San Antonio DUI Lawyer

Drunk driving defense is a very specialized area that requires an expert, not just a general criminal practioner. The Law Office of Kevin L. Collins features the services of DUI attorneys Kevin L. Collins and Stephanie H. Wilke. Mr. Collins, a San Antonio DUI lawyer, is Board Certified in Criminal Law and has handled hundreds of DWI cases in Texas, including many successful jury trials.

Driving Under the Influence in Texas, or DUI, is a Class C misdemeanor. The Texas Penal Code reads that "A minor commits an offense if the minor operates a motor vehicle in a public place while any detectable amount of alcohol in the minor's system".

Jury trials are guaranteed by the Texas Constitution in Texas DUI trials. DUI convictions are obtainable only if the prosecution can convince all jurors that the Defendant is guilty of driving under the influence beyond a reasonable doubt.

DUI Definitions

The elements that must be proven are the following:

The Minor, on or about a particular date, was:

1. Operating a Motor Vehicle
2. In a public place (street, highway, parking lot, beach, etc.)
3. While having a detectable amount of alcohol in the minor's system
4. In a particular county

Types of DWI/DUI Cases

As an expert DWI defense attorney, Kevin Collins has had success with such case types as:

• Intoxicated Manslaughter
• Intoxicated Assault
• Texas Open Container Violations
• Teenage Drunk Driving
• Ignition Interlock Violations

Punishment Classification and Ranges

Persons convicted of a DUI first offense are granted probation. The general length of DUI probation is one year. They are many conditions of DUI probation including Drug/Alcohol Evaluations, Alcohol Education Course, and attendance at a MADD victim impact panel. Additional conditions of probation may be ordered if the case presents unusual facts such as an accident or a bad driving record.

Texas DUI and Administrative License Suspension

A DUI arrest in Texas creates two cases- the criminal charge and also a civil proceeding against the motorist's driving privileges. This is called an Administrative License Revocation (ALR).

An ALR proceeding is initiated against a driver arrested for DWI or DUI when he or she refuses to submit to blood or breathalyzer testing, or fails a blood or breathalyzer test.

These proceedings are automatic, and will result in a period of license suspension on the 41st day after the arrest unless a hearing is requested within 15 days of the arrest!! Failure to make a timely request will result in a suspension of at least 90 days, and often longer, based on past alcohol and/or drug contacts against the accused driver, and whether the suspension is based on a refusal or a failure.

Mr. Collins, a San Antonio DUI lawyer, requests these hearings for his DWI and DUI clients, and often times can prevail and prevent license suspension. The ALR hearing is also an excellent way to obtain discovery, including police reports and cross-examination of the arresting officer. These evidentiary findings can later play a significant role in defending the criminal DUI case.

Contact Kevin Collins when you need a San Antonio DUI attorney.