s license suspension for up to 2 years, probation, and a court-ordered ignition interlock device. Aggravating factors such as an accident or high BAC can increase the penalties.

Is a second DWI a felony in Texas?

A second DWI is usually a misdemeanor, but it can become a felony if the case involves serious bodily injury (intoxication assault), a fatal crash (intoxication manslaughter), or other aggravating circumstances.

Can I refuse a breath or blood test during a DWI stop in Texas?

Yes, you can refuse a chemical test, but refusal carries consequences. Police may obtain a warrant for a blood draw, and your driver’s license will be subject to immediate suspension unless you request an ALR hearing within 15 days. Refusal can also be used as evidence in court.

How do I fight breathalyzer or blood test results in a second DWI case?

You can challenge test results by questioning the accuracy and procedures. Defenses include improper calibration of the device, failure to follow testing protocols, medical conditions affecting results, and errors in sample handling or lab analysis. A skilled DWI lawyer can uncover these issues to weaken the state’s case.

How long does a second DWI stay on my criminal record in Texas?

A second DWI conviction stays on your record permanently in Texas. Unlike some offenses, DWIs are not automatically sealed or expunged. You may only be eligible for non-disclosure under limited conditions, making legal defense critical to avoid a lasting criminal record.

Do I need a lawyer for a second DWI charge in San Antonio?

Yes. A second DWI carries more severe penalties and long-term consequences than a first offense. An experienced San Antonio DWI lawyer can challenge evidence, protect your license, and negotiate for reduced charges or dismissal. Hiring the right attorney greatly improves your chance of a favorable outcome.