Leon Valley, Texas, DWI and DUI Attorneys

Criminal Defense Lawyers Serving Leon Valley & San Antonio

If You’re Stopped for DWI in Leon Valley, TX

If you’re pulled over for a suspected DWI in Leon Valley, it doesn’t automatically mean you’ll be arrested, but it does mark the beginning of the DWI process. Below Information can help you know what to expect and how to protect your rights.

The Initial Stop and Field Sobriety Tests

When an officer pulls you over in Leon Valley, Texas, they will likely ask if you’ve been drinking and may request you to perform, Standardized Field Sobriety Tests, which are commonly referred to as SFSTs. These tests are designed to assess whether you are impaired. If the officer believes you’ve failed the tests, they may arrest you for Driving While Intoxicated (DWI).

Arrest and Transportation

If you are arrested by Leon Valley police , the officer will take you into custody and transport you to the jail. There, you will go through the booking process, which includes having your personal information recorded and being officially charged with driving while intoxicated (DWI) or Driving under the influence (DUI).

Processing and Case Filing

After your arrest, the officer will process your case, which involves gathering evidence and filing formal charges. While this part of the process is happening, it’s important to have an experienced DWI defense attorney in Leon Valley on your side to guide you through the next steps.

Facing DWI Charges in Texas? Act Quickly!

If you’ve been arrested for Driving While Intoxicated, you are facing serious legal challenges. Texas imposes strict penalties for DWI offenses, and a conviction can have long-lasting consequences. Whether this is your first offense or a repeat charge, having an experienced DWI attorney is essential.

Why Swift Action is Critical

• License Suspension: If you don’t request an Administrative License Revocation (ALR) Hearing within 15 days after your arrest, your license will automatically be suspended.
• Protect Your License: A qualified DWI lawyer can immediately file for a hearing to fight the suspension and save your driving privileges.
• Reduce or Dismiss Charges: With expert legal representation, there’s a chance to get your charges reduced or even dismissed, potentially avoiding severe fines, costs, and penalties.
• Avoid High Fines: DWI convictions can result in fines exceeding $10,000 unless your attorney successfully negotiates a reduction.
• Minimize Jail Time: Jail time is often a mandatory penalty for DWI offenses, but a local criminal justice attorney will work to minimize or eliminate this punishment.

Our Commitment:

At Ried Pecina Trial Lawyers, we’re dedicated to helping you avoid a criminal record and DPS penalties and ensure you don’t face unnecessary probation. Our top priority is to fight for your freedom and protect your future.

Don’t let a DWI conviction derail your life—Call us today at (210) 893-0000 for a free consultation or fill out our contact form.

Can I Fight a DWI Charge?

Yes, it is possible to challenge a Driving While Intoxicated (DWI) charge, and there are several defense strategies that an experienced Leon Valley lawyer may use to fight the case. Just because you’ve been arrested for DWI does not automatically mean a conviction is inevitable. Here are a few common ways that a DWI charge may be contested:

1. Challenge the Traffic Stop

In order for the police to pull you over, they must have a valid reason—whether it’s a traffic violation or suspicion of impaired driving. If the officer did not have a legitimate legal reason to stop your vehicle, any evidence gathered after that stop may be inadmissible in court.

2. Questioning the Accuracy of Field Sobriety Tests

Field sobriety tests are often used to determine whether a driver is under the influence, but these tests can be unreliable. Factors such as weather conditions, physical impairments, or even the officer’s failure to administer the test correctly can affect the results. An attorney may be able to challenge the accuracy of these tests.

3. Challeng Breathalyzer and Blood Test Results

Breathalyzer and blood tests are used to measure your blood alcohol content (BAC), but they aren’t always accurate. Issues such as faulty equipment, improper calibration, or failure to follow protocol during the testing process can lead to inaccurate results. Your attorney may be able to argue that the test results are invalid, weakening the prosecution’s case.

4. Prove That You Were Not Impaired

Even if your BAC is above the legal limit, it doesn’t necessarily mean you were impaired. DWI laws require proof that you were not in full control of your vehicle due to alcohol or drugs. Your Leon Valley criminal defense lawyer may present evidence to show that you were capable of driving safely despite the test results.

5. Attacking the Credibility of the Arresting Officer

If there were mistakes made by the officer during your arrest, such as failure to properly inform you of your rights or mishandling of the situation, this may provide grounds for dismissing the case.

Fighting a DWI charge can be complex, but with the right legal strategy, you may be able to avoid severe penalties or even have the charges reduced or dismissed. Contacting a top DWI defense attorney is essential to evaluating the best approach for your situation.

Important Information About Sobriety Tests

While sobriety tests can be effective, they are not always applied perfectly. The results often depend on the officer’s interpretation and ability to assess your behavior accurately. Field sobriety tests require the officer to compare your performance with what is considered normal behavior, then determine if you appear impaired.

What is Horizontal Gaze Nystagmus (HGN) and How Does It Impact Your DWI Case in Leon Valley?

