[Get Your Free Confidential Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) # San Antonio DWI & DUI Attorney You Have 15 Days to Save Your License. Don’t Waste Them with Indecision. Most Texans don’t know the following information, so pay attention. Two separate cases start the night you are arrested for DWI in Bexar County. One decides if you’ll have a criminal record, go to jail, or pay a fine. The other decides whether you can legally drive. Austin Hagee prosecuted DWI cases for the Bexar County District Attorney’s Office before he began defending them. Contact us immediately to get aggressive, experienced representation for both of your cases. ## A Former Prosecutor Who Knows How the Other Side Thinks Nobody plans for this. Our DWI clients are usually working people with clean records who made one decision on one night and now face a court date, a suspended license, and a conviction that follows them into every future background check. That is the situation we handle most, and it is the reason this firm exists. - Former Prosecutor Former Bexar County Felony and Family Violence Prosecutor - 350+ Cases Dismissed - Free Consultations New Client Inquiries Answered 24/7 ## What the State Actually Has to Prove Texas defines the offense narrowly, and the definition is where most DWI cases can be attacked. Under Penal Code chapter 49, the State must show you were operating a motor vehicle in a public place while intoxicated. Intoxication means either a blood or breath alcohol concentration of 0.08 or higher, or the loss of the normal use of your mental or physical faculties from alcohol, drugs, or a combination. That second path matters: you can be charged without any test result at all, based purely on an officer's opinion of how you looked and spoke on their body cam. An opinion is not proof. Neither is a machine reading that nobody has calibrated or verified. ## What a Conviction Carries Penalties climb steeply with each offense, and certain facts push a first arrest straight into felony territory. | Charge | Classification | Jail or Prison | Fine | | --- | --- | --- | --- | | DWI, First Offense | Class B misdemeanor | 72 hours to 180 days (6 days if an open container is present) | Up to $2,000 | | DWI, First Offense with BAC 0.15 or Higher | Class A misdemeanor | Up to 1 year | Up to $4,000 | | DWI, Second Offense | Class A misdemeanor | 30 days to 1 year | Up to $4,000 | | DWI, Third Offense | Third-degree felony | 2 to 10 years | Up to $10,000 | | DWI with a Child Passenger Under 15 | State jail felony | 180 days to 2 years | Up to $10,000 | | Intoxication Assault | Third-degree felony | 2 to 10 years | Up to $10,000 | | Intoxication Manslaughter | Second-degree felony | 2 to 20 years | Up to $10,000 | Beyond the sentence, a conviction adds a separate state fine at judgment, commonly $3,000 for a first offense, $4,500 for a second, and $6,000 when the BAC reads 0.15 or higher. An ignition interlock device is mandatory on a second offense and frequently ordered as a bond condition on a first. Texas also treats DWI as an enhanceable offense, so a conviction today raises the ceiling on any charge years from now. ## How We Defend a DWI Charge ### The Stop Itself An officer needs a lawful reason to pull you over. Weaving inside your own lane, sitting too long at a green light, or an anonymous tip can all fall short. When the stop fails, everything gathered after it can go with it. ### Field Sobriety Testing The walk-and-turn and one-leg stand were designed for controlled conditions, not a sloped roadside at night in dress shoes. Officers also have to administer them in a specific way. We pull the dashcam and body cam footage and compare what happened against what the report claims happened. ### Breath Results An Intoxilyzer produces a number, not a fact. Calibration records, maintenance logs, the operator's certification, and the fifteen-minute observation period are all fair targets, and mouth alcohol or a medical condition can inflate a reading. ### Blood Draws A blood test brings a chain of custody, a warrant to examine, a phlebotomist's technique, storage temperature, and fermentation. Each link can break. ### Rising Blood Alcohol Alcohol keeps absorbing after you stop drinking. A sample taken two hours after the stop may show a level you were nowhere near while actually driving. ### Medical and Innocent Explanations Diabetes, acid reflux, fatigue, a head injury from the crash, and prescription medication all produce signs an officer reads as intoxication. ### Diversion for First Offenders Bexar County offers programs that can end a first case without a conviction. Eligibility is narrow, and the window is early, which is another reason not to wait. ## Not Sure Which of These Applies to Your Stop? Bring us the facts, and we will tell you plainly what we see. The call is free and strictly confidential. [Request a Free Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) ## You Are Fighting Two Cases, and One Has a Deadline Here is what surprises nearly every client. Your criminal case and your driver's license suspension run on separate case tracks, in front of different decision-makers, on different clocks. The license track is called Administrative License Revocation, and it moves first. If you refuse the breath or blood test, DPS will suspend your license for 180 days. If you take the test and register 0.08 or higher, the suspension is 90 days. You’re allowed to keep driving on a temporary license for 40 days after the arrest, which is why people wrongly assume nothing more will happen to their license. **You have 15 days from the arrest to request an ALR hearing.