San Antonio DWI Attorney

Last updated on February 25, 2026

Facing DWI charges in San Antonio, Texas? Arrested for drunk driving in San Antonio? If you are asking whether or not you should fight your DWI charge, the answer is yes. It is imperative that you get in contact with an experienced attorney to defend your constitutional rights and future.

Safeguard yourself against dire consequences by hiring a DWI attorney in San Antonio, Texas, at the Law Office of Kerrisa Chelkowski today. My experience as a former prosecutor gives me insight into the strategies of law enforcement and equips me with the knowledge to build a strong legal defense.

If you are facing serious charges for drunk driving, call or contact online today to speak with our San Antonio DWI lawyer! Call 210-879-6503 or send an email today to get personalized legal guidance.

What Is The Difference Between DWI And DUI In Texas?

Under state law, an individual who is arrested for drinking and driving may either be charged with driving while intoxicated (DWI) or driving under the influence (DUI). The difference between DWI and DUI has to do with the age of the driver.

Underage drivers – younger than 21 years – can be charged with driving under the influence when they are caught behind the wheel with any detectable amount of alcohol in their system. Charges of driving while intoxicated, on the other hand, is charged when the driver has a blood alcohol content of 0.08% or more, or when his or her abilities are demonstrated to be impaired by alcohol or other intoxicating substances.

Don’t face your DWI charges alone. Call my office today to discuss your case during a free evaluation.

Penalties For Drunk Driving In Texas

The sentence you can receive for drinking and driving depends on several factors including the number of times you have previously been convicted, whether there was a child in the vehicle, and whether you are accused of causing injury or death in a collision.

A first-time DWI carries a possible sentence of:

• Up to $2,000 in fines
• Between 3 and 180 days in jail
• A 1-year driver’s license suspension
• Up to $2,000 in annual fines in order to retain your driver’s license

If you are charged with intoxication manslaughter, you can be sentenced to:

• Up to $10,000 in fines
• Between 2 and 20 years in prison
• Minimum of 240 hours mandatory community service

It is imperative that no matter what type of accusation you are facing, that you have an experienced and powerful DWI lawyer in San Antonio, Texas, working on your behalf. With over a decade of experience, a 10.0 Superb Avvo Rating and inclusion on the Texas Rising Stars list, it is evident that my experience has been a huge asset in helping others retain positive case results.

The Potential For Jail Time In San Antonio DWI Cases And How To Minimize Your Risk

Facing potential incarceration creates overwhelming anxiety for anyone charged with drunk driving offenses. Understanding what factors increase jail time risk and how experienced legal representation can minimize these consequences provides clarity during uncertain times.

Several circumstances increase the probability of a jail time sentence in Bexar County courts:

• High blood alcohol concentration levels, particularly those exceeding twice the legal limit of .08%, demonstrate severe intoxication that judges view unfavorably
• Prior DWI convictions on your record signal a pattern of dangerous behavior, resulting in mandatory minimum sentences under Texas law
• Accidents causing property damage, injuries or fatalities transform charges into cases where prosecutors aggressively pursue incarceration
• The presence of minor passengers under 15 years old automatically elevates charges to felony status with substantial prison exposure
• Refusing chemical testing or displaying belligerent behavior during arrest creates additional obstacles to favorable outcomes

A skilled San Antonio DWI attorney pursues strategies to avoid incarceration. Probation allows defendants to serve sentences in the community under court supervision rather than behind bars. This may include alcohol monitoring and regular probation officer meetings. Community service hours provide courts with tangible evidence of accountability.

Treatment programs addressing substance abuse demonstrate recognition of underlying issues and commitment to rehabilitation. Bexar County courts view completion of counseling and education programs favorably. Deferred adjudication represents another powerful tool where defendants receive probation without final conviction. Successful completion results in case dismissal and no permanent criminal records.

An experienced San Antonio DWI lawyer employs unique strategies and negotiating favorable resolutions. Criminal defense attorneys evaluate whether officers established probable cause for stops, whether field sobriety tests were properly administered and whether breath or blood tests produced reliable results.

My background as a former prosecutor provides unique insight into how the district attorney’s office evaluates cases. This experience proves invaluable when negotiating charge reductions or alternative sentencing arrangements that avoid jail time and license suspension consequences.

Early intervention by qualified legal representation in Bexar County dramatically improves outcomes by preserving evidence, identifying defenses and establishing your commitment to addressing underlying issues before prosecutors form fixed positions on appropriate punishment.

