The San Marcos, TX DWI / DUI Lawyer that Cares

Michael & Associates will accept felony and misdemeanor criminal cases of all types. We work on cases that include, but aren’t limited to, the following:

DUI / DWI
Possession of a Controlled Substance
Assault & Battery
Family Violence
Domestic Abuse

We don’t practice:

Traffic Law
Family Law
Immigration Law
Civil Law

Our firm is licensed to practice law in every county in Texas. We are accepting new clients across the state, in all major metropolitan areas, including Hays County and the entire Interstate 35 corridor between Austin and San Antonio. 

Just as in any other Texas city, when you are stopped in San Marcos (or anywhere else in Hays County), anyone operating a motor vehicle with a blood alcohol concentration of 0.08% or higher can be charged with DWI. Your BAC is the number that represents the saturation level of alcohol in your system.

Exactly how many drinks it takes to reach or exceed 0.08% varies from person to person. Your height, weight, and sex are all contributors. It mainly relies on how long it has been since you took a sip of alcohol. 

In San Marcos, it all comes down to whether or not you have any prior convictions.

First offense

• A fine as high as $2,000
• Up to 6 months in jail, with 3 days mandatory
• Losing your license for a year

Second offense

• A fine as high as $4,000
• From 30 to 365 days in jail
• Losing your license for as many as two years

Third offense

• $10,000 fine
• 2 to 10 years in prison
• Losing your license for as many as two years

Additional penalties that might apply for having an underage passenger in the motor vehicle:

• Increased fines up to $10,000
• Up to two years in jail
• Six additional months of driver’s license suspension

The first thing you should keep in mind is that failure to stop for an officer will send you directly to prison. Do not run from the police. You will make things much worse for yourself, and you will not outrun them. 

When the officer approaches the vehicle, make sure both of your hands are visible. The officer will ask for your paperwork and license. When you go to retrieve them, ask first and let the officer know where you are reaching. Always be as polite as possible.

The officer might also ask you if you know the reason they initiated the traffic stop. You should politely tell them you don’t know why you were stopped. They are looking to establish a reason for the stop, and use that probable cause in court. Don’t remove that line of defense from your lawyer’s arsenal. 

Keep in mind that you are on bodycam, so always be as respectful as possible. However, you have the right to refuse to take breathalyzer and field sobriety tests. You will lose your license for a year if you refuse to take a breathalyzer, but if convicted of DWI you would lose the license anyway. Your lawyer can help you fight for a good outcome in either case. 

If the officer who initiated the stop thinks they notice any slurred speech, alcohol on your breath, or bloodshot eyes, you might be detained for suspicion of DWI. Once arrested, police will ask you to submit to a breathalyzer or blood test. Refusal means suspension of your license. 

Officers can (and will) get a warrant to draw blood and force you to submit to the test, but obtaining the warrant will take some time. Once they’ve gotten the warrant, it’s in your best interest to let them draw the blood. Otherwise, they will do it by force, and it will not be pleasant.

Never answer questions without a lawyer present, and ask to have a conversation with your lawyer as soon as possible.