If you’ve been charged with DWI in San Antonio, you need an attorney with experience
You’ve been arrested for DWI, and you’re asking yourself “What do I do now?”. The answer is, you hire an experienced DWI attorney. You will never pay for a consultation with Alex Vollmer. There are time sensitive motions and documents that need to be filed to give you the best chance at a favorable outcome. The longer you wait, the more opportunities to be proactive you are losing. If you don’t move fast, you may have your driver’s license automatically suspended. For more details on DWI, read the FAQ below.
Specializing in DWI, Alex Vollmer in-depth knowledge of the applicable law, police tactics and investigation techniques, and scientific testing methods. While serving as a Bexar County prosecutor, the majority of Alex’s trials were DWI and he has experience in blood and breath test cases. Alex has picked dozens of juries and knows how to evaluate and read people for the given situation.
Officers in the field don’t always have the training to properly administer field sobriety tests, and even if they do, they don’t always do so correctly. Having questioned hundreds of officers, and analyzed hundreds of DWI videos, Alex is an expert at identifying any mistakes that may benefit you.
Scientific tests are only as good as the underlying science and the people who apply it. Testing facilities and instruments must be maintained under strict state guidelines. Those that administer the tests, maintain the instruments, and testify in court must also be certified, credible experts who are qualified to do their jobs. Knowing what these techniques and procedures are, and making sure the state has complied, is one way that AWV Law holds the state accountable.
If you are charged with a DWI in San Antonio, AWV Law will fight for you in the following ways:
Prevent the state from administratively suspending your driver’s license
Obtain for you a occupational license, so you can work, go to the doctor, shop for groceries, etc.
Challenge the justification for pulling you over
Challenge blood and breath tests
Cross-examine witnesses and experts on subjects ranging from field sobriety tests to gas chromatography
Protect you from pre-trial bond violations
Equip you to successfully deal with pre-trial services, ignition interlock, SCRAM, and monitoring systems
File and hear motions to suppress evidence
Frequently Asked DWI Questions
Below are several common questions that I receive about DWI cases and how best to approach these situations.
1. What do I do if I’ve been pulled over?
– This is not a simple question to answer, and that sometimes frustrates clients. The first thing you need to know is, if you don’t cooperate, you will be arrested. Law enforcement policy is that a person suspected of DWI should not be allowed to continue driving simply because they refuse to participate in an investigation. That being said, cooperation is rarely in your best interest. There are complex mathematical formulas that determine how intoxicated you are based on how many drinks you’ve had over what period of time, how big you are, etc. If you have been pulled over for DWI, don’t submit to Standardized Field Sobriety Tests (SFSTs) or a breath or blood test. You are only giving them more evidence. Remember, you can’t talk your way out of it, and NEVER resist arrest, as it will add to your charges.
2. I think I’m under the limit for a DWI, should I participate in SFSTs or a breath/blood test?
– People are notoriously bad at estimating their levels of intoxication. Have you had anything to drink? If the answer is yes, don’t chance it. If there is even the slightest possibility you are intoxicated, you are taking a risk that you will just give the police more evidence. Remember to ask for your attorney whenever you are interrogated.
3. Can I reason with the police? Is honesty rewarded?
– No, and No. You should not EVER talk to the police. Literally anything you say can be used against you and NEVER for you. You will undoubtedly say something you shouldn’t, accidentally make a critical admission, and dig yourself deeper into a hole. Remember that the police are professionals at getting people to hang themselves and love to give you plenty of rope with which to do so. Being honest will not earn you any brownie points. Never. Regardless, you should always be polite and respectful. Sometimes, this is all it takes to get out of trouble completely. It’s called the “Attitude Test” and if your fail it, you’re going to regret it later.
4. I feel like I can pass these Field Sobriety Tests.
– Field Sobriety Tests are a rigged game. The officers show you a very specific task and ask you to perform it. They are testing your physical as well as mental faculties. That is the most important thing to remember, as it is one of the definitions of intoxicated. The officers have a specific set of clues they look for and you do not know what they are. The rules to these tests are Draconian, and they don’t tell you what they are.
5. What is the legal definition of Intoxicated?
– There are three definitions to intoxicated:
a. Having lost the normal use of mental faculties, or
b. Having lost the normal use of physical faculties, or
c. Having a Blood Alcohol Content (BAC) of .08 or higher.
It is very important to note the “or” behind each of these definitions, as any one is sufficient for you to be legally intoxicated.
6. Isn’t it unconstitutional to draw my blood? Isn’t it an unreasonable search and seizure pursuant to the 4th amendment?
– It is only unconstitutional to draw your blood if it is done without a warrant issued by a magistrate upon a showing of probable cause. Courts have routinely held that a blood draw is not an unreasonable search or seizure. The only exception is when your blood is drawn for medical purposes. When a doctor or a nurse draws your blood as part of medical treatment, they are not acting as an agent for the State, and the 4th amendment only protects you from State actions.
7. How can I keep my driver’s license from being suspended?
– Once you have been arrested for DWI, the State will suspend your driver’s license pending the outcome of your case. You have the right to appeal this suspension in what is called an Administrative License Revocation hearing. You have 15 days to formally request a hearing after your arrest. At the hearing, the State will attempt to show there was reasonable suspicion or probable cause to pull you over and arrest your for DWI. If they show this, or that you refused a breath test, they can suspend your license. When you are given a driver’s license by the State, one of the conditions is that you will provide a breath sample at the request of a law enforcement officer that has probable causes. AWV Law can represent you at this hearing and provide you with the best chance of not having your driver’s license suspended.
8. What is an occupational license?
– If your license has been suspended because you did not request an ALR hearing, or because you lost your ALR hearing, AWV Law can still provide you with an Occupational License. This is a temporary, restricted license that will allow you to drive for necessary functions. These include, work, medical, and necessary things such as groceries. It does not allow you to drive to something like a graduation, a wedding, or out to dinner. ALR hearings and Occupational Licenses are included in the retainer for AWV Law on all DWI cases, however you must still pay filing fees.
9. How can I get my DWI case dismissed?
– This is a topic Alex Vollmer will discuss in depth with you face to face. Tactics and strategy for a DWI case is highly technical and complicated.
10. Should I take a plea or demand a trial?
– This depends highly on the facts of your case, your needs, and many other factors. Again, this is something that should be discussed in a consultation.