DWI/DUI The Law Office of R.C. Pate was built on a solid foundation of knowledge, developing solutions that take into account our clients' unique situations, and a willingness to fight aggressively and think creatively to defend our clients' rights as quickly and efficiently as possible.

San Antonio DWI Attorney

Committed to Protecting Your Rights & Future

In Texas, there are a number of intoxicated driving offenses:

DUI
DWI 1st
DWI 2nd
DWI 3rd or more
DWI with Child Passenger
Intoxication Assault
Intoxication Manslaughter

In each of these cases, it is important to have a DWI lawyer to defend you. At The Law Office of RC Pate, we are proud to apply our diverse skillset to the complex legal matters our clients face. No matter what your situation may be, we are prepared to work with you and help you tell your side of the story.

Schedule your initial consultation by calling us at (210) 757-4373 or filling out our online contact form.

DWI Offenses

In Texas, a DWI First Offense is a misdemeanor charge unless there is a serious injury or the person was driving with a child under 15. Punishment can range from $2,000 to $4,000 and 180 days to a year in jail, depending upon the blood alcohol level.

A DWI Second Offense is more serious and has stiffer penalties, with a minimum jail sentence of 30 days and a fine and court costs of up to $4,500. These cases are very important to fight because if you get convicted and are ever accused again, they are felonies.

A DWI Third Offense is a felony-level offense that can result in up to 10 years in prison. If you are charged with a DWI Third or more, you need to talk to a lawyer immediately.

What Is a DUI?

In Texas, a Driving under the Influence (DUI) arrest only applies to people under 21. With the help of a lawyer, you may be able to expunge a DUI from your record.

I Got Arrested – What Should I Do Now?

Contact a DWI lawyer! Many clients decide to talk to several law offices before making a decision, which is reasonable, but we recommend that you do not wait too long or you risk losing your driver’s license. Also, preserve what you remember of the arrest by writing out what happened both before and during your interaction with the police. A trial could be several years away and those details could help with your defense.

DWI/DUI

DWI for Drugs

In Texas, Driving While Intoxicated for Drugs is prosecuted under the same statute as Driving While Intoxicated, or DWI. This is not a different crime because the intoxicating substance was something other than alcohol, despite many people thinking it is a separate crime.

DWI Charges where somebody is seriously injured or killed are felonies. A DWI case if you have twice been convicted of DWI is also a felony offense. Otherwise, DWI for Drugs would be treated as a misdemeanor.

Sometimes a case of Driving While Intoxicated for Drugs also has an alcoholic component. Sometimes, it’s just about drugs. In either case, it is important to hire someone who understands the science behind how a lab will look for intoxicants in your body.

RC Pate Is a Lawyer-Scientist

Founding attorney RC Pate has attended several college-level courses specific to gas chromatography. If your case involves gas chromatography or blood measurements of any kind, you should read about a Lawyer-Scientist. RC is the only ACS-CHAL Lawyer scientist taking cases in San Antonio. That doesn’t mean that they can’t represent you, but if these issues are critical to your defense, shouldn’t you hire the lawyer who has studied them?

Blood Testing Process

If the state took your blood as evidence for a Driving While Intoxicated for Drugs case, they will use a process called gas chromatography. Some people think that just because the state took your blood they will automatically look for any drugs in your system. This is not actually true.

The process of preparing a blood sample for analysis requires that different chemicals be added depending on which substance they are testing for. The preparation for cocaine requires a different internal standard and a different column in the gas chromatograph. What does this mean for you? The more complicated the process, the more opportunities for the government to make a mistake.

Many complicated issues can arise when the government is trying to use your blood against you in a Driving While Intoxicated for Drugs case. Did the lab leave your blood out for too long with no refrigeration? Did they use expired chemicals? Did they calibrate the machine? When did they calibrate the machine? Did they prepare the sample the same way they are supposed to? Did they switch your vial with another person’s?

But, imagine if your lawyer doesn’t understand the process. How is he ever going to exploit those possible mistakes for you? If he or she doesn’t understand these processes, how will they convince a jury that you are not guilty and the lab made a mistake?

Drug Possession Charge

If you are charged with Driving While Intoxicated for Drugs, there can also be a separate charge for possession of drugs. For the vast majority of drugs, this would be a felony-level offense. The Law Office of RC Pate has had experience in handling these cases as well.

Driver’s License Suspension

There could also be a Driver’s License Suspension if you are charged with Driving While Intoxicated for Drugs. This suspension can only be avoided if you request a hearing within 15 days from the day you were arrested. Our advice to you is to hire a San Antonio DUI lawyer as quickly as possible to handle requesting that hearing.

We are happy to give you a free consultation about the process and work with you on payment plans. Call us at (210) 757-4373 or fill out the online form to schedule an appointment.

Continue Reading Read Less

Don't Let a Mistake Define Your Life

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.

Meet RC

View Attorney Bio