Strategies For Fighting DWI/DUI Charges

The question most people are wondering after their arrest is, “Can I fight my DWI?” The most important thing to know about drunk driving charges is that you can fight back. Whatever type of DWI/DUI you are charged with, a San Antonio DWI attorney may be able to clear your name by disputing the validity of the breath and blood tests, such as by demonstrating that the breathalyzer was out of calibration and therefore incapable of providing a reliable sample.

Similarly, video footage from the police car dashboard video camera may be useful in showing that you did not actually fail the roadside field sobriety tests. It may even be possible to have the charges thrown out by revealing that the police officer violated your constitutional rights by pulling you over without probable cause.

Can I Beat A DWI Charge?

One of the things that most people do not realize is that you can beat a DWI charge. Not even a failed field sobriety test or a breathalyzer test showing a BAC of 0.08% or more is enough to guarantee a conviction. Field sobriety tests are completely subjective. Breathalyzer tests and other types of breath or blood tests can also be inaccurate.

An officer who is insufficiently trained, an improperly calibrated machine and many other external factors can all contribute to a false reading. In some cases, officers fail to follow the exact procedures necessary to obtain probable cause before placing an individual under arrest. If that happened in your case, I will be able to challenge the officer’s actions and fight to have your case and any charges filed against you dismissed.

If you have been charged with DWI, you are going to want a zealous San Antonio DWI lawyer aggressively advocating on your behalf. I have more than a decade of experience with criminal law and DWI defense cases. Prior to starting my own defense practice, I spent time as a prosecutor with the District Attorney’s office. My experience in the legal field has given me a rare insight into the justice system, one that very few other lawyers possess. I have tried and won countless criminal defense cases, including those involving DWIs, and I have a very high success rate.

In recognition of my accomplishments and my professional standards, I have received a BV Distinguished® Rating by Martindale-Hubbell® and an Avvo Rating of 10.0 Superb. If there was any error made during the arrest process, I will be unrelenting in my pursuit to find and uncover it. If you need help fighting a DWI charge, contact San Antonio DWI lawyer Kerrisa Chelkowski today.

Administrative License Revocation (ALR) Hearings in Texas DWI Case

An arrest for driving while intoxicated in Texas triggers two separate legal processes. Many are unaware of one: the Administrative License Revocation process. An ALR hearing is a civil proceeding that directly affects your license suspension. It operates independently from the criminal DWI case pending in Bexar County courts.

After a traffic stop, if law enforcement alleges intoxication and either obtains a failed breath test result or claims you refused testing, your driver’s license is subject to automatic suspension. You have only 15 days from the date of arrest to request an ALR hearing. If no request is made within that deadline, the suspension begins automatically, even if your criminal case has not yet progressed.

An ALR hearing allows your San Antonio DWI attorney to challenge the basis for the suspension. At the hearing, the administrative judge reviews whether the officer had reasonable suspicion to initiate the traffic stop. They examine whether probable cause existed for the arrest. They will also determine whether testing procedures were followed correctly. The arresting officer may testify, creating an early opportunity to examine evidence.

This administrative suspension is separate from any criminal license suspension. An ALR suspension arises solely from the arrest circumstances and testing issues. A criminal suspension is imposed only if a court finds guilt. Even if a criminal case is reduced or dismissed, an ALR suspension can still stand if it is not successfully contested.

Effective representation at the ALR stage can preserve driving privileges or secure occupational licenses that allow limited driving for work, school or essential needs. This is especially important in cases involving alleged felony DWI, where suspension periods are longer and the consequences are more severe.

Beyond protecting driving privileges, the ALR process provides strategic advantages. Testimony obtained from officers during the hearing can expose inconsistencies, procedural errors or credibility issues. This information often becomes valuable later when negotiating with prosecutors or preparing a defense for trial.

Handling an ALR hearing requires prompt action, procedural knowledge and familiarity with how Bexar County administrative courts operate. A seasoned San Antonio DWI attorney understands how to navigate these hearings, question law enforcement conduct and protect clients from unnecessary or prolonged loss of driving privileges while the criminal case unfolds.

The DWI Court Process In Bexar County

After an arrest for Texas DWI, defendants typically face arraignment within 48 hours. This is where judges inform them of charges and set bond conditions. The case proceeds through the Bexar County Criminal Court, where prosecutors review evidence and determine whether to file formal charges. Texas DWI laws require the district attorney’s office to prove intoxication beyond a reasonable doubt, creating opportunities for skilled DUI defense.

