Lawyers Who Fight For Your Freedom In San Antonio, TX
Considering Legal Counsel for Your First DWI in San Antonio, Texas?
If you have just been charged with your initial DWI offense in San Antonio—and no special circumstances apply—it is classified as a Class B misdemeanor. A guilty verdict can bring up to 180 days behind bars and fines of as much as $2,000. Beyond that, the court may require supervised probation and suspend your driving privileges. Below is an outline of the key facts to understand if you are facing a first‑offense DWI in San Antonio or the surrounding metro area:
Schedule a free consultation with the San Antonio, TX first-time DWI defense lawyers at Ried Pecina Trial Lawyers today by calling (210) 893‑0000. Available 24/7. Hablamos Español.
First‑Offense Texas DWI Involving a Blood Analysis (Blood Test)
Operating a motor vehicle while impaired by alcohol in San Antonio is against the law. To prove a DWI, the State has two principal avenues. One route hinges on circumstantial evidence and demonstrably poor performance on standardized field sobriety exercises to establish probable cause. The other path relies on scientific testing—such as a blood draw—to measure the alcohol concentration in your bloodstream.
What Is a Blood Test (Blood Draw)?
In San Antonio, law enforcement will often rely on a blood analysis to prove intoxication because it typically offers greater accuracy than a breathalyzer. A medical professional withdraws a sample of your blood, which a lab then examines for alcohol concentration and any other substances. Evidence of drugs or alcohol in your bloodstream can be used against you in a San Antonio DWI case.
Can I Refuse a Blood Test?
Yes—you may decline a blood draw in San Antonio. However, doing so triggers automatic penalties: your license is seized at arrest and suspended for 180 days. To challenge that suspension and retain driving privileges, you must request an administrative hearing within 15 days of your arrest.
How Are Blood Tests Challenged?
Winning a DWI case supported by positive blood results requires an attorney who knows how to attack every link in the testing process. Your lawyer will investigate your case for flaws such as:
- Drawing blood from an incorrect site
- Improper sample storage or handling
- Uncalibrated or malfunctioning lab equipment
- Breaks in the chain of custody
- Contaminated or poorly maintained instrumentation
Any credible issue that undermines the reliability of your test results must be presented in court. Without solid, unchallenged evidence, the prosecution may offer a plea agreement or drop the charges altogether.
Protect your rights now—consult with San Antonio’s premier first-time DWI defense team at Ried Pecina Trial Lawyers. Call (210) 893‑0000 for a 24/7 free case review. Hablamos Español.
First‑Offense DWI in San Antonio: Breath Test
When you face a first‑time DWI arrest in San Antonio, one of the quickest and most cost‑effective tools police use is the breathalyzer. Although Texas law allows you to refuse a breath test, declining can trigger additional penalties—even if you are later convicted. Beyond criminal fines and potential jail time, you risk extra driver’s license suspensions and administrative fees.
What Is a Breath Test?
A breathalyzer is a handheld or stationary device that estimates your blood‑alcohol concentration (BAC) by analyzing a breath sample. The machine applies a chemical or infrared‑based formula to convert breath alcohol into an approximate BAC percentage. Officers rely on this reading to establish that your impairment exceeds the legal limit.
How to Challenge Breath Test Results
Breathalyzer readings are notoriously susceptible to error. A San Antonio DWI attorney will attack the reliability of your test on multiple fronts, including:
- Improper Test Administration: Failure to follow Texas Department of Public Safety protocols when administering or recording the test.
- Faulty or Miscalibrated Equipment: Devices must be maintained, calibrated, and certified at precise intervals—any lapse can render results invalid.
- Individual Variations: Factors such as weight, age, gender, medical conditions, and recent food or drink intake can skew readings.
- Mouth Alcohol Contamination: Mouthwash, cough syrup, or even dental work can introduce residual alcohol that inflates BAC.
- Health and Medication Interference: Certain health issues or prescription drugs may trigger false positives.
By uncovering flaws in the testing procedure, equipment maintenance, or your own physiological factors, your attorney can cast doubt on the prosecution’s evidence—often forcing a reduction of charges or even dismissal. Call Ried Pecina Trial Lawyers at (210) 893‑0000 for a free consultation with a San Antonio first‑time DWI breath‑test defense attorney.
First‑Time DWI Involving a Crash
Driving under the influence dramatically increases your chances of a collision. If your first DWI arrest in San Antonio or any of the subdivisions like Leon Valley, follows a crash, the stakes—and potential penalties—rise sharply depending on the harm caused.
Property Damage Only
• Reckless Damage (Class C Misdemeanor): If the crash damages only property, you may face a reckless damage charge—a misdemeanor punishable by fine.
• Criminal Mischief (Misdemeanor or Felony): When property damage exceeds statutory thresholds, prosecutors elevate charges to criminal mischief. The level (Class B or Class A misdemeanor, or third‑degree felony) depends on the dollar value of the damage.
