Can First-Time Offenders Get DWI Charges Dropped in Bexar County?

A DWI charge in Bexar County can lead to severe penalties, but it is important to remember that it does not have to define your future. With the right legal strategy, there are potential avenues to get your charges dropped, offering hope for a better outcome. This blog post will discuss what constitutes a DWI in Texas, explore key defense strategies, and explain how laws like the state’s Second Chance Law may apply to your case. Read on to gain clarity and learn how a skilled DWI attorney in San Antonio can help drivers in Bexar County get DWI charges dropped.

What Constitutes a DWI in Texas?

In Texas, driving while intoxicated (DWI) is a serious offense defined by strict legal standards. You can be charged with DWI in Texas if:

1. You operate a vehicle with a blood alcohol concentration (BAC) above the legal limit or
2. Law enforcement determines that your ability to drive safely is impaired by alcohol or drugs, regardless of your BAC.

Furthermore, the legal definition of intoxication is not limited to alcohol. Drugs, whether prescription, over-the-counter, or illegal, can also result in a DWI charge if they impair your driving.

When Am I Legally Intoxicated?

Under Texas Penal Code § 49.01(2)(B), a BAC of 0.08% or higher qualifies as legally intoxicated for drivers aged 21 and older. For commercial drivers, the limit is stricter at 0.04%. For minors under 21, any detectable amount of alcohol violates the law, as outlined in Texas Alcoholic Beverage Code § 106.041.

You are also legally intoxicated whenever alcohol, drugs, or a combination impairs your physical or mental faculties. To determine if you are intoxicated, law enforcement in Bexar County will often use breathalyzer tests, blood tests, and field sobriety exercises. These methods can sometimes produce errors that, when identified by a skilled DWI attorney in San Antonio, can be used to challenge the test results. 

What is the Best Outcome for a DWI Charge in Bexar County, TX.?

The ideal outcome in a DWI case is a dismissal of the charges. However, a dismissal will depend on several factors, including the circumstances of the arrest and the quality of your legal defense. 

A dismissal may be possible if law enforcement violated your rights during the traffic stop or the evidence against you is insufficient. For example, an improperly calibrated breathalyzer or a mishandled blood sample could result in the evidence against you being thrown out.

When a dismissal is not possible, reducing the charge to a lesser offense, like reckless driving, is the next best option. This can limit the penalties you face and reduce the long-term impact on your record. 

Is Jail Time Mandatory for a DWI Conviction?

Jail time is a potential consequence of a DWI conviction in Texas, but it is not always mandatory. For a first-offense DWI, the Texas Penal Code § 49.04 stipulates a minimum jail sentence of 72 hours. If an open container of alcohol was present, the minimum increases to six days. 

Repeat offenses carry harsher penalties. A second DWI conviction could result in a minimum of 30 days and up to one year in jail, while a third offense could lead to a felony charge with up to 10 years in prison. These penalties underscore the importance of hiring skilled criminal defense attorney in Bexar County.  Your defense attorney can help minimize or eliminate any jail time you face, which can often be avoided through probation or participation in a pretrial diversion program.

When Can a DWI be Reduced or Dismissed in Texas?

Whether a DWI can be reduced or dismissed largely depends on the circumstance involved and the strength of your legal defense. Common reasons for a dismissal include:

• Procedural errors during the arrest
• Insufficient evidence; or
• Violations of your constitutional rights.

For example, if the police lacked probable cause to stop your vehicle or failed to administer the sobriety tests correctly, the charges might not hold up in court.

Sometimes, a DWI can be downgraded to a lesser offense, such as reckless driving, particularly if no injuries or property damage are involved. This can help you reduce the penalties you face and avoid a DWI conviction on your record.

What Is the Dismissal Rate for DWI Cases in Texas?

The dismissal rate for DWI cases in Texas is roughly 30–50%. However, this is not a guarantee, as each case is unique. A dismissal is more likely in cases where the police failed to follow proper procedures or the evidence is insufficient. For example, an improperly conducted field sobriety test or a flawed breathalyzer reading could lead to a case being thrown out.

What Is the Second Chance Law for DWIs in Texas?

Texas offers a unique opportunity for certain DWI offenders under its Second Chance Law. This law allows individuals convicted of a first-time DWI to seal their records, provided they meet specific conditions. 

Under Texas Government Code § 411.0731, eligibility for the Second Chance Law depends on the following factors:

1. Your blood alcohol content (BAC) must have been 0.14 or less.
2. Your offense must not have involved an accident, injury, or property damage.
3. You must have completed all court requirements and orders, such as probation and any required classes.

Sealing your record under this law prevents the public and most employers from accessing it, making it easier to move forward without the burden of a DWI conviction on your record. Getting DWI charges dropped or reduced in Bexar County is not impossible, but it requires a solid understanding of the law and a strong legal strategy. At Stephen T. Bowling, DWI & Criminal Defense Attorneys, our legal team will work tirelessly to ensure you receive the best possible defense, whether seeking a dismissal, negotiating reduced charges, or guiding you through programs like the Second Chance Law. If you have been charged with a DWI in San Antonio or elsewhere in Bexar County, do not wait. Contact us today to schedule a free consultation with a skilled DWI attorney and start building your defense.