** Miss it, and the suspension takes effect automatically, with no argument and no review. Request it, and we get a hearing where the officer has to justify the stop and the arrest under oath, often months before the criminal case reaches the same questions. What the officer says there can reshape the criminal case. This is the kind of difference hiring an experienced, private attorney will make in your case. A court-appointed lawyer is assigned to your criminal charge only. Nobody is appointed to protect your license. If your license is already suspended, we can petition for an occupational driver's license so you can legally drive for necessary things like work, school, and childcare. ## How a Bexar County DWI Case Moves Cases here follow a rhythm, and knowing it removes a lot of the fear. After the arrest, the Central Magistrate Office sets your bond and first court date, typically about a month out. At this first hearing, the prosecutor often extends an offer before either side has fully examined the evidence. Accepting it that early is almost always a mistake. From there, the case moves to pretrial, where we file and argue motions to suppress the stop, the testing, or the arrest. Misdemeanor DWI is heard in the Bexar County courts at law before a jury of six. A third offense is a felony and goes to the district courts downtown. Attorney Hagee worked these same courts for years from the prosecution’s side of the table. He knows which arguments land with which judges and how each court handles bond, motions, and negotiation. ## What Hurts a DWI Case Some damage happens after the arrest, but it’s avoidable. - Talking about the night with anyone other than your lawyer, including friends, family, and during courthouse hallway conversations; - Showing up to the first setting alone and accepting the opening offer from the DA; - Driving after the suspension begins, which creates a brand-new arrestable offense; - Letting the 15-day ALR window close without contacting us; - Choosing a lawyer on price alone. A successful DWI defense is technical work that involves calibrating machines, understanding the effects of prescription medication, and evaluating body cam video. Your future is not the place to shop for a bargain. ## Related Charges We Handle - First offense DWI - Second offense DWI - Third offense DWI - Felony DWI and DWI with a child passenger - [Intoxication assault](https://austinhageelaw.com/service-area/intoxication-assault-attorney-san-antonio-tx/) - [Intoxication and vehicular manslaughter](https://austinhageelaw.com/service-area/intoxication-and-vehicular-manslaughter-attorney-san-antonio-tx/) - Underage DWI and minor in possession - Boating while intoxicated ## Arrested for DWI in Bexar County? A former Bexar County prosecutor can walk you through it on a free, confidential call. [Request a Free Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries > Every client deserves to have their story told and their rights protected. Austin Hagee ## Real Results: 350+ Cases Dismissed for Our Clients Pressure applied early, in the right places, can change outcomes. A sample of what that has looked like: - Dismissed Charge ### Driving While Intoxicated February of 2026 - Dismissed Charge ### Driving While Intoxicated 2nd February of 2025 - Dismissed Charge ### Driving While Intoxicated 3rd Offense December of 2025 - Dismissed Charge ### DPS ALR Hearing – Driver’s License January of 2026 [See If Your DWI Can Be Dismissed](https://austinhageelaw.com/contact/) Past results do not guarantee a similar outcome. Every case is different. [See more case results](https://austinhageelaw.com/recent-results/) ## Top-Tier Defense Shouldn't Be Out of Reach One night should not cost you your career and your ability to drive to it. We quote a flat fee in writing before you sign, then, if necessary, finance it ourselves with a low initial payment and monthly terms. No hourly meter, no surprise invoice. [Ask About Payment Options](https://austinhageelaw.com/pay-online/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## Why San Antonio Clients Choose Austin Hagee Law Firm - ### He Prosecuted These Cases Austin filed and tried DWIs for Bexar County. He knows how the State builds them and how to present evidence that hits the right pressure points. - ### Your License Gets Fought for Too The ALR hearing is part of how we handle every DWI, not an add-on you have to think to ask about. - ### A Deliberately Small Caseload You reach your attorney, you get straight answers, and your file never sits in a stack. - ### Reachable When It Happens Arrests do not wait for office hours. New client inquiries reach us any hour, any day. ## Meet Austin Hagee, Former Prosecutor and Trial-Tested Defender Before defending the accused, Austin Hagee prosecuted them as a felony prosecutor for the Bexar County District Attorney’s Office. A St. Mary’s University School of Law graduate with honors, recognized by Super Lawyers and the National Trial Lawyers, he has taken a case to trial every year since he was