Criminal Defense
November 7, 2014
Possession of Marijuana Charges
November 7, 2014
Show all

Challenging DWI/DUI Charges

Challenging DWI/DUI Charges

Driving while intoxicated (DWI) is the most serious traffic violation that exists. At our firm, we know an individual who has been arrested for DWI is facing serious consequences. We therefore provide hard-hitting legal representation for drivers throughout the San Antonio area in the face of drunk driving-related charges.

DWI/DUI Information

  • What does DWI mean? DWI stands for “Driving While Intoxicated” and it is defined as driving under the influence of a controlled substance (i.e. drugs and/or alcohol). The charge of driving while intoxicated (DWI) is made when a person is determined to have a blood alcohol concentration (BAC) of .08 or more while driving a motor vehicle and/or is intoxicated by the loss of his/her normal use of mental or physical faculties by the introduction of alcohol or drugs or a combination of alcohol and drugs. There are a variety of sobriety tests can be used to determine if have surpassed the legal limit.  The type of test administered and the time that the test is administered in relation to your consumption of alcohol can greatly influence the results and can lead to innocent people being charged with DWI.
  • What is intoxication?  The typical definition of intoxication is when a person has a blood alcohol concentration of .08% or higher.
  • What is the legal drinking age in Texas? 21
  • What are some consequences for refusing a breath alcohol test? When a person is suspected of DWI, he/she will be asked to take a breath alcohol test. The person may then consent to the test or refuse to take the test. People who refuse to take the breath test can have their driver’s licenses automatically suspended for 6 months.
  • What about “no refusal” weekends? Bexar County has made every weekend a “no refusal” weekend.  What that means, is that if you are arrested for drinking and driving and you try to refuse the breath test, a warrant will be issued for a blood draw and you will be legally obligated to provide that sample.

Drunk Driving Defense Attorney in San Antonio
Any person who has been charged with DWI needs legal representation from an experienced San Antonio DWI defense attorney.  As defense attorneys, we work with prosecutors on our client’s behalf to have our clients’ charges reduced or even dismissed. For first time DWI offenders, with clean records, attempting to get the DWI charges dismissed is typically an option you can explore.
For those who have multiple DWI offenses, a skilled criminal defense attorney from Hayes, Rode & Ramirez PLLC can review their cases and come up with effective defense strategies that may lead to reduced charges or sentencing alternatives.

San Antonio, Texas DUI Lawyer

  • What is a DUI?The charge of driving under the influence (DUI) is made when people under the age of 21 (minor) drive a motor vehicle while under the influence of alcohol.   A DUI is committed when the drivers, who are under 21, are driving with any detectable amount of alcohol in the minor’s system.

What are some defenses to a DWI/DUI charge? 
While you are considered “innocent, until proven guilty”, it is a good defense strategy to examine whether the police office and law enforcement agency acted properly throughout the entire process of your arrest.  If your rights were violated, it may mean that some, or even all, of the evidence is inadmissible.  Just some of the areas that should be considered are…

  1. Did the officer have a legal right to stop you or pull you over?
  2. Did the officer properly read your Miranda rights?
  3. Did the police officer and/or law enforcement agency comply with all TX law during the arrest?
  4. Were you given the option to take a blood or breath test?

To speak to a knowledgeable, dedicated and aggressive San Antonio, Texas DWI attorney at Hayes, Rode and Ramirez please call our office at (210) 233-6021, and a lawyer from our office will contact you promptly.

HRC Law Firm in San Antonio, TX
HRC Law Firm in San Antonio, TX
Before becoming attorneys, our professional spent years serving in the United States Army and is a veteran of both Operation Enduring Freedom and Operation Iraqi Freedom. Their experience in the Army taught him the importance of a strong work ethic and attention to detail. Our attorneys understand the needs of his clients, and can tailor a litigation plan that both meets his client’s needs and their financial situations and goals. Our attorneys have spent much of the last five years in the Courtroom, successfully advocating for the rights his clients have as parents, spouses and individuals who are facing challenging situations.

Leave a Reply

Your email address will not be published. Required fields are marked *