One of the key components of the Standardized Field Sobriety Tests (SFST) used in DWI arrests in Leon Valley, TX is the Horizontal Gaze Nystagmus (HGN) test. This test is a common tool law enforcement officers use to assess whether a driver is impaired by alcohol or drugs.

How Does the HGN Test Work?

During an HGN test, an officer will ask you to follow a small object—usually a pen or flashlight—with your eyes while keeping your head still. The officer observes the movement of your eyes as they follow the object. Normally, your eyes should smoothly track the object. However, when a person is impaired by alcohol or drugs, the eyes may exhibit involuntary jerking, particularly at certain angles. This jerking motion is referred to as “nystagmus.”

What Does HGN Measure?

The HGN test measures the presence of involuntary jerking or twitching of the eyes, which is believed to be a sign of intoxication. Officers typically look for specific signs during the test, such as:

• Jerking at a 45-degree angle: This could indicate a blood alcohol content (BAC) of 0.08% or higher.
• Distinct, noticeable jerking: This can be a key indicator of alcohol impairment.

However, the HGN test is not perfect and can be influenced by several factors unrelated to alcohol impairment, including:

• Medical conditions: Eye disorders, such as nystagmus caused by a medical condition, can mimic the effects of alcohol impairment.
• Fatigue: Tiredness or drowsiness may cause the eyes to twitch or jerk, leading to inaccurate results.
• Environmental factors: Lighting conditions, glare, or distractions during the test could also impact the officer’s ability to observe eye movements clearly.

Can the HGN Test Be Challenged in Court?

While the HGN test is widely used, its reliability can be questioned, especially when there are factors that could interfere with accurate results. A Bandera Road DWI defense attorney in Leon Valley may challenge the results of an HGN test based on:

• Improper administration: If the officer did not follow proper protocol during the test, the results may not be valid.
• Physical conditions: If you suffer from conditions that could cause involuntary eye movements, the test results may not be accurate.
• Test misinterpretation: Officers must be properly trained to administer and interpret the results of the HGN test. A lack of training or experience could result in a misinterpretation of the signs of impairment.

In many DWI cases, your attorney may argue that the HGN test results are unreliable or inconclusive, potentially weakening the prosecution’s case.

What is the Walk-and-Turn (WAT) Test in a DWI Arrest?

The Walk-and-Turn (WAT) test is another commonly used component of the Standardized Field Sobriety Tests (SFST) administered during a DWI stop in Leon Valley, TX. This test is designed to assess a driver’s coordination, balance, and ability to follow instructions—critical skills that can be impaired when someone is under the influence of alcohol or drugs.

How Does the Walk-and-Turn Test Work?

During the Walk-and-Turn test, the officer will ask you to walk a straight line, heel-to-toe, for a certain number of steps (typically 9), then turn around and walk back the same way. The officer observes your balance, how well you follow the instructions, and your coordination while performing the test. Specific indicators of impairment that the officer looks for include:

• Lack of balance: Struggling to maintain balance while standing or during the walk.
• Stepping off the line: Failure to keep your feet in a straight line.
• Using arms for balance: Raising your arms to maintain balance during the walk.
• Unsteady steps: Taking improper or uneven steps during the test.

What Does the Walk-and-Turn Test Measure?

The Walk-and-Turn test is primarily used to measure a person’s ability to divide their attention between the physical task (walking) and the mental task (following instructions). The theory is that alcohol impairs a person’s ability to do both tasks at once, leading to mistakes or signs of coordination failure.

Factors That Can Affect the Walk-and-Turn Test

While the Walk-and-Turn (WAT) test is designed to identify signs of intoxication, it is not foolproof and can be influenced by several factors unrelated to alcohol impairment:

• Nervousness: Many people feel anxious when performing the test, which could result in signs of instability or poor coordination.
• Injuries or physical limitations: If you have a leg injury, back problem, or any other physical condition, it may affect your ability to perform the test accurately.
• Environment: Uneven ground, weather conditions, or distractions during the test can impact your performance, leading to inaccurate results.
• Improper administration: If the officer doesn’t properly explain or conduct the test, the results could be skewed.

Can the Walk-and-Turn Test Be Challenged?

Yes, the Walk-and-Turn test results can be challenged by an experienced DWI defense attorney in Leon Valley, Texas. There are several ways to question the validity of the test results:

• Improper execution: If the officer did not give clear instructions or did not follow proper protocol, the results may not be reliable.
• Physical conditions: If you have medical conditions that affect your balance or coordination, the test may not accurately reflect your level of impairment.
• Environmental factors: Distractions or unsafe conditions can make it difficult to perform the test properly, providing false evidence of impairment.

In court, your attorney can argue that factors other than alcohol impairment contributed to your performance on the Walk-and-Turn test, potentially weakening the State’s case against you.

What is the One-Leg Stand (OLS) Test in a DWI Investigation?

The One-Leg Stand (OLS) test is another key component of the Standardized Field Sobriety Tests (SFST) that officers use during a DWI stop in Leon Valley, TX. This test is designed to assess a driver’s balance and ability to follow instructions, which can be impaired by alcohol or drugs.

