DWI Defense

Being charged with a DWI for the first time can be overwhelming. Many clients assume that pleading guilty is the only option—but that’s far from the truth. Texas law provides numerous defenses depending on how the stop, arrest, or testing was conducted. For repeat offenders, the stakes are even higher, with mandatory jail time and license suspensions.

Attorney Manuel De Santiago has successfully defended clients in both first-time and repeat DWI cases by challenging probable cause, arrest procedures, and chemical test reliability. In one recent case in Montgomery County, a client’s second DWI was dismissed after cross-examination revealed improper calibration of the breathalyzer device, violating Texas Department of Public Safety standards.

Case Example: State v. Null, 986 S.W.2d 714 (Tex. App.—Waco 1999) reinforced that breath test evidence can be excluded if the State fails to prove compliance with testing standards. These are the kinds of technical defenses that can make or break your case.

Driving under the influence with a child under 15 in the car is charged as a state jail felony in Texas. These cases require immediate and experienced intervention because they often trigger Child Protective Services investigations in addition to criminal prosecution.

Manuel understands that one mistake shouldn’t define your life or your family. Our firm has worked to get clients into diversion programs and negotiated dismissals when evidence of intoxication was weak or field tests were improperly administered.

Case Law: Ex parte Perry, 483 S.W.3d 884 (Tex. Crim. App. 2016) clarified how enhancements are applied in child-passenger DWIs—details that can be leveraged to build a strong defense.

When a DWI accident results in injury or death, the charge escalates to Intoxication Assault (Third-Degree Felony) or Intoxication Manslaughter (Second-Degree Felony). These cases demand careful analysis of accident reconstruction, toxicology, and officer reports.

Our team works with expert witnesses to challenge blood draw validity, causation, and whether intoxication was truly the cause of the crash. In one memorable case, we defended a client accused of intoxication assault after a highway collision in Conroe. Our investigation proved that road debris—not intoxication—caused the crash, and the jury returned a not guilty verdict.

After a DWI arrest, you have only 15 days to request an Administrative License Revocation (ALR) hearing to contest the suspension of your driver’s license. This hearing is separate from your criminal case but equally critical.

Manuel De Santiago routinely represents clients at ALR hearings, challenging the arresting officer’s justification for the stop and the accuracy of chemical testing. Many of our clients have kept their licenses while their criminal cases were pending because of a successful ALR defense.

Not all tests are accurate—and not all stops are legal. Field sobriety tests are subjective and prone to officer interpretation errors, while breath and blood tests can produce false positives due to improper calibration or contamination.

In State v. Esparza, 413 S.W.3d 81 (Tex. Crim. App. 2013), the court emphasized the need for strict compliance with evidence handling in DWI cases. Our firm uses these standards to expose testing errors, faulty chain of custody, or constitutional violations that can lead to dismissal.

Driving while impaired by prescription medication or controlled substances can result in DWI charges—even without alcohol involvement. These cases often hinge on blood tests and expert testimony.

Our defense strategy focuses on questioning whether the alleged impairment was due to the drug’s effect or simply its presence in your system. In one client’s case, a prescription sleep aid led to a DWI arrest, but through expert testimony, we demonstrated that the dosage was medically appropriate and did not impair driving. The case was dismissed before trial.

Certain factors can increase the severity of DWI charges—such as prior convictions, open containers, or causing injury. These enhancements require a detailed understanding of both Texas Penal Code §49 and procedural rules governing prior offenses.

We meticulously review every prior conviction and enhancement notice to ensure the prosecution has followed proper procedures. Even minor errors in enhancement documentation can result in charges being reduced or dismissed.