San Marcos DWI Attorney
Don't Fight This Alone, We Are Available 24/7
IF YOU’VE BEEN ARRESTED FOR DWI OR ANOTHER ALCOHOL-RELATED TRAFFIC OFFENSE, IT’S CRITICAL THAT YOU CONTACT A LAWYER WITHIN 15 DAYS OF THE DATE OF YOUR ARREST TO AVOID THE AUTOMATIC SUSPENSION OF YOUR DRIVER’S LICENSE.
CONTACT US TODAY (210) 224-8200
Why Hire a San Marcos DWI Attorney?
If you have been arrested for driving while intoxicated, hiring an experienced San Marcos DWI attorney should be one of your first priorities. A DWI conviction can affect your driver’s license, employment opportunities, insurance rates, professional licenses, and future.
At Shawn Brown Law, we understand the serious consequences that can follow a DWI arrest. Our team works to identify weaknesses in the prosecution’s case, challenge evidence when appropriate, and pursue the best possible outcome for our clients. Whether you are facing a first-time DWI charge or a felony DWI accusation, having an experienced San Marcos DWI lawyer on your side can make a significant difference in your case.
We proudly represent clients throughout San Marcos, Hays County, and South Texas who need aggressive and experienced DWI defense.
What Happens After a DWI Arrest in Hays County?
Many people are unsure what to expect after being arrested for DWI in Hays County. Following an arrest, you may be booked into jail, required to post bond, and given a future court date. In addition to your criminal case, you may also face an Administrative License Revocation (ALR) proceeding that could impact your driving privileges.
The prosecution may rely on field sobriety tests, breath test results, blood test evidence, body camera footage, and officer observations to build its case. However, every piece of evidence should be carefully examined.
The sooner you contact Shawn Brown Law, the sooner we can begin protecting your rights and evaluating potential defenses available in your case.
Arrested For DWI
The most important ove you can make after a wrong one is to take a step in the right direction and contact The Law Office of Shawn C. Brown P.C., in San Marcos. We will handle everything from there, including fighting as if it was our future on the line.
WARNING
You Have Only 15 Days To Protect Your License. Following a drunk driving arrest, the Department of Public Safety (DPS) promptly initiates steps to suspend your license. You must act within 15 days of the arrest date to request an administrative license revocation (ALR) hearing and challenge the suspension. Failing to meet this deadline can result in the DPS suspending your license for a minimum of 90 days, possibly longer. It's important to note that even if the charges are dismissed later, you can still lose your driving privileges. Engaging a lawyer for this hearing significantly enhances your prospects of retaining your license.
DWI FAQ's
For most people, a DWI is simply the result of a wrong move or honest belief that their blood alcohol content (BAC) was below the .08 legal limit. No one plans to get pulled over for drunk driving, which is hwy many people are not prepared for the situation.
Texas State University Student DWI Defense
San Marcos is home to Texas State University, and every year college students find themselves facing DWI and alcohol-related charges. A DWI arrest can have consequences that extend beyond the courtroom, including impacts on scholarships, student organizations, internships, and future employment opportunities.
Shawn Brown Law regularly represents young adults and college students facing DWI charges, Minor in Possession offenses, alcohol-related violations, and other criminal matters. We understand the unique concerns students and parents face when dealing with these situations.
If you are a Texas State University student who has been arrested for DWI, our team is available to discuss your rights and legal options.
First Offense DWI in San Marcos
Many people assume that a first DWI offense is not serious. In reality, even a first-time DWI conviction can carry significant penalties under Texas law.
Potential consequences may include:
• Driver’s license suspension
• Fines and court costs
• Community supervision
• Mandatory education programs
• Increased insurance premiums
• A permanent criminal record
Every case is different, and many factors can influence the outcome. An experienced San Marcos DWI attorney can review the facts of your case and develop a defense strategy tailored to your circumstances.
Felony DWI Attorney in San Marcos
Certain DWI offenses can be charged as felonies in Texas. Individuals may face felony charges when they have prior DWI convictions, are accused of intoxication assault, intoxication manslaughter, or other aggravating circumstances.
Felony DWI convictions can result in substantial fines, lengthy prison sentences, and life-changing consequences. Because so much is at stake, it is important to seek experienced legal representation immediately.
Shawn Brown Law has experience defending clients against serious criminal charges throughout Hays County and South Texas and is prepared to fight for your rights every step of the way.
Defend Your DWI Charge in San Marcos
Let's Win Together!
ALR Hearings and Protecting Your Driver's License
After a DWI arrest, many people focus solely on their criminal case and overlook the Administrative License Revocation process. However, failing to act quickly can result in the suspension of your driver’s license.
An ALR hearing provides an opportunity to challenge the suspension and gather valuable information about the case. These hearings often involve testimony from law enforcement officers and can reveal evidence that may become important later.
If you have been arrested for DWI in San Marcos or Hays County, it is important to speak with a DWI attorney as soon as possible to protect your driving privileges.
Common Defenses to DWI Charges
Every DWI case is unique, but there are many potential defenses that may apply depending on the circumstances.