licensed and prepares each one as though a jury will decide it. [View Bio](https://austinhageelaw.com/about-us/austin-m-hagee/) ## Trial Attorneys [Meet the Full Team](https://austinhageelaw.com/about-us/) - ### [Hannah Hawkins-Cunningham](https://austinhageelaw.com/about-us/hannah-hawkins-cunningham/) Trial Attorney - Purdue University, Bachelor of Arts - Indiana University School of Law, Doctor of Jurisprudence - Order of the Barristers - ### [Kyra Falcone](https://austinhageelaw.com/about-us/kyra-falcone/) Trial Attorney - The University of Texas at Austin, B.A. with double minor - St. Mary’s University School of Law, J.D. - Dean’s Scholarship Recipient - ### [Jeremy Best](https://austinhageelaw.com/about-us/jeremy-best/) Trial Counsel - Texas State University, B.A. Business Finance - St. Mary’s University School of Law – Juris Doctor Degree - All Texas Courts – 2016 - ### [Niklaus B. Orosco](https://austinhageelaw.com/about-us/niklaus-b-orosco/) Trial Attorney - University of the Incarnate Word, B.A. in Psychology with a Neuroscience concentration, magna cum laude, 2021 - St. Mary’s University School of Law, J.D., 2025 - Former Assistant District Attorney, Bexar County Criminal District Attorney’s Office - ### [Ruby Livas](https://austinhageelaw.com/about-us/ruby-livas/) Paralegal - University of Texas at San Antonio, Bachelor of Arts in History - Texas A&M University Corpus Christi, Certification in Elementary Education - University of Texas at San Antonio, Paralegal School - ### [Ana Sofia Mohamed](https://austinhageelaw.com/about-us/ana-sofia-mohamed/) Legal Assistant - New York University, Bachelor of Arts in Political Science - Bilingual in English and Spanish ## What Happens Next 1. 1 ### Free Confidential Call Tell us about the stop. We explain what you are actually facing, not the worst-case version in your head. 2. 2 ### Evidence Review We request the video, the testing records, and the State's file, and we protect the 15-day license deadline immediately. 3. 3 ### Defense Strategy Dismissal, reduction, diversion, or trial. You get a plan and the reasoning behind it. 4. 4 ### Bi-Weekly Updates Every two weeks we tell you where the case stands and what comes next, so you are never left guessing. [Start With a Free Consultation](https://austinhageelaw.com/contact/) ## Where We Handle DWI Cases Our office sits on Austin Highway, minutes from the Bexar County courts. Most of our DWI work runs through San Antonio and the counties within about an hour: Comal (New Braunfels), Guadalupe (Seguin), Hays (San Marcos), Kendall (Boerne), and Atascosa (Pleasanton). We also appear in Travis, Kerr, Gillespie, and Bandera counties, and take serious cases elsewhere in Texas. See San Antonio criminal defense or the full areas we serve. ### Our Office 120 Austin Hwy #103 San Antonio, TX 78209 [See All Areas We Serve](https://austinhageelaw.com/service-area/) Boerne New Braunfels San Marcos Seguin Atascosa County Our Office ## Frequently Asked Questions - Is there a difference between DWI and DUI in Texas? They are separate offenses. DWI applies to drivers of any age under Penal Code Chapter 49. DUI is charged under the Alcoholic Beverage Code and applies to drivers under 21, who can be cited for any detectable amount of alcohol. - Can I be convicted without a breath or blood test? **Yes.** The State can proceed on an officer’s testimony about your driving, your speech, and your performance on roadside tests. Those cases often depend heavily on police body cam video evidence, which can cut both ways if you know how to evaluate it and conduct a smart and aggressive cross-examination of the arresting officer. - Should I refuse the breath test? No answer fits every situation, and refusal carries a longer suspension than taking the test and failing it. What matters more is what happens next, because a refusal case removes the State’s number and shifts the fight to the officer’s observations. - Will I go to jail on a first offense? Most first-offense cases resolve without jail time, often through dismissal, diversion, or probation. That depends on the facts, your record, and how early the defense starts. - Is prison mandatory on a DWI third? **No.** A third offense is a felony with a 2 to 10-year sentencing range, but probation remains available, and these cases can be dismissed or reduced. We have obtained dismissals on felony DWI charges. - Does a DWI ever come off my record? A dismissal or acquittal can be expunged, and some outcomes qualify for nondisclosure. A conviction cannot be sealed, which is the strongest reason to fight it now. - How much will this cost? Fees depend on the offense level and complexity. We quote a flat fee up front and offer in-house payment plans, so cost is not the reason you go without a defense. - What should I do first? Call immediately, but especially before your first court date, ideally within the first two weeks, so the license deadline is protected and the body cam video is requested while it still exists. ## Arrested for DWI in San Antonio? The Clock Is Already Running. Call us or request your free, confidential consultation online. We answer new client inquiries 24 hours a day. --- Austin Hagee Law Firm — [https://austinhageelaw.com/service-area/dwi-dui-attorney-san-antonio-tx/](https://austinhageelaw.com/service-area/dwi-dui-attorney-san-antonio-tx/)