New Braunfels DWI Lawyer
A DWI arrest in New Braunfels can feel like your life changed in a single night. One traffic stop on IH-35, one roadside test, and suddenly you are worried about jail, your license, your job, and what your family will think. Take a breath. An arrest is not a conviction, and you have more options than you think you do right now.
At Soyars & Morgan Law, we defend people charged with driving while intoxicated throughout Comal County and Central Texas. We know these courts, we know how the State builds a DWI case, and we know where those cases fall apart. If you have been arrested, the most important thing you can do today is understand what you are facing and get experienced counsel in your corner before the clock runs out on your license.
The 15-Day Clock on Your License
Here is the part most people do not realize until it is too late. A DWI arrest in Texas starts two separate cases, not one.
The first is the criminal case, where the State tries to prove you were driving while intoxicated. The second is a civil case over your driver’s license, called Administrative License Revocation, or ALR. This second case moves fast and runs on its own timeline.
You have only 15 days from the date of your arrest to request an ALR hearing and fight the suspension of your license. Miss that window, and the suspension takes effect automatically, no matter what happens later in your criminal case. If you failed a breath or blood test, a first offense generally means a 90-day suspension. If you refused testing, it is typically 180 days.
That 15-day deadline is exactly why you should not wait to call a lawyer. Requesting the ALR hearing does more than protect your ability to drive. It also gives us an early, sworn opportunity to question the officer about the stop and the arrest, and what we learn there often helps the criminal case too.
DWI Penalties in Texas
Texas treats DWI (which is not the same charge as a DUI) seriously, and the penalties climb quickly with prior offenses and aggravating factors. The ranges below reflect current Texas law. Your actual exposure depends on the specific facts of your case, which is why an early case review matters so much.
First Offense (Class B misdemeanor)
- Up to a $2,000 fine
- 72 hours to 180 days in county jail
- Driver’s license suspension of 90 days up to one year
- Possible probation, community service, DWI education, and an ignition interlock device
A note on first offenses: if your blood alcohol concentration was 0.15 or higher, the charge is elevated to a Class A misdemeanor, with higher fines and longer potential jail time. If there was an open container in the vehicle, the law requires a minimum jail term.
Second Offense (Class A misdemeanor)
- Up to a $4,000 fine
- 30 days to one year in county jail
- Longer license suspension and a likely ignition interlock requirement
Third Offense (third-degree felony)
- Up to a $10,000 fine
- 2 to 10 years in prison
- A permanent felony record affecting firearm rights, voting, and employment
When a DWI Becomes a Felony Certain facts elevate even a first arrest to a felony, including:
- A child under 15 in the vehicle
- Causing serious bodily injury (intoxication assault, a third-degree felony)
- Causing a death (intoxication manslaughter, a second-degree felony)
If you are facing any version of these charges, do not try to navigate it alone. The difference between a misdemeanor and a felony is the difference between a setback and a life-altering record.
DWI in Comal County — What Local Defense Looks Like
Where your case is heard matters. Your DWI is filed in the county where the arrest happened, and you cannot move it somewhere else because you would prefer different courts. That is one reason local experience is worth so much.
In Comal County, misdemeanor DWI cases (first and second offense) are handled in the Comal County Courts at Law, while felony DWI cases go to the District Courts. Both sit at the Comal County Courthouse in downtown New Braunfels, and the Comal County Criminal District Attorney’s Office prosecutes them. (If it helps, here is some practical Comal County court information.)
Comal County has been one of the fastest-growing areas in the country, and its enforcement posture reflects that, especially along the IH-35 corridor running through New Braunfels. Knowing how the local prosecutors approach DWI cases, how the judges handle pretrial motions and bond conditions, and where the local agencies’ testing procedures tend to be vulnerable is the kind of practical knowledge that shapes outcomes. We bring that local familiarity to every Comal County case we take.
How We Defend DWI Cases
A DWI charge is not the end of the story, and it is far from unbeatable. The State has to prove its case, and there are many ways to challenge a DWI along the way.
We look hard at:
- The stop. Did the officer have a lawful reason to pull you over in the first place?
- The investigation. Were the field sobriety tests administered correctly, or were they set up for you to fail?
- The testing. Breath and blood testing is one of the most common weak points in DWI cases, from how a sample was collected to how it was stored and analyzed.
- Your rights. Were they respected at every stage of the arrest?
When the State’s evidence has problems, we use them, whether that means fighting for a dismissal, negotiating from a position of strength, or taking your case to trial. We do not treat clients like case numbers, and we do not push people into quick pleas just to clear a file.
Why Soyars & Morgan Law
- Decades of combined trial experience in Central Texas criminal defense
- Deep familiarity with Comal, Bexar, Guadalupe, Hays, and Kendall county courts
- A team that treats you like a person, not a problem. We do not judge. We defend.
You can meet our attorneys here.
FAQ
Will I lose my license after a DWI arrest in New Braunfels? Not automatically, but you have to act. You have 15 days from your arrest to request an ALR hearing and contest the suspension. If you miss that deadline, the suspension takes effect on its own. Even if your license is suspended, you may be able to get an occupational license to keep driving for work and essential needs.
Is jail time mandatory for a first DWI in Texas? For a first DWI offense, jail is possible but not required, and many first-time cases are resolved with probation rather than incarceration. Certain facts, like an open container or a high BAC, change that, which is why an individual case review matters.
Can a DWI charge be dismissed? Yes, it happens. If the stop was unlawful, your rights were violated, or the State’s testing evidence is unreliable, the case can be reduced or dismissed. No lawyer can promise a result, but a strong defense built early gives you the best chance at one.
Do I really need a lawyer for a first offense? A first DWI is still a criminal charge that can stay on your record and show up on background checks for years. An experienced DWI attorney can protect your license, challenge the evidence, and work to keep this one night from defining your future.
Charged with a DWI in New Braunfels? Let’s Talk Today.
The 15-day clock on your license is already running, and the sooner we get involved, the more we can do to protect you. Your first consultation is confidential and there is no pressure, just a clear, honest look at where you stand and what comes next.
Call Soyars & Morgan Law at (210) 964-5324, request a free case evaluation, or contact us online to schedule your consultation.