Bexar County DWI Lawyer — San Antonio
Charged with DWI in San Antonio or anywhere in Bexar County? Texas law gives you exactly 15 days from your arrest to request your ALR hearing — or your driver's license is automatically suspended. Texas Defense Team defends DWI charges in Bexar County courts. Call now for a free consultation.
DWI Prosecution in Bexar County — San Antonio's Courts
Bexar County is the fourth-largest county in Texas by population, and San Antonio has one of the highest DWI arrest rates of any major Texas city. The Bexar County District Attorney's office — one of the largest in the state — has a dedicated misdemeanor DWI docket and substantial resources for prosecution.
DWI arrests in Bexar County come from multiple agencies: San Antonio Police Department (SAPD), Bexar County Sheriff's Office, Texas Department of Public Safety troopers on I-10, I-35, Loop 410, and Loop 1604, and municipal police in surrounding cities including Converse, Windcrest, Selma, and Live Oak.
Misdemeanor DWI cases are heard in the Bexar County courts at the Paul Elizondo Tower (previously Bexar County Justice Center) in downtown San Antonio. Felony DWI cases go to the District Courts in the same complex. The scale of the San Antonio criminal courts means DWI dockets are active and move at a different pace than smaller counties — making timely attorney intervention critical.
Peter Prak — a Texas Defense Team attorney with an engineering degree from Columbia University and a law degree from NYU — brings analytical precision to evidentiary challenges in DWI cases. In a county where the state has substantial resources, having an attorney who can identify the technical weaknesses in breath-test results and blood-draw protocols makes a measurable difference.
- Tex. Transp. Code §49.04 — DWI — Class B misdemeanor, BAC ≥0.08 or impairment
- Tex. Transp. Code §49.09(b) — Third or subsequent DWI — third-degree felony
- Tex. Transp. Code §49.045 — DWI with child passenger — state jail felony
The 15-Day ALR Deadline After a San Antonio DWI Arrest
After any DWI arrest in Texas — including San Antonio and all of Bexar County — you have exactly 15 days under Tex. Transp. Code §524.031 to request an Administrative License Revocation (ALR) hearing with Texas DPS.
If you miss the 15-day window, your license is automatically suspended:
• First offense: 90 days
• Prior DWI conviction within 10 years: 1 year
• Breath or blood test refusal, first: 180 days under Tex. Transp. Code §724.035
• Breath or blood test refusal, repeat: 2 years
If the ALR hearing is requested in time, the suspension is stayed while the hearing is pending — you can continue driving during the legal process.
In Bexar County, the ALR hearing serves a critical dual purpose. Because SAPD and Bexar County agencies generate high volumes of DWI arrests, officers testify at ALR hearings in the same cases they later testify in at trial. Your attorney can use the ALR hearing to lock in the officer's testimony early — identifying inconsistencies before the criminal trial — and to pursue discovery of dashcam footage, bodycam footage, breath test records, and blood draw documentation.
Do not let the 15-day window pass. Call Texas Defense Team today.
- Tex. Transp. Code §524.031 — 15-day ALR hearing request deadline
- Tex. Transp. Code §724.035 — Refusal suspension — 180 days first, 2 years repeat
Penalties for DWI in Bexar County
Texas DWI penalties are statewide and apply equally in Bexar County:
First Offense — Class B Misdemeanor (Tex. Transp. Code §49.04):
• 72 hours to 180 days in Bexar County jail
• Fine up to $2,000 (excluding court costs)
• License suspension: 90 days to 1 year
• Texas DRP surcharge: $1,000/year for 3 years
BAC ≥0.15 Upgrade — Class A Misdemeanor (§49.04(d)):
• Up to 1 year in county jail
• Fine up to $4,000
• Annual DRP surcharge: $2,000/year for 3 years
Second Offense — Class A Misdemeanor (§49.09(a)):
• 30 days to 1 year in jail (mandatory minimum if prior was not probated)
• Fine up to $4,000
• License suspension: 180 days to 2 years
• Mandatory ignition interlock device
Third Offense — Third-Degree Felony (§49.09(b)):
• 2 to 10 years in Texas Department of Criminal Justice
• Fine up to $10,000
• Permanent loss of firearms rights under Texas law
In Bexar County, the scale of the court system means prosecutors see large DWI dockets. An experienced defense attorney knows which cases have genuine weaknesses — and how to present them persuasively to prosecutors and judges who handle DWI cases daily.
