DWI
A DWI defense can turn on the reason for the stop, field sobriety testing and how breath or blood evidence was collected and tested. See our page on DWI & DUI Arrests in San Antonio.
Arrested or charged with a crime in San Antonio?
Get clear answers about what happens next, from magistration and bond to your first setting in a Bexar County court.
Facing criminal charges in San Antonio?
A criminal charge can affect your job, your family and your record. You deserve to understand what is happening and what your options are.
Texas Defenders represents people charged with crimes in San Antonio and across Bexar County. We also represent clients in Converse, Leon Valley, Alamo Heights, Helotes, Castle Hills and Von Ormy. We treat people like people, not case numbers, especially during one of the most difficult times of their lives.
We take a holistic approach. We look at the evidence in your case, and we also look at what matters to you: your work, your family, your record and your future opportunities. Then we explain the options and work toward the best possible result for you, both now and in the years ahead. No lawyer can promise a particular outcome.
Criminal charges we defend in San Antonio
We represent people arrested by San Antonio police, the Bexar County Sheriff's Office and other agencies in Bexar County on misdemeanor and felony charges, including:
How we build your defense
As soon as we are hired, we file a letter of representation with the court and request discovery so that we can see the State's evidence as early as possible. Then we review the facts, the law and what the officers actually did, and recommend a strategy based on that review.
The reason for the stop
Officers cannot stop someone for any reason they want. They need a lawful basis, however minor the alleged violation. We compare the offense report with the dash-camera and body-camera video.
Why it matters: if a court finds the stop was unlawful, it can suppress the evidence gathered afterward.
Possession is not ownership
In a drug or weapons case, the question is possession, not who owns the item. We look at where it was found, whether it was in plain view and who else was present in the car or home.
Why it matters: being near something, or driving someone else's car, is not always enough to prove you possessed it.
Assault and family violence allegations
A criminal case is the State of Texas against you, not the other person against you. A person's statement is evidence, and their wish to drop the charges is a factor but does not decide whether the State moves forward.
Why it matters: the defense has to address all of the State's evidence, including recordings, injuries and other witnesses.
Your record and your future
We look at how each option affects your criminal record and your future job opportunities, not only how it resolves the case.
Why it matters: two resolutions that look similar today can have very different effects years from now.
Bexar County case results
Three published results from cases handled by Texas Defenders in Bexar County. Each case turns on its own facts, and past results do not guarantee a similar outcome.
Drug case dismissed after a search challenge
Bexar County Criminal District Court
- Charge
- Possession of a controlled substance, an alleged THC vape pen, after an SAPD stop downtown for loud music.
- What we found
- Body-camera video showed several officers around the car when the 19-year-old driver agreed to a search. He was not told he could refuse, and no written consent form was completed, although SAPD procedures call for one. The video also did not support the claim that the item was near our client.
- What we did
- We filed a motion to suppress, arguing that the consent was not voluntary and the search was unlawful.
- Outcome
- Prosecutors dismissed the case.
Felony evading arrest charge dismissed
Bexar County Criminal District Court
- Charge
- Evading arrest with a vehicle, a felony, after a constable followed our client on his way to work. He had no criminal history.
- What we found
- There was no dash-camera video of the alleged pursuit, and speed was never checked by radar. On body camera the officer referred to speeds of around 50 mph, but the written report said about 90 mph. Our client pulled over shortly after the emergency lights came on.
- What we did
- We showed prosecutors that the evidence did not prove an intent to flee and that the report conflicted with the officer's own words on video.
- Outcome
- The felony charge was dismissed in full.
Decade-old family violence case dismissed
Bexar County
- Charge
- Assault causing bodily injury, family violence. The case was filed in 2013, but the warrant was never served. Our client, who had no criminal history, learned of it from a background check more than ten years later.
- What we did
- Monica Guerrero filed a motion for speedy trial and a motion to dismiss, arguing that the State's long delay violated his constitutional right to a speedy trial.
- Outcome
- The Bexar County District Attorney's Office agreed to dismiss the case, and the old warrant was cleared.
Your San Antonio criminal defense attorneys
Monica Guerrero
Monica represents clients in San Antonio and across Bexar County in misdemeanor and felony cases, including DWI, drug, assault and family violence, and theft charges. She handled the decade-old family violence dismissal described above.
Monica earned her law degree at SMU Dedman School of Law and was admitted to the State Bar of Texas in 2007. Her career includes work with Legal Aid and as in-house counsel for a Fortune 500 company. Read Monica Guerrero's profile for her full background.
Robert Abtahi
Robert founded Texas Defenders. He was admitted to the State Bar of Texas in 2007 and served as a judicial clerk for County Court at Law No. 3 in Dallas.
His career spans private practice and public service in North Texas. Read Robert Abtahi's profile for his full background.
Where your San Antonio case will be heard
The court depends on the charge. Check your citation or bond paperwork, and confirm the court and date with your lawyer.
Bexar County criminal district courts
Felony cases
Felony cases are heard by the criminal district courts at the Cadena-Reeves Justice Center, 300 Dolorosa, in downtown San Antonio.
Bexar County courts at law
Class A and Class B misdemeanors
Misdemeanors that can carry jail time, including most first-offense DWI cases, are heard by the county courts at law, also at the Cadena-Reeves Justice Center.
San Antonio Municipal Court
Fine-only Class C offenses
Hears fine-only cases that arise within San Antonio city limits. The courthouse is at 401 S. Frio St., and the City of San Antonio has more information on its municipal court page.
What happens after an arrest in Bexar County
Magistrate and bond
A magistrate explains your rights and sets bond based on the charge and your situation. In Bexar County, arrests for Class B offenses and above go through the central magistrate office, which operates around the clock. The process can take several hours, and no one can promise the bond amount or the release time.
Release and court date
After release, the court sets a date. We handle the court side and tell you where and when you need to appear.
Evidence review
We request discovery right away, then review the reports, video and other evidence. That review shapes the strategy, including any motion to suppress.
Resolution
Depending on the evidence, your case may end in a dismissal, a negotiated resolution or a trial. We explain each option before you decide.
San Antonio criminal defense FAQs
Answers to the questions people ask most after an arrest or citation in San Antonio.
Ask about your caseWhere will my case be heard?
It depends on the charge. Felonies are heard by the Bexar County criminal district courts, and Class A and B misdemeanors by the county courts at law. Both are at the Cadena-Reeves Justice Center. Fine-only Class C offenses usually go to a municipal court or a justice of the peace court.
Can the alleged victim drop an assault charge?
The other person cannot end the case alone. Their wishes are a factor, but the State decides whether to continue and can rely on other evidence. Any protective order or no-contact condition must still be followed.
Can my case be dismissed?
Sometimes. If the stop, search or arrest was not lawful, a court can suppress the evidence that followed. In other cases, problems with the evidence affect how strong the case is. It depends on the facts and the law, and no lawyer can guarantee a dismissal.
Will an arrest show up on a background check?
It can. An arrest record may appear even if the case is later dismissed. Depending on how the case ends, you may be able to have the record expunged or sealed through an order of nondisclosure. Eligibility depends on the offense, the outcome and any waiting period.
What should I do about an old warrant?
Do not ignore it. Talk with a lawyer about how and when to address it, because the options depend on the charge and the court. A long delay by the State can sometimes be a defense issue in itself.
Talk with a San Antonio criminal defense lawyer
Tell us what happened, when you were arrested or cited, and which court is on your paperwork. You can also reach us through our contact page.
(210) 942-4441