Most Texas DWI cases take between three months to over a year to resolve depending on complexity, evidence disputes and court dockets. A criminal defense attorney can negotiate with prosecutors during this period, potentially securing plea agreements reducing charges or penalties. However, accepting plea deals without thorough case evaluation may result in unnecessary convictions when strong defenses exist.

Specialized DWI Court Programs

Bexar County offers alternative resolution programs for eligible defendants:

• Bexar County DWI Court: This intensive supervision program serves repeat offenders or those with high blood alcohol content. Participants must enter guilty pleas but receive structured rehabilitation combining frequent court appearances, substance abuse treatment, random testing and community service. Successful completion typically takes 12 to 18 months and can result in reduced sentences and probation terms rather than lengthy incarceration. While DWI Court demands significant commitment, it provides second chances for defendants struggling with alcohol dependency.
• Bexar County TRAC-D Court: The Treatment, Responsibility and Accountability on Demand program serves first-time offenders meeting specific eligibility criteria. This pretrial diversion allows defendants to avoid conviction by completing treatment requirements, maintaining sobriety and fulfilling program obligations over approximately 12 months. Upon successful completion, prosecutors dismiss charges entirely, leaving defendants without criminal convictions. However, eligibility restrictions exclude those with prior DWI convictions, commercial driver’s licenses or accidents involving serious injuries.

These specialized programs require careful evaluation to determine whether participation serves your best interests.

Off-Ramps And Plea Negotiations

Throughout the court system process, various off-ramps exist where criminal defense lawyers can negotiate favorable resolutions. These include charge reductions to reckless driving or obstruction of a highway, deferred adjudication probation avoiding final convictions and pretrial diversion programs. An experienced criminal defense attorney evaluates which options best serve individual circumstances while protecting constitutional rights and future opportunities.

Military DWI And Federal Jurisdiction

San Antonio is known as “Military City USA,” and many service members live or work on installations such as Fort Sam Houston, Lackland Air Force Base and Randolph Air Force Base. A military DWI in San Antonio can involve far more than a standard civilian prosecution. The location of the arrest determines whether the case proceeds in state or federal court.

If the alleged offense occurs off base within city limits, the case is typically filed in Bexar County and prosecuted under Texas DWI statutes. However, when the incident happens on a military installation, jurisdiction often shifts to federal court. The differences include:

• State DWI in Bexar County: Prosecuted under the Texas Penal Code. Cases move through county criminal courts, and penalties may include fines, probation, driver’s license suspension and possible jail time. Prosecutors must prove intoxication beyond a reasonable doubt under Texas standards.
• Federal DWI on base: Prosecuted in United States District Court under federal regulations that adopt or mirror state law through federal authority. Federal rules of procedure apply, court settings differ and sentencing outcomes may vary from county court practices. A conviction becomes part of a federal criminal record.

Federal proceedings require a defense strategy tailored to federal practice. A knowledgeable federal DUI lawyer understands how to navigate United States District Court, challenge federal charging decisions and scrutinize law enforcement conduct on base.

For active duty personnel, the consequences extend beyond the courtroom. A DWI arrest on base may trigger command action under the Uniform Code of Military Justice. Potential administrative repercussions include:

• Article 15 nonjudicial punishment
• Reduction in rank
• Loss of pay or forfeitures
• Extra duty or base restrictions
• Administrative separation review

These outcomes can directly impact promotion eligibility and long-term career stability. Service members approaching retirement frequently ask whether they can keep their military pension after DUI charges. While a single misdemeanor does not automatically eliminate retirement benefits, disciplinary action or discharge proceedings can jeopardize pension eligibility and future financial security.

If the case involves prior convictions, high blood alcohol levels or injury to another person, prosecutors may pursue enhanced charges. In these situations, working with an experienced felony drunk driving lawyer becomes essential to limit exposure.

Whether you need Fort Sam Houston DWI defense or seek to challenge a DWI arrest in San Antonio, understanding the jurisdictional framework is critical. A comprehensive defense must address both the criminal allegations and the military administrative consequences. 

How to Effectively Handle Your DWI Case

The key to effectively handle your DWI case is to understand your rights and to hire a DWI lawyer San Antonio, Texas, who is ready to fight for you. As a former prosecutor, I have a unique understanding of criminal cases and can use this to your advantage in the courtroom. Contact me now at the Law Office of Kerrisa Chelkowski so that I can begin working on a DWI defense strategy for you! I have achieved complete case dismissals and reduced the charges against my past clients.