Protecting Your Rights After a DWI/DUI Arrest
It can happen to anyone. The police think or believe you had one too many drinks after work or at a friend's house and that you didn't think you were intoxicated. Unfortunately, the stakes of driving while intoxicated are high. In Texas, a first offense can result in large fines, a jail sentence, driver's license suspension and a license surcharge. Penalties for repeat offenses are even more severe. Having an experienced San Antonio DWI/DUI attorney on your side can make a considerable difference in the outcome of your case.
Aggressive Bexar County DWI/DUI (Drunk Driving) Defense Attorney
My name is Derek W. Emmons. I have more than 15 years of criminal law experience, including experience as a former prosecutor. As a criminal defense attorney and former prosecutor, I have taken more than 70 misdemeanor and felony cases to trial. I understand how much is at stake for clients charged with DWI or DUI and will work hard to minimize the impact on you. Call 210-775-1181 or 877-847-4025 for a free consultation.
The Difference Between DWI and DUI
While people frequently use DWI and DUI interchangeably, in actuality, DWI and DUI are two separate offenses in Texas.
- DWI: It is not illegal for an adult to have alcohol in his or her system when driving, provided that individual is not intoxicated. If he or she is intoxicated — with a blood alcohol content (BAC) level over the legal limit of .08 percent — the police can charge that person with DWI. Both adults and minors can be arrested for DWI. DWI charges can be enhanced to felony DWI if there are aggravating factors, such as if it is the individual's third DWI offense, if it involved a DWI accident with injuries or other serious factors.
- Underage DUI: In Texas, a DUI charge is strictly for someone under 21 years of age who is operating a vehicle with any detectable amount of alcohol in his or her system. The arresting officer does not need to perform a breath test to prove the presence of alcohol. Merely smelling it on a minor's breath is enough cause for a DUI charge.
As your defense attorney, I will provide honest answers about your case, clearly explain the DWI process and thoroughly examine all aspects of your arrest in order to build an effective defense strategy. Part of my investigation includes checking to see if the officer performed the field sobriety tests appropriately, the breath test equipment was in proper condition and the officer had just cause to stop you.
Driver's License Suspension After a DWI Arrest
When you are charged with DWI, your driver's license will be confiscated and you will receive a temporary permit that is valid for 40 days. You have 15 days to contest the license suspension by requesting an administrative hearing. If you fail to request the hearing within the required period, you will not have another opportunity to challenge the license suspension. Therefore, it is crucial to act quickly to protect your driving privileges.
As an experienced San Antonio DWI/DUI defense lawyer, I can handle both the criminal and civil cases related to your drunk driving arrest. I understand how to use testimony from the administrative hearing to strengthen your criminal case and will strive to obtain the best possible result for your specific situation.
San Antonio, Texas, DWI/DUI Attorney Fighting for You
Have you been charged with DWI, DUI, intoxication assault or intoxication manslaughter? Contact me for a free consultation.
My office is located one block east of San Antonio Community College. Free parking is available. My hours are 8:30 to 5:30, Monday through Friday. However, I will give you my cell phone number so you can get in touch with me when you need to. Evening and weekend consultations are available by appointment.
Office staff speaks Spanish.
Credit cards accepted.
