DWI in San Antonio: What Happens After an Arrest in Bexar County?

If you are arrested for DWI in San Antonio, you are not just facing a traffic ticket — you are facing a criminal charge that can affect your driver's license, your job, your professional reputation, and even your freedom.

At Texas Defenders, we represent individuals charged with misdemeanor and felony DWI offenses throughout San Antonio and Bexar County. Below is a comprehensive guide to what happens after a DWI arrest, the relevant sections of the Texas Penal Code, and what you should know immediately.

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What Is DWI Under Texas Law?

Driving While Intoxicated is defined under Texas Penal Code § 49.04.

Under § 49.04(a):

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

What Does “Intoxicated” Mean?

The definition comes from Texas Penal Code § 49.01(2). A person is intoxicated if they:

• Do not have the normal use of mental or physical faculties by reason of alcohol, a controlled substance, a drug, or a combination of substances; OR

• Have a blood alcohol concentration (BAC) of 0.08 or more

Important: You can be charged even if you are below 0.08 if the officer believes you lacked normal use of your faculties.

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What Happens After a DWI Arrest in San Antonio?

Most DWI arrests in San Antonio are handled through:

• San Antonio Police Department (SAPD)

• Bexar County Sheriff's Office

• Texas DPS (especially for highway stops)

After arrest, you are typically taken to the Bexar County Jail for booking.

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Step 1: Booking and Bond

You will be:

• Fingerprinted

• Photographed

• Magistrated (judge sets bond and conditions)

Bond conditions often include:

• Ignition Interlock Device (IID)

• No alcohol consumption

• Random testing

• Travel restrictions

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Administrative License Revocation (ALR) – Separate From the Criminal Case

If you:

• Refused a breath or blood test, OR

• Tested at 0.08 or above

Your license may be suspended under Texas' Administrative License Revocation (ALR) program.

You only have 15 days from the date of arrest to request a hearing to contest the suspension.

Many people make the mistake of ignoring this deadline. That can result in an automatic suspension — even before your criminal case is resolved.

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DWI Penalties in Texas

First Offense DWI – Texas Penal Code § 49.04(b)

Class B misdemeanor:

• Up to 180 days in jail

• Up to $2,000 fine

• License suspension 90 days to 1 year

• Minimum 72 hours jail (if convicted)

If BAC is 0.15 or higher, it becomes a Class A misdemeanor under § 49.04(d):

• Up to 1 year in jail

• Up to $4,000 fine

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DWI with a Child Passenger – Texas Penal Code § 49.045

If a child under 15 is in the vehicle:

• State jail felony

• 180 days to 2 years in state jail

• Up to $10,000 fine

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Second DWI – Texas Penal Code § 49.09(a)

• Class A misdemeanor

• 30 days to 1 year in jail

• Up to $4,000 fine

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Third DWI – Texas Penal Code § 49.09(b)

• Third-degree felony

• 2 to 10 years in prison

• Up to $10,000 fine

Felony DWI cases in San Antonio are handled in Bexar County district courts.

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What About Blood Tests?

In San Antonio, it is common for officers to obtain a search warrant for a blood draw if you refuse a breath test.

Blood results can take months to return from the crime lab. That delay can be strategically important in your defense.

Common defense issues include:

• Improper traffic stop

• Lack of probable cause

• Faulty field sobriety tests

• Medical conditions

• Chain of custody problems

• Retrograde extrapolation errors

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Court Process in Bexar County

Misdemeanor DWIs are typically handled in Bexar County criminal courts at law.

The process includes:

1. Arraignment

2. Discovery

3. Pretrial negotiations

4. Motion hearings

5. Trial (if necessary)

Not every DWI case results in a conviction. Many are reduced or dismissed depending on the facts.

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Long-Term Consequences of a DWI in San Antonio

A DWI conviction can affect:

• Employment (especially professional licenses)

• Commercial driver's licenses (CDL disqualification)

• Immigration status

• Professional certifications

• Background checks

• Car insurance premiums

Texas does allow nondisclosure in limited first-offense DWI situations (if eligible), but not every case qualifies.

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Why Local Experience Matters in San Antonio

Every county handles DWI cases differently. Procedures in San Antonio and Bexar County are unique.

Understanding:

• Local prosecutors

• Local court policies

• Local diversion programs

• Judicial preferences

can significantly impact the outcome of your case.

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Can a DWI Be Dismissed?

Yes — but it depends on the evidence.

Possible dismissal factors include:

• Illegal traffic stop

• Suppressed blood evidence

• Officer misconduct

• Technical procedural violations

• Speedy trial issues

Each case must be thoroughly analyzed.

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What Should You Do Immediately After a DWI Arrest?

1. Do not discuss your case on social media.

2. Do not speak to law enforcement without counsel.

3. Request your ALR hearing within 15 days.

4. Begin building your defense immediately.

Time matters. Evidence can disappear. Witnesses' memories fade.

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Frequently Asked Questions About DWI in San Antonio

Is jail mandatory for a first DWI?

There is a statutory minimum of 72 hours if convicted, but outcomes vary depending on case resolution.

Will I lose my license?

Possibly. Both ALR and court-ordered suspensions are separate processes.

Can I get probation?

Yes, many first-time DWI cases result in community supervision if convicted.

Do you handle federal DWI cases?

Texas Defenders focuses on state-level misdemeanor and felony DWI cases in Bexar County and surrounding counties.

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Charged With DWI in San Antonio? Act Fast.

A DWI arrest is serious — but it is not the same as a conviction. The right legal strategy can mean the difference between jail time and dismissal.

If you or a loved one has been arrested for DWI in San Antonio, call Texas Defenders at 210-942-4441 for a consultation.

Office Location:
101 Stumberg St, #112
San Antonio, TX 78204

We defend individuals charged with misdemeanor and felony DWI offenses throughout Bexar County and surrounding areas.

Your case. Your record. Your future. Protect it.