MARTIN S. GARZA, SAN ANTONIO FAMILY LAW ATTORNEY FOR CRIMINAL CHARGES
DUI AND DWI
The most common criminal law cases that come to The Garza Law Firm in Bexar County and surrounding areas are for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). The difference between the two is that DUI involves minors (under 21) and DWI is the charge for individuals 21 years and older.
DEFINITION OF LEGAL INTOXICATION
In Texas, a person is legally intoxicated and may be arrested and charged with DWI with a .08 BAC (blood or breath alcohol concentration). However, a person is also intoxicated if impaired due to alcohol or other drugs, including prescription medications, regardless of BAC. Whether you’re the driver or the passenger, you can be fined up to $500 for having an open alcohol container in a vehicle.
JAIL BOND
Martin S. Garza, family lawyer in San Antonio, has bonding authority as Surety in Bexar, Comal, Kendall and Bandera counties. If you or a family member are in jail, he can be reached 24/7 to post a bond. If you then choose to retain him as your attorney of record, half of your bond fee will typically be applied to your legal fees with The Garza Law Firm.
IF YOU’RE STOPPED FOR DWI
If you are stopped, be ready to show your driver’s license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, your driver’s license will be automatically suspended for 180 days. You will typically be asked to take field sobriety tests and/or submit to an intoxilizer breath sample. You may refuse all tests, including a blood test. However, your license may be suspended for up to 180 days. The Garza Law Firm is prepared to obtain a court order for an occupational license which will allow you to drive during the suspension period.
PUNISHMENT FOR DWI VARIES DEPENDING ON THE NUMBER OF CONVICTIONS:
FIRST OFFENSE
- A fine of up to $2,000
- Three days to 180 days in jail
- Loss of driver license up to a year
- Annual fee of $1,000 or $2,000 for three years to retain driver license
SECOND OFFENSE*
- A fine of up to $4,000
- One month to a year in jail
- Loss of driver license up to two years
- Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license
THIRD OFFENSE*
- A $10,000 fine
- Two to 10 years in prison
- Loss of driver license up to two years
- Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license
*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking.
