San Antonio DWI Defense Attorney
A DWI arrest in Texas is serious — but an arrest is not a conviction. There are defenses available, procedural requirements the State must meet, and constitutional protections that apply to every stop, arrest, and test. The outcome depends heavily on how quickly and aggressively your attorney moves.
The Metyko Law Firm handles DWI defense in San Antonio and throughout South Texas. We analyze every element of the stop, the arrest, and the testing procedure — and we fight hard to protect your record, your license, and your future.
The DWI Process in Texas
The Stop
Law enforcement must have reasonable suspicion to stop your vehicle. If the stop was unlawful, evidence obtained from it — including field sobriety tests and breathalyzer results — may be suppressible. We scrutinize every traffic stop from the beginning.
Field Sobriety Tests
The three standardized field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn, One-Leg Stand) are not foolproof. Medical conditions, fatigue, anxiety, prescription medications, and uneven road surfaces can all affect performance. We challenge both the administration and the interpretation of these tests.
Breath and Blood Testing
Breathalyzer results depend on proper machine calibration, maintenance records, and correct administration. Blood tests must follow strict chain-of-custody and testing protocols. We investigate every aspect of the testing process for grounds to challenge the results.
Consequences of a Texas DWI Conviction
- First offense: up to 180 days in jail, $2,000 fine, license suspension up to 1 year, annual surcharge up to $2,000 for 3 years
- Second offense: up to 1 year in jail, $4,000 fine, license suspension up to 2 years
- Third offense (felony): 2–10 years in prison, $10,000 fine
- DWI with child passenger: state jail felony regardless of prior record
- Employment consequences, professional license implications, insurance rate increases
ALR — Administrative License Revocation
When you are arrested for DWI in Texas and either refuse a breath or blood test or fail one, DPS initiates an Administrative License Revocation (ALR) proceeding to suspend your license — completely separate from the criminal case. You have 15 days from arrest to request an ALR hearing or your license is automatically suspended. Do not miss this deadline.
Should I refuse the breathalyzer test?
This is a complex question without a universal answer. Refusing triggers an automatic license suspension under Texas implied consent law and the refusal can be used against you at trial. However, refusing does deny the State chemical test evidence. The right answer depends on your specific circumstances — ideally you should call an attorney before deciding.
Can a DWI be expunged from my record in Texas?
If your DWI charge was dismissed, resulted in a not guilty verdict, or you received deferred adjudication and successfully completed community supervision for a Class B or higher misdemeanor first offense, expunction or non-disclosure may be available. Convictions generally cannot be expunged.
What is the difference between a DWI and a DUI in Texas?
In Texas, DUI (Driving Under the Influence) is a minor offense that applies only to minors (under 21) with any detectable amount of alcohol. DWI (Driving While Intoxicated) applies to adults and requires proof of intoxication — loss of normal use of mental or physical faculties, or a BAC of 0.08 or higher.