Some issues that may be examined include:
• The legality of the traffic stop
• Administration of field sobriety tests
• Accuracy of breath testing equipment
• Blood draw procedures
• Officer observations
• Constitutional rights violations
At Shawn Brown Law, we carefully review the evidence in every case and look for opportunities to challenge the prosecution’s allegations.
Why Choose Shawn Brown Law?
When your future is on the line, experience matters. Shawn Brown Law has built a reputation for providing aggressive representation and personalized attention to clients throughout San Marcos, Hays County, and South Texas.
Our team understands that every case is different, and we take the time to understand your unique situation and goals. From the moment you contact our office, we begin working to protect your rights and pursue the best possible outcome.
If you have been arrested for DWI, contact Shawn Brown Law today at 210-224-8200. We are available 24 hours a day, 7 days a week.
DWI Court Cases Dismissed
Recently Closed Cases
Explore our recent successfully resolved DWI cases managed by the skilled team at The Law Office of Shawn C. Brown P.C.
Our client was on deferred adjudication for felony assault and was arrested for a new DWI. Attorney, Daphne Previti, counseled client to become very proactive prior to his court date. The Probation Department wanted to send our client to in-patient treatment which would cause him to lose his job and possibly his home and newly purchased car because he wouldn't be available to work to pay his bills to take care of his family. We immediately got him into outpatient treatment. For the three months prior to his court date, he produced clean drug and alcohol tests. The Prosecutor and Judge agreed with our requests and gave our client an opportunity to stay on community supervision with continued outpatient treatment.
Our client was arrested for an alleged DWI charge with a blood result of 0.12. Attorney Bryan Orihel examined the video and blood documents thoroughly and found multiple issues with both pieces of evidence. Bryan set the case for trial, and after meeting with the state, all charges were DISMISSED.
Shawn represented a client who was charged with a DWI. The officer pulled Shawn's client over for digging/peeling out, a city ordinance code violation. Shawn's client denied this allegation of peeling out from day one. The officer who made the stop, testified at the license hearing that he had a dash cam video and it was properly functioning on the night he stopped Shawn's client. The officer also testified he had given a copy of the video to the DA's office. Shawn requested all discovery and specifically this video. The DA failed to provide the video and ultimately said they did not have a copy of it. Shawn subpoenaed the Police Department's Custodian of Records to obtain the video. The Custodian of Records said no video existed. Because of the issues with the video and believing the video would show evidence that Shawn's client did not commit any violations, he filed a Motion to Suppress and a Spoliation of Evidence Motion, meaning the evidence was destroyed and the case should be dismissed. The Judge set the motions for a hearing. Shawn showed up ready to fight and had the hearing. He was able to convince the Judge that the evidence was exculpatory (meaning it was evidence that would help show his client did not commit the traffic violation) and convinced the Judge to dismiss his client's case based on the fact that the DA destroyed the evidence, the video. Shawn's client was very thankful that Shawn was persistent and fought every issue until the case was dismissed. Another satisfied client at the Law Office of Shawn C. Brown.
Our client was involved in a minor accident, and was subsequently arrested for an alleged DWI offense. Attorney Bryan Orihel carefully reviewed the videos and body worn cameras from the scene. Bryan was able to show the district attorney’s office that the client not only passed the standardized field sobriety tests, but that the officer also failed to follow the standard procedures for the HGN test. The district attorney DISMISSED all charges.
Our client was pulled over by the Sheriff’s office for allegedly weaving that was witnessed by another driver. Attorney Bryan Orihel, carefully reviewed all of the state’s evidence and found that the deputy had not reasonable suspicion to pull our client over. The state DISMISSED all charges against our client.
Our client was involved in a roll-over accident after one of her tires blew out on the highway. She was arrested for an alleged DWI-2nd offense after the officer smelled the odor of alcohol on her breath. At the hospital she was forced to submit to a blood specimen that came back at a .22 result. Attorney Bryan Orihel reviewed the hospital and blood records and found the client had a medical condition that affected the later blood testing. The prosecutor agreed and DISMISSED all charges against our client.
How a San Marcos DWI Attorney Builds a Strong Defense
To successfully contest a DWI charge in San Marcos,Texas, it’s essential to uphold and defend your constitutional rights. Utilizing due process involves confronting all witnesses and scrutinizing every piece of evidence presented against you. This entails challenging the validity of reasonable suspicion, probable cause, and forensic evidence. Engaging in this legal battle is crucial; without actively contesting the charges, victory is unattainable.
What actions should you take if you're charged with a DWI in San Marcos?
When confronting a DWI or DUI charge in San Marcos, the primary and immediate step to take is securing the services of a defense attorney. Swift action is necessary due to tight deadlines following arrest, demanding professional intervention. Engaging the expertise of the finest DWI lawyer ensures optimal positioning for your defense. Experience and outcomes are pivotal factors to consider, as proficiency varies among legal practitioners in these specialized areas.
What is the likelihood of a DWI dismissal in San Marcos?
Every day, DWI charges are dismissed in courtrooms throughout San Marcos. These dismissals don’t occur due to mere chance or generosity but because a strong defense compels state prosecutors to drop the charges. Challenging the evidence plays a pivotal role in securing these dismissals.
