The Law Offices of Gary Churak P.C.

San Antonio

14310 Northbrook Drive #210
San Antonio, Texas 78232
San Antonio TX Criminal Defense Attorney

Texas DWI Laws Overview

San Antonio First Offense DWI Lawyer

Potential Penalties for a First Offense DWI in Texas

Interviewer: For a first time offender with no aggravating circumstances or enhancing circumstances, what’s the range of penalties that they may face if they’re convicted?

A DWI Conviction in Texas Is an Expensive Offense

Gary: First time offenders are looking at, if their blood alcohol is below 1.5, we can negotiate a plea bargain agreement if they want to resolve the case fairly quickly. It’s called obstruction of highway by alcohol and for that offense the probation is usually set for a little longer period of time. They can put you on a year probation or two-year probation on occasion, and you will have to install an ignition interlock device. The benefit of negotiating that plea bargain is you do not have pay the surcharges that the state of Texas hits you with.

"A Texas DWI Conviction Carries a Penalty of a $1,000 Surcharge for Three Years to Maintain Your Driving Privileges."

A DWI conviction in Texas carriers a surcharge for three years of $1,000 a year, so $3,000 for three years if you’re convicted of DWI in Texas. To keep your license you must pay one thousand dollars a year; if you don’t pay your surcharge your license will be suspended.

To Avoid the Surcharge, Many Individuals Accept a Plea Bargain for the Offense of Obstruction of Highway by Alcohol

With that in mind, many people will readily agree to the obstruction of highway plea bargain agreement because they avoid that surcharge bill. That’s especially true if they don’t want to fight the case because there is little in their favor, such as really no issues with the stop, or issues with the breath test. Without any factors in the case to dispute, it is going to be one of these cases that we don’t have a whole lot to work with and then we might look at that plea bargain agreement.

Contact a DWI Defense Attorney in San Antonio today!

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Call the Law Offices of Gary Churak, P.C. at (210) 545-3850 or contact the firm online to schedule a free consultation visit to discuss your legal needs.

Currently, if drug use is suspected, what the officer will do is they give you a breath test and it comes back 000 then they ask you to submit to a blood test... For a free consultation with an experienced DWI Attorney call Gary Churak 210-545-3850 San Antonio

Are Drug-Related DWI Cases Increasing in Number?

San Antonio Drug Related DWI Lawyer

Interviewer: Of the cases you handle, what percentage are alcohol related versus prescription drug or illegal drug related?

Gary: Right now I’d say 90% of them are alcohol related. I’m starting to get more drug related cases because they’re getting more sophisticated on what they can screen to show narcotics in the blood.  A breath test will not reveal that.

If the Officer Suspects Drug Use, You Will Be Asked to Undergo a Blood Test to Screen for Drugs

Currently, if drug use is suspected, what the officer will do is they give you a breath test and it comes back 000 then they ask you to submit to a blood test or get a court order to compel you to do a blood test. The lab will perform a toxicology screen on the blood sample for narcotics at that point.

I see many cases attributed to Xanax because people don’t realize how much it affects them. Especially any kind of opiates with Xanax is basically a cocktail that you don’t want to have in your system. This is because I’ve had two or three of cases that involved very bad accidents when the driver was on that drug combination.

Interviewer: Do you see Ambien or what other prescription drugs are popular?

Gary: I primarily see cases where the driver has ingested an opiate like hydro-codeine combined with a Xanax, or alcohol and a Xanax.

Drug cases are usually hard to defend because juries can understand going to a bar to have a drink... For a free consultation with a lawyer that's experienced in defending drug-related DWI's call Gary Churak 210-545-3850

Are Drug-Related DWI Cases Defensible?

San Antonio Drug Related DWI Attorney

Interviewer: Are drug-related DWI cases harder or easier to defend?

Gary: Drug cases are usually hard to defend because juries can understand going to a bar to have a drink. A lot of juries can’t understand doing a joint or popping a pill.

Texas Is Not a Medical Marijuana State

Interviewer: There are no medical marijuana laws in Texas currently?

Texas Has Strict Penalties for Drug Possession

Gary: No, there’s no marijuana period in Texas. The charge is Class D Misdemeanor up to 100 days in jail if you’re caught with the remainder of a joint in your car. You will be charged even if the remainder is burnt down and there may be just a very little amount left in it, zero to two ounces of marijuana is charged as a Class D Misdemeanor and you go to jail.

If the drug is discovered on your premises you can be facing a year in jail, so they don’t take the matter lightly. If you are found to have over four ounces of marijuana, the charge becomes a felony.

Interviewer: In some states the penalties are less serious. What is the climate in Texas?

Gary: Yes, in some states possession charges are a slap on the wrist but not in Texas.

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