How Does the One-Leg Stand Test Work?

During the One-Leg Stand test, the officer will instruct you to stand on one leg while holding the other leg approximately 6 inches off the ground. You are then asked to count aloud (usually “1,001, 1,002…”) for a set period, typically 30 seconds. The officer will observe your ability to balance while performing the task and watch for signs of impairment.

The officer looks for specific signs of intoxication, such as:

• Swaying: Loss of balance or swaying from side to side while standing on one leg.
• Using arms for balance: Extending arms to help maintain balance.
• Hopping: Lifting the foot off the ground to maintain balance.
• Putting the foot down: Lowering the raised leg before the time is up.

What Does the One-Leg Stand Test Measure?

The One-Leg Stand test is designed to measure your ability to balance and maintain physical control. Alcohol can impair your motor skills and coordination, making it difficult to balance on one leg for an extended period. The test challenges your ability to divide your attention between standing and counting, which is another area often impacted by intoxication.

Factors That Can Affect the One-Leg Stand Test

While the One-Leg Stand test is commonly used to detect signs of impairment, there are several factors unrelated to alcohol or drug impairment that can impact your performance:

• Nervousness: Anxiety or stress about the test can affect your balance, making it more difficult to perform the task.
• Physical injuries: If you have an injury or medical condition that affects your legs or balance, it could make it harder to perform the test accurately.
• Environmental conditions: Poor weather, uneven ground, or distractions during the test can cause problems with balance and lead to inaccurate results.
• Improper test administration: If the officer doesn’t properly explain the test or gives unclear instructions, it could affect your ability to perform the task correctly.

Can the One-Leg Stand Test Be Challenged?

Yes, an experienced criminal defense DWI attorney in Leon Valley, TX can challenge the results of the One-Leg Stand test. Common challenges to this test include:

• Improper procedure: If the officer didn’t follow proper testing protocols or gave unclear instructions, the results may not be reliable.
• Physical limitations: If you have a medical condition that affects your balance, such as a leg injury or neurological disorder, the results may not accurately reflect your impairment.
• Environmental issues: Factors like uneven ground or bad weather conditions can lead to poor performance on the test, which may not be due to alcohol impairment.

Your attorney can use these arguments to weaken the prosecution’s case and potentially have the test results dismissed or questioned in court.

What Happens if This Is My First DWI?

If this is your first offense for driving while intoxicated (DWI) in Texas, the charge may be classified as a Class B misdemeanor, although the charge be enhanced for many reasons. While a first-time DWI typically carries the following penalties, there may be opportunities to lessen the consequences with the right legal approach:

1. Fines: You could face fines of up to $2,000.
2. Jail Time: A sentence ranging from 3 days to 180 days behind bars.
3. License Suspension: Your driver’s license may be suspended for up to two years.
4. Education or Intervention: Participation in a DWI education or intervention program is required.
5. Ignition Interlock: You might be required to install an ignition interlock device in your vehicle.

While three days is the minimum jail sentence for a first-time DWI, jail time is not always inevitable, and there are several strategies a good criminal defense attorney can use to reduce or even avoid incarceration.

If your blood alcohol content (BAC) was 0.15 or higher, the charge generally increases to a Class A misdemeanor, which carries more severe penalties, including:

• Up to one year in jail
• Fines of up to $4,000

Having an experienced DWI lawyer in your area can make a significant difference in achieving the best possible outcome in your case.

Is Early Termination of DWI Probation Possible?

A common question for those serving a DWI probation is whether it’s possible to be released early. DWI probation tends to come with more stringent requirements than other types of probation, which can make it feel particularly challenging. Added to that, the costs associated with things like an ignition interlock device can build up over time, causing financial strain. But is early termination of DWI probation even an option?

The issue is somewhat complex. Texas law generally prohibits early termination for offenses related to sections 49.04 – 49.08 of the Texas Penal Code (which cover DWI offenses), as stated in Texas Code of Criminal Procedure 42A.701. This means that in many cases, you cannot simply ask to end probation early for a DWI conviction.

However, there is more flexibility with deferred adjudication probation. Under the deferred adjudication rules, the law is less clear-cut. In these cases, the judge may grant early termination of probation if they believe it’s in the best interest of both the defendant and the community. This makes the possibility of early release a little more attainable for those on deferred adjudication.

Additionally, if someone successfully completes their deferred probation, it cannot automatically serve as a reason to deny, suspend, or revoke any professional or occupational licenses—unless specific exceptions apply. This could be particularly important for those whose careers rely on maintaining certain qualifications.

Ultimately, whether early release from DWI probation is granted is at the discretion of the judge. However, many judges give significant weight to recommendations from probation officers. A clean record while on probation can result in a positive report, which could increase the chances of an early release.

Call Ried Pecina Trial Lawyers

We are the criminal defense attorneys that fight for your freedom. Don’t let a DWI conviction in Bexar County negatively impact your life—Call today at (210) 893-0000 for a free consultation or fill out our short contact form. Your freedom comes first.