- Tex. Transp. Code §49.04(b) — First DWI — Class B misdemeanor
- Tex. Transp. Code §49.04(d) — BAC ≥0.15 — Class A misdemeanor upgrade
- Tex. Transp. Code §49.09(b) — Third DWI — third-degree felony, 2-10 years TDCJ
How Texas Defense Team Challenges Bexar County DWI Evidence
Every Bexar County DWI case gets a full evidence review. Common defense opportunities:
Traffic stop validity: SAPD and DPS stops in Bexar County must be based on articulable reasonable suspicion. San Antonio's dense traffic network — Loop 410, US 90, I-10 — generates frequent stops for equipment violations, improper lane changes, or speed. If the stop is not constitutionally valid, the exclusionary rule under Tex. Code Crim. Proc. Art. 38.23 can suppress all evidence gathered after the stop.
Dashcam and bodycam footage: SAPD officers are equipped with dashcams and bodycams. This footage frequently contradicts the officer's written report — showing better driving than described, or field sobriety test administration errors. Texas Defense Team compares the video against the police report line by line.
Intoxilyzer 9000 records: Breath test machines used in Bexar County must be calibrated and maintained according to DPS protocols. Calibration records, maintenance logs, and operator certification records are all discoverable. Gaps in maintenance create suppression issues.
Blood draw challenges: Bexar County operates a mobile blood draw program. Blood draws must be performed by a qualified person under proper conditions. The sample must be properly preserved and transported to an accredited lab. Peter Prak's analytical background is directly applicable to blood test evidence — including gas chromatography results, margin of error calculations, and testing protocol compliance.
No-refusal weekends: San Antonio participates in aggressive no-refusal programs. Even when a warrant has been issued, we review the warrant affidavit for probable cause sufficiency and the draw procedure for compliance.
Frequently Asked Questions
Where are Bexar County DWI cases heard in San Antonio?+
Misdemeanor DWI cases are heard in the County Courts at Law in the Paul Elizondo Tower, 101 W. Nueva St., San Antonio, Texas 78205. Felony DWI cases (third or subsequent offense, or DWI with serious bodily injury) are heard in the District Courts in the same complex. Municipal DWI charges from San Antonio Municipal Court are Class B misdemeanors and move to the county court system.
How aggressive is Bexar County DWI prosecution?+
The Bexar County DA's office has substantial DWI prosecution resources. San Antonio consistently ranks among the Texas cities with the highest DWI arrest rates, and the DA's office has dedicated misdemeanor DWI prosecutors who handle high volumes of cases. This makes the quality of your defense attorney — and early intervention on evidence — especially important.
Can I avoid jail time on a first DWI in Bexar County?+
For a first-offense DWI, probation (community supervision) is available as an alternative to jail under Tex. Code Crim. Proc. Chapter 42A. Standard conditions include DWI education classes, the Mothers Against Drunk Driving impact panel, community service, and monthly supervision reporting. An attorney may also pursue diversion programs or negotiate conditions. The mandatory 72-hour minimum applies if you are sentenced to jail rather than probation.
Does SAPD use bodycams in DWI arrests?+
Yes. San Antonio Police Department officers are equipped with body-worn cameras. Footage from the initial stop, field sobriety test administration, arrest, and transport are all potentially relevant and discoverable. Texas Defense Team routinely obtains and reviews all available video footage in Bexar County DWI cases.
What is the cost of a DWI conviction in Bexar County over time?+
The total cost of a first DWI conviction in Texas — including court fines and costs, DRP surcharges ($3,000 over 3 years at minimum), increased insurance premiums, ignition interlock device costs, DWI education programs, and potential job loss — regularly exceeds $10,000. A DWI conviction is also permanent and appears on background checks indefinitely. Investing in strong legal defense is typically less expensive than the full cost of a conviction.