Avoid DWI during Fiesta


What should you do if you are pulled over with a DWI during Fiesta?

It’s not illegal to drink and drive. It’s illegal to drink, get intoxicated, and then drive. It’s nearly impossible to celebrate Fiesta and avoid alcohol altogether. If you find yourself behind the wheel after a long night out, follow these steps if you encounter law enforcement:

10 Steps to Follow if Pulled over for DWI in San Antonio:

  1. Pull over as quickly and safely as possible. Initiating an O.J. Simpson-style police chase is not the move you want to make. They eventually caught him, and they’ll catch you too. If you pull into a striped parking lot, park neatly in a striped space.
  2. Get ready for the interview of your lifetime. Your conversation with the officer is going to be recorded. Everything you say and do will be used against you.
  3. All traffic stops will start the same way. Unless you were shooting fireworks out of your windows or flying a 12-foot Spurs flag out of your sunroof, the officer is going to calmly approach you, and ask for your license and proof of insurance.
  4. Be ready to hand them over without fumbling around or forgetting one of the two.
  5. The officer is going to ask you questions. Don’t answer them. Invoke your constitutional right to silence and counsel. Don’t answer questions about whether you’ve been drinking or not. Don’t answer questions about where you are going to or coming from. Respectfully state that you would like counsel present before answering any questions.
  6. The officer will not like your silence. Keep in mind your goal here is not necessarily to avoid arrest. Your goal is to avoid conviction. It will definitely suck to get handcuffed and arrested. But, if you are pulled over during Fiesta and the officer has any suspicion at all that you’ve been drinking, you are very likely going to be arrested anyway. So, don’t give the Government more evidence by singing and dancing.
  7. After your initial refusal to answer, the officer will continue to press you. Politely ask if you are free to go or if you are being detained.
  8. The officer is very likely going to ask you to step out of the car. You don’t have a choice here. Get out. Do it gracefully though, you’re on candid camera. You will be asked to perform some tests so the officer can make sure you are ok to drive. Refuse, refuse, refuse! You aren’t going to win playing a game of grownup Simon Says on the side of the road. You’ll look bad, and the Government will use this as part of their case to convict you later.
  9. You might be asked to blow into a portable breath test device. Don’t do it. You will be asked to give a specimen of your breath at the Magistrate’s Office. Don’t do it. After that, you’ll be asked to give a specimen of your blood. Don’t do it. Force the officer to get a search warrant to draw your blood.
  10. From start to finish, be polite. No one has ever beaten a DWI in Bexar County by talking tough to a cop. From the second you see the blue lights your goal is to give the Government absolutely zero evidence to convict you. You can’t prevent the officer saying you smelled like booze and had bloodshot eyes. You can’t prevent the Government from eventually getting your blood. Everything else is in your control. So, play it smart.

San Antonio DWI Attorney

Criminal defense is not a DIY endeavor. Don’t endanger your permanent record by trying to get through this process on your own. If you’re facing a DWI charge, it is imperative that you retain an attorney that has the experience to successfully navigate the process on your behalf.

It can mean the difference between a temporary inconvenience and a permanent criminal record.

As one of San Antonio’s Top Criminal Defense Lawyers, a large part of my practice is focused on defending people charged with intoxication offenses. If you’ve been arrested for DWI in San Antonio or one of the surrounding counties, don’t plead guilty, pick up the phone and call me today at 210-920-1281.

Resources & information

Frequently asked questions

Glowing Client Reviews

Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!


I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.


Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.

I really appreciated all he did for me.


Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.

He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!


Trey Porter fought for me! I am a nurse and thought my career was over.

Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.

He saved my career. Forever grateful!


Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.

He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.


Read More Reviews

San Antonio DUI Lawyer

Successful Cases



Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

Contact Trey Porter Today

Request a free consultation

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

Google Rating Avvo Rating