Federal DWI in San Antonio

At the station the MPs attempt to obtain a statement (you may remain silent); search for contraband and request a breath specimen. Just as in Texas, a federal arrestee may refuse a breath test, and it’s okay to do that. Unlike the State, however, in most instances, the military police will not obtain a blood test warrant. (If it is a felony DWI or if there was a death or injury accident, the police may obtain a warrant for blood.) For the military police, the current practice for simple DWI is not to seek a warrant for blood. After an hour or two, the arrested person is released to find his way home with a notice that he will be hearing from the court at some time in the future. Most often the whole procedure all sounds very informal and innocuous.

However, three or four months later the person will get a very formal letter from the Federal Pre-Trial Services Department to meet them at a specific time and place in the federal building. They are very nosey during these interviews. There will also be an imposing letter with an order to appear before the federal magistrate on the fourth floor of the United States District Courthouse.

This hearing is for arraignment, and you will need a federally licensed lawyer. At that hearing you will be advised of your rights under the federal laws and you will be entering a plea of not guilty. You will be (formally) arrested, but the court will order your release on a personal recognizance bond. You don’t pay anything for it, but if you violate it the charge is $10,000. You will be accompanied by the U.S. Marshall’s Service to the second floor holding cell where you will be booked, and you will sign your bond and promise to appear. Then you will be released in about an hour or less. This is a “petty offense,” but when you are there it doesn’t seem petty at all.

The military and federal jurisdiction extends only to the boundary of the base or other property on which the arrest was made. Therefore, the Department of Public Safety has no jurisdiction to suspend your license for the federal refusal. Ordinarily, the DPS will not get involved concerning the license even in the event of a conviction because it is outside their jurisdiction. Additionally, the federal judges cannot suspend a license; order the person not to drive; or to drive only with an alcohol-monitoring device in the car because the judges do not have jurisdiction over the State streets. However, the judges will enter an order forbidding the person to drive on the federal reservation for one year.

Defenses Against Federal DWI Charges

Defending against federal DWI charges demands a comprehensive and tailored approach. We will evaluate every detail of your case to determine the most effective strategies, like:

• Procedural Errors: Federal agencies must follow strict protocols when making DWI arrests. Procedural mistakes, like mishandling evidence or failing to administer tests properly, can create grounds for dismissal.
• Witness Testimony: Cross-examining witnesses, which includes law enforcement officers, can uncover inconsistencies or biases in their accounts, undermining the credibility of the prosecution’s case.
• Alternative Explanations: Presenting alternative explanations for BAC levels or observed behavior can create reasonable doubt, which is critical in criminal cases.
• Negotiating Reduced Charges: In some cases, negotiating with federal prosecutors can lead to reduced charges or penalties, sparing you from the full impact of a federal DWI conviction.