What to Do If You're Pulled Over for DWI in San Antonio

If you were pulled over for DWI in San Antonio last night, you're probably trying to figure out what happens next. Texas DWI law moves fast, and the decisions you make in the first 15 days can shape everything that follows.

This post covers what you're actually facing under Texas law, what the deadlines are, and what helps versus what makes things worse.

• Texas DWI is a Class B misdemeanor on a first offense, but it becomes a felony under certain circumstances. It can also be enhanced from a class B to a class A based on the BAC (blood alcohol concentration).

• You have 15 days from your arrest to request an ALR hearing or your driver's license is automatically suspended

• You are not required to answer questions, and you can decline field sobriety tests — though there are consequences for each choice

• A DWI arrest is not a conviction — there are defenses that hold up in Bexar County courts

• The sooner you contact a San Antonio DWI lawyer, the more options remain open

  
  

What Texas Law Says About DWI

Under Texas Penal Code § 49.04, DWI occurs when a person operates a motor vehicle in a public place while intoxicated. Texas defines intoxicated in two ways: a blood-alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of your mental or physical faculties due to alcohol, a controlled substance, a drug, or some combination.

That second definition matters. Even if your BAC comes back under 0.08, the State can still charge you if the arresting officer testifies you appeared impaired. That is a judgment call by one person and it is worth examining closely.

A first-offense DWI is a Class B misdemeanor. The punishment range is a minimum of 72 hours in county jail up to 180 days, a fine up to $2,000, and a driver's license suspension. If your BAC tested at 0.15 or above, the charge becomes a Class A misdemeanor. If there was an open container of alcohol in the vehicle, the minimum jail time increases to six days.

DWI becomes a felony when: you have two or more prior DWI convictions, you caused serious bodily injury (intoxication assault under § 49.07), you caused a death (intoxication manslaughter under § 49.08), or a passenger under 15 years old was in the vehicle at the time.

The Two Cases Running at the Same Time

Most people don't realize that a DWI arrest in Texas opens two separate proceedings simultaneously.

The criminal case is what most people picture. The Bexar County District Attorney's office reviews the evidence and decides whether to file charges. If they do, the case moves through the county courts or district courts.

The ALR (Administrative License Revocation) proceeding is a separate civil process administered by the Texas Department of Public Safety. When you were arrested, the officer likely confiscated your license and issued a temporary paper driving permit. You have 15 days from your arrest date to request an ALR hearing with DPS. If you miss that window, your license is automatically suspended — separate from and regardless of what happens in the criminal case.

These two proceedings run on parallel tracks. Winning the criminal case does not automatically protect your license. Missing the ALR deadline does not mean you have admitted guilt in the criminal case. They are independent, and both require attention.

What to Do — and Not Do — After a DWI Arrest in San Antonio

1. Stay calm and be polite. Demeanor gets documented. Being cooperative is not the same as incriminating yourself.

2. Invoke your right to remain silent. You are not required to answer questions about where you were going, what you drank, or how much. Telling an officer you would like to speak with an attorney before answering questions is always the right call.

3. Understand the field sobriety test decision. The walk-and-turn, one-leg-stand, and horizontal gaze nystagmus tests are voluntary in Texas. You can decline them. A chemical test — breath or blood — is different. Texas's implied consent law means refusing a chemical test carries its own license consequences. There is no universal right answer here. It depends on your situation, but you do not have to consent to either.

4. Tell your lawyer everything you remember. Where you were stopped, what was said, how the tests were explained, the lighting, the road conditions, the exact sequence.

5. Request the ALR hearing immediately. The 15-day window started the moment you were arrested. Do not wait.

6. Stay off social media. Posts, stories, and check-ins are discoverable. Keep the arrest off every platform.

   
   

What DWI Defense in San Antonio Actually Looks Like

There are specific issues that come up regularly in Bexar County DWI cases. Traffic stops require reasonable suspicion — if the stop itself was not legally justified, the evidence collected afterward may be subject to challenge. Field sobriety tests are scored by the arresting officer and are vulnerable to instruction errors and administration problems.

Breathalyzers require calibration records, maintenance logs, and proper operator technique. Blood draws have chain-of-custody requirements that must be followed. The technique in drawing and storing the blood is important as well.

There is also a timing issue worth understanding: Texas law measures intoxication at the time of driving, not at the time the test was administered. There is always a gap between the traffic stop and when a blood draw or breath sample is taken. BAC can rise during that window. That gap has legal significance.

None of this means a charge disappears automatically. Some DWI cases have strong, clean evidence. But many cases have weaknesses that only surface when someone examines them carefully.

When to Call a San Antonio DWI Lawyer

Before you answer investigators' questions. Before the 15-day ALR deadline passes. Before you post anything online.

If you have been arrested or charged with DWI in Bexar County, call the Law Office of Christian Vega directly at (210) 424-4264. We handle DWI defense in San Antonio and the surrounding counties. If you prefer to start with a message, use the contact form at https://www.reasonabledoubtsa.com/contact.

By Christian O. Vega, Attorney at Law | The Law Office of Christian Vega

101 Stumberg St., San Antonio, Texas 78204 | Texas State Bar No. 24121180

Past results do not guarantee similar outcomes in any future case. The information here is general legal information about Texas law, not legal advice for your specific situation. Reading this post does not create an attorney-client relationship.