Injury to Another Person
• Intoxication Assault (Third‑Degree Felony): If someone suffers “serious bodily injury”—an injury causing permanent disfigurement, impairment, or substantial risk of death—your first‑offense DWI is upgraded to felony assault.
DWI Fatality
• Intoxication Manslaughter (Second‑Degree Felony): Causing another person’s death, including a passenger, can lead to intoxication manslaughter charges—even if the fatality occurs days or weeks later. A conviction carries significant prison time and fines.
Call a San Antonio, Texas First-Time DWI Defense Attorney
Don’t wait—every moment counts. Call Ried Pecina Trial Lawyers now at (210) 893‑0000 for a free, no‑obligation consultation with San Antonio’s premier first‑time DWI defense team. Available 24/7, we will immediately begin investigating your case, challenging evidence, and fighting to protect your freedom and driving privileges. Act today to secure the aggressive, trial‑ready defense you deserve.
Start your defense today with San Antonio first-time DWI lawyers. Call (210) 893‑0000 now to schedule a no-obligation consultation. Hablamos Español.
Frequently Asked Questions – First‑Time DWI with an Accident in San Antonio
Can my first‑offense DWI become a felony if I crash?
Yes. In Texas, a first‑time DWI that causes serious bodily injury to another person is elevated to a third‑degree felony (Intoxication Assault). If the collision results in a fatality, it becomes a second‑degree felony (Intoxication Manslaughter).
What penalties apply for property damage only?
If your DWI accident causes only vehicle or property damage, you may face a Class C misdemeanor for reckless damage or a misdemeanor/felony Criminal Mischief charge depending on the dollar value of the harm.
How does Texas define “serious bodily injury”?
Serious bodily injury includes wounds or impairments that create substantial risk of death, permanent disfigurement, or long‑term loss of bodily function—triggering Intoxication Assault charges when caused by a DWI crash.
What is Intoxication Assault in Texas?
Intoxication Assault is a third‑degree felony when a DWI driver causes serious bodily injury. Penalties include 2–10 years in prison and up to $10,000 in fines.
What is Intoxication Manslaughter?
When a DWI‑related crash leads to death—whether immediate or delayed—the charge is Intoxication Manslaughter (second‑degree felony), punishable by 2–20 years in prison and fines up to $10,000.
How can a San Antonio DWI lawyer help after an accident?
A first‑time DWI defense attorney will investigate the crash, challenge evidence (blood, breath, or field tests), negotiate with prosecutors, and fight to reduce or dismiss charges—preserving your driving record and freedom.
What should I do immediately after a DWI crash?
Ensure everyone’s safety and call your criminal defense lawyer. Right after that, call 911. Report the collision to San Antonio or Leon Valley PD, document the scene and injuries, exchange insurance details. Speak to a San Antonio DWI attorney before making any statements—especially to the police.
How soon must I request an ALR hearing?
You have only 15 days from arrest to request an Administrative License Revocation (ALR) hearing to challenge your driver’s license suspension—missing this deadline can cost you your driving privileges.
Why Hire Ried Pecina Trial Lawyers for my first‑time DWI accident defense?
Our San Antonio DWI attorneys combine local court knowledge, trial‑ready advocacy, and proven success defending first‑offense DWI cases—including those involving collisions—to secure the best possible outcome.
How do I get started with a free consultation?
Call (210) 893‑0000 now. We are available 24/7 to review your DWI accident charge, explain your rights under Texas law, and outline a defense strategy tailored to your case.
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Comprehensive Personal Injury Legal Solutions in San Antonio
When a commercial truck collides with a passenger vehicle, the damage is rarely minor. These are high-impact, high-consequence events—often leaving victims with severe injuries, long-term medical needs, and overwhelming financial stress. Lives can change in an instant, and recovering what you’ve lost isn’t something that happens automatically.
At Ried Pecina Trial Lawyers, we represent individuals and families across Texas who have suffered injury or loss due to trucking accidents involving 18-wheelers, dump trucks, cement mixers, delivery fleets, and other commercial vehicles.
These aren’t simple fender benders. Trucking companies and their insurers move quickly to minimize liability, shift blame, and protect their bottom line. As trial attorneys with backgrounds in both plaintiff litigation and insurance defense, we know the tactics they use and how to defeat them.
Call Our Experienced Personal Injury & Criminal Defense Attorneys
Whether facing a criminal charge or dealing with the aftermath of a personal injury, our attorneys will fight for you every step of the way. Retaining a skilled attorney is vital to safeguarding your rights and achieving the best possible outcome.
For personal injury victims, the journey to recovery can be daunting. Health complications, disability, and lifestyle changes can negatively impact you and your loved ones. Our mission is to seek the compensation you deserve, and alleviate financial burdens, so you can focus on your recovery.