A DWI conviction is a permanent mark on a person’s record that does not go away. There may still be a number of options for individuals who have a DWI case pending in Bexar County, San Antonio, Texas.
Under Texas law, Deferred Adjudication is not available for DWI cases. If a person is placed on probation for a DWI, that will be a final conviction that cannot be expunged or sealed in any way.
In Bexar County, a DWI may be reduced to Obstruction of a Highway charge if certain conditions are met. First, the DWI must be a first DWI with no prior DWI history, whether that be a previous DWI charge or a previous reduction to Obstruction of Highway. Second, the BAC, or blood alcohol content must have been lower than .15. Whether the BAC was obtained by a blood draw or breathalyzer, it must be below that threshold. There must also be no accidents associated with the DWI, including running into other vehicles, etc. If a person meets this criteria, they may be eligible for a reduction to an obstruction charge. With an obstruction charge, deferred adjudication eligibility then becomes an option. If deferred adjudication is obtained, then the charge will not result in a final conviction.
Another option for a person facing DWI charges would be to fight the case with the jury trial. There may be a number of potential consequences associated with taking responsibility for the offense even when reduced to an obstruction charge. For this reason, having an experienced San Antonio DWI attorney is vital.