DWI and License Revocation

            The charge of Driving While Intoxicated in Texas is defined by the penal code as when a “person is intoxicated while operating a motor vehicle in a public place.” Tex. Penal Code Ann. § 49.04 (West).  San Antonio and the surrounding areas have taken a very strict stance on how people who have been arrested for DWI are treated.  If you have been recently arrested for a DWI, you know what I am talking about.  Due to political pressure, district attorneys for Bexar and the surrounding counties refuse to offer reasonable plea deals regardless of the circumstances of the arrest.  They offer worse deals to people accused of DWI than to many misdemeanors where someone was actually hurt or lost property.  Well, at the Law Offices of Shawn H. Smith, I say fine- if they want a trial we will take them to trial to make them prove their case.  From the stop to the breath or blood test we can dispute every aspect of what the officer did the night of your arrest, and we will let the jury decide if the officer performed his job correctly or whether he violated your rights when arresting you for driving while intoxicated.

            A DWI conviction will have far reaching consequences, which will affect you for quite a while after you are sentenced.  Immediately after you arrested, the clock starts ticking for the DPS to be able to take your license away from you for a number of months, depending on the facts of your case.  You do not have to lie down and accept this.  At the Law Offices of Shawn H. Smith, I will handle your administrative license revocation hearing for you.  I will make the DPS prove that the officer who arrested you did so properly and that they conducted the standardized field sobriety tests accurately enough to determine that you had consumed alcohol prior to driving.  I have fought these hearings successfully and allowed many of my clients to keep their licenses whether they refused the breath test or failed it.  Call me today to find out what I can do to help you keep your license.

            When it comes to fighting the actual criminal charges in a DWI, there are several different avenues that we can take.  The most popular is to attack the validity and accuracy of the breath or blood test.  This can be done in a couple of different ways.  With a breath test, was it administered properly?  Was the machine properly calibrated and maintained?  Were there other factors present in the body of the person arrested that could have skewed the results?  With a Blood test, was the specimen stored or transported properly?  Did the lab follow their protocols?  Was there an irregularity with the blood draw?  Any of these things can lead to a skewed result in your breath or blood test, and when presented to a jury they can lead to a possible not guilty and an acquittal for you in your DWI case.  Call me today to discuss your options for fighting your DWI arrest.


Shawn Smith is an experienced Criminal Defense attorney serving the counties of Bexar, Guadalupe, Hays, Comal, Wilson and more.  Call today for your free consultation, available nights and weekends for your convenience.



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Shawn H. Smith
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Shawn H. Smith