What are the steps to have a DWI dismissed in San Marcos?
The most effective strategy for dismissing a DWI charge in San Marcos, whether it’s a first offense, second offense, or even a felony third offense, is to challenge the evidence. Since DWI arrests are warrantless, it’s imperative to contest every aspect of the case. If a judge suppresses the evidence, the State loses its ability to use it for prosecution.
What should I anticipate from a DWI in San Marcos?
DWI charges can be financially burdensome and lengthy to resolve. Local prosecutors strive for convictions while Department of Public Safety attorneys aim to suspend driving privileges, creating a dual challenge. Mounting a robust defense is crucial; facing a DWI charge alone in Texas is not advisable. Having a seasoned, assertive team advocating for you is essential to safeguarding your rights against government prosecution.
What are the time limits for prosecuting DWI cases in San Marcos?
In Texas, the statute of limitations for DWI cases is two years for misdemeanors and three years for felonies. It’s important to be aware of these timeframes when considering legal options and strategies related to DWI charges.
What is the typical timeline of a DWI case?
In Texas, DWI cases can extend beyond two years in duration. Once a case is filed, the statute of limitations clock halts. While the prolonged process may prove vexing and financially burdensome, it typically works in favor of the defense across most situations.
Warning: You Have Only 15 Days To Protect Your License
The most important thing after a DWI arrest to remember is that you need to consult an attorney, and you need to do so immediately. The sooner we can get working on your case, the more options we have to build a strong defense and try to keep your driver’s license.
There are a few steps that we take in every drunk driving case.
Step 1
Fight to protect your license. The Department of Public Safety (DPS) will immediately move to have your license suspended after a drunk driving arrest. You have only 15 days from the date of your arrest to request an administrative license revocation (ALR) hearing to contest the suspension. If you miss that window, the DPS can suspend your license for at least 90 days, if not more. Yes, you still lose your driving privileges even if the charges are eventually dismissed. Having a lawyer during this hearing vastly improves your chance at keeping your license.
Step 2
Fight to keep your record clean. Getting DWI charges dismissed is always our primary goal. We do this by looking at all possible defenses. Did the officer have probable cause to make a stop? Or did the officer have reasonable suspicion of impairment to ask you to submit to a breath test? Are the test results reliable? When we cannot get the charges dismissed, we will look for alternative sentencing options that keep a conviction off your permanent record.
Step 3
Fight to protect your freedom, reduce penalties. The minimum mandatory jail sentence for a first-offense is three days. Depending on the circumstances, that number can increase significantly. You can also face heavy fines — up to $2,000 for a first offense. You could be required to install an ignition interlock device, which leads to more costs you would be responsible for paying. We put every effort into getting the charges and penalties reduced when the circumstances do not leave room for dismissal.
Can I Get A DWI Reduced In San Marcos?
Indeed, it’s possible to mitigate an enhanced DWI offense. A first-time DWI charge may be escalated to a Class A Misdemeanor or, under certain conditions, a State Jail Felony. However, the State holds the authority to “waive” the enhancement and opt for prosecuting it as a Class B Misdemeanor DWI instead.
How might I reduce the severity of a DWI charge in San Marcos?
Challenging the State’s evidence stands as the most efficient method to achieve a reduction in a DWI charge. While Texas sets the legal limit for blood alcohol concentration (BAC) at 0.08, prosecutors aren’t mandated to demonstrate a specific BAC for a DWI conviction. When the forensic evidence related to BAC is effectively disputed, it leads to an automatic downgrade from a Class A misdemeanor to a Class B misdemeanor.
Which option is preferable: undergoing a DUI blood test or a breathalyzer test?
Breathalyzer results, while more scientifically susceptible to weaknesses, are typically provided voluntarily. Blood test results, however, offer two potential avenues for challenge: questioning the scientific accuracy and scrutinizing the probable cause for the search.
Let Us Get Started Building Your Defense Today
Free Initial Consultations
Do not wait to contact us. Call our office at 1-888-WE-FIGHT and 210-224-8200 or email us 24/7 to speak to an experienced lawyer at our law firm. Worried about the cost? Don’t. We offer free initial consultations, extremely competitive rates and flexible payment plans. Hablamos español.
Need proof? Here are only a few of our recent case results:
Case: Client was pulled over for drunk driving, and the breath test registered a .10 BAC.
Result: Our attorney got the charges dismissed when the state couldn’t show that the arrest was “by the book.”
Case: Client was arrested and taken into custody after an accident involving speeds of 100 mph. Police administered a blood test, which showed a .12 BAC.
Result: Our attorneys kept the blood results out of consideration and attacked the prosecution’s case, forcing the district attorney to drop the charges.
Case: An officer arrested a client. A blood test showed a .24 BAC.
Result: Our attorney took on the officer during cross-examination, showing that the officer had improperly performed the field sobriety tests used as the basis for the arrest and had lied in the past. The jury found our client not guilty in only 21 minutes of deliberation.
Johnlee Flores