DWI vs DUI

For many people, a DWI is their first arrest and criminal charge (or a DUI if they’re under 21 and not legally intoxicated). A DWI can result in serious consequences, including jail time, fines, surcharges, community service, and a loss of driving privileges. In addition, people with DWI convictions on their records find their motor vehicle insurance premiums going sky high, if they can get insurance at all.

At the San Antonio drunk driving defense law firm of Dave McLane and Associates we work hard to defend your rights and driving privileges both in court and before the Department of Public Safety (DPS). We’ll take your case to trial if necessary to avoid a DWI conviction. We will also help you get your driving record and criminal record expunged when that’s possible.

What to do if you’ve been charged with a Texas DWI / DUI?
If you’ve been arrested and charged with drunk driving or driving under the influence, you’re facing civil and criminal charges. Call an experienced DWI attorney right away – you have only 15 days in which to request an administrative hearing to try to prevent your driver’s license from being suspended by the Department of Public Safety.

We need to work quickly to prepare your case for the Administrative License Hearing; to obtain a copy of the police report and videotape, to review the evidence and develop your defense. We’ll subpoena the police officer and cross-examine him/her as part of our effort to explore every avenue to find all the possible weaknesses in the case against you.

If your license is suspended, Dave will help you get an occupational drivers license if you qualify, so you can continue to drive to and from work and for essential household activities.

The Administrative License Hearing is not the end, however. You will still have your day in court. It may seem that the prosecutor has the cards stacked against you, but they have to prove their case beyond a reasonable doubt. That’s a very high standard and we’re going to fight all the way to protect your rights, using everything at our disposal.   

San Antonio, Texas DWI Attorney / Lawyer David McLane is committed to providing aggressive, effective, and professional legal representation. For a FREE initial consultation please click here.

DWI
The charge of driving while intoxicated (DWI) is made when a person is determined to have a blood alcohol concentration (BAC) of .08 or more while driving a motor vehicle and/or is intoxicated by the loss of his/her normal use of mental or physical faculties by the introduction of alcohol or drugs or a combination of alcohol and drugs. Several sobriety tests can be used to determine if that level has been reached, but the timing and type of test can greatly influence the results and can lead to innocent people being charged with DWI. 

DUI
The charge of driving under the influence (DUI) is made when people under the age of 21 (minor) drive while under the influence of alcohol.   A DUI is committed when a person 20 years or younger operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. 

Therefore, someone 18 or older can be prosecuted as an adult for DWI if intoxicated or a DUI if only impaired.  If under 18, you can be still prosecuted for DUI, although Texas law prohibits the prosecution and conviction of juveniles for many offenses, legislature has made special exceptions to prosecute juveniles who drink alcohol and drive.

Click here to learn more about field sobriety testing and breath tests

To learn more about Texas DWI laws and penalties click here.

Some of the defenses we use to increase his clients' chances to obtain an acquittal:
1. The officer had no legal right to pull your vehicle over.
2. Law enforcement did not comply with Texas law.
3. You were not given the option to take a breath or blood test.
4. You were questioned in violation of your Miranda Rights.
5. You requested but were denied the right to an independent test.
6. You have been denied your right to a speedy trial.
7. Your blood alcohol level was lower when driving than when tested.

San Antonio, Texas DWI Attorney / Lawyer David McLane is committed to providing aggressive, effective, and professional legal representation. For a FREE initial consultation please click here.