Demystifying the Kendall County DWI Policy

Kendall County, nestled in the heart of the Texas Hill Country, is renowned for its natural beauty and tight-knit community. But, like every locality, it faces the challenge of dealing with Driving While Intoxicated (DWI) offenses. If you’re grappling with DWI charges in Kendall County, it’s essential to understand the local Kendall County DWI policies and procedures that come into play. In this comprehensive blog post, we’ll delve into how Kendall County handles DWI offenses and why securing the services of a seasoned attorney like Matthew Gilbert can significantly impact your case.

Understanding the Kendall County DWI Policy:

1. Can a DWI be Dismissed in Boerne? DWI charges in Boerne can potentially be dismissed by challenging the State’s evidence. DWI arrests are warrantless, and officers must establish reasonable suspicion and probable cause in every case. Challenging the evidence is a crucial step in defending against DWI charges.
2. Texas DWI Penalties: Texas DWI penalties are notably severe. First-time offenders without a criminal history face the risk of up to 1 year in jail, a hefty fine, court costs, a Texas Driver’s License suspension, and a permanent criminal conviction. Aggravating factors, such as a high Blood Alcohol Concentration (BAC), can lead to increased fines and periods of incarceration.
3. What Happens When You Get a DWI in Boerne? After a DWI arrest in Kendall County, individuals are taken to the Kendall County Jail in Boerne for processing and a court appearance before a magistrate judge. The magistrate judge will determine the bond amount and other release conditions. However, the process can be slow and frustrating, often taking 8-10 months from jail release for a DWI case to be resolved.
4. Expectations After a First-Time DWI Arrest in Kendall County: First-time DWI arrests come with immediate consequences, including a 15-day window to contest the automatic driver’s license suspension. Missing this contest can have significant ramifications, making it imperative not to overlook this critical step.
5. Court Dates and DWI in Texas: The first court date typically occurs 30 days after arrest. While this setting won’t provide a resolution, missing this court date can lead to additional criminal charges. It’s crucial to secure legal counsel ahead of these early dates and deadlines.
6. Drinking on DWI Bond in Kendall County: Drinking while on bond for a DWI is prohibited by Kendall County judges, even for defendants over 21 years old. This pretrial condition can be monitored through drug testing during the case’s pendency.
7. How Long Does a DWI Case Take in Boerne? On average, DWI cases in Boerne take 8-10 months before a resolution is reached, and there is no specific time limit imposed by law for how soon a case must be resolved.
8. How to Get Your License Back After a DWI in Boerne: Driving privileges are subject to suspension after a DWI charge, and a replacement driver’s license can be requested from the Texas Department of Public Safety. However, obtaining a replacement license does not prevent the forthcoming suspension, nor does it serve as a request for an administrative hearing.
9. Losing Your License for a First DWI in Kendall County: Driving privileges are suspended after a DWI arrest in Boerne, with the suspension initiated by the Texas Department of Public Safety.
10. Duration of License Suspension for a DWI in Boerne: Driving privileges are typically suspended for 90 to 180 days after a DWI arrest. Commercially licensed drivers may face significantly longer periods of suspension. During this period, an Occupational License may be the only legal way to drive in Texas.

Likelihood of Jail Time for First Boerne DWI:

Jail time is a very real possibility for first-time DWI offenders in Kendall County. The length of incarceration depends on a person’s Blood Alcohol Concentration (BAC) and can range from a maximum of 6 to 12 months.

Penalties for First-Time DWI in Kendall County:

A first-time DWI charge in Boerne is classified as a Class B misdemeanor, carrying a maximum fine of $3,000 and a maximum jail sentence of 6 months. A conviction results in a permanent criminal record and driver’s license suspension. DWI charges can be enhanced by certain factors, leading to harsher penalties.

Probation or Jail Time for First DWI:

Punishment for a first DWI can involve either probation or jail time, with no minimum probation period and a maximum probation period of 24 months. There is no minimum jail time, and the maximum is 12 months. The representation you choose significantly impacts the outcome, potentially determining whether you face a dismissal, probation, or jail time.

Is a DWI a Felony in Boerne?

While a first-time DWI charge in Kendall County is a Class B misdemeanor, aggravating factors such as serious bodily injury or the presence of a child passenger under 15 years old can elevate the charges to a felony.

Penalties for DWI in Boerne:

Aside from a permanent criminal conviction and jail time, DWI can negatively affect the right to carry a concealed handgun, travel outside Kendall County, and driving privileges, especially for commercial drivers, can be severely impacted by DWI charges.

Penalties for a Kendall County Misdemeanor DWI:

All first-time DWI charges in Boerne are Class B misdemeanors, though enhancements can lead to more severe penalties. First-time DWI offenders face jail time, permanent criminal convictions, substantial fines, and driver’s license suspension.

Penalties for Class B DWI Charge in Boerne:

DWI with a BAC below 0.15 is a Class B misdemeanor, with a maximum fine of $3,000 and a maximum jail sentence of 6 months, resulting in a permanent criminal record and driver’s license suspension.

Penalties for Class A DWI Charge in Boerne:

For DWI with a BAC of 0.15 or higher, the charge is elevated to a Class A misdemeanor, carrying a maximum fine of $6,000 and a maximum jail sentence of 12 months, along with a permanent criminal record and driver’s license suspension.

Conclusion:

Kendall County takes DWI offenses seriously, and the legal consequences can be severe. If you’re facing DWI charges in Boerne, it’s imperative to seek experienced legal representation to protect your rights and secure the best possible outcome. Matthew Gilbert of The Gilbert Law Office, with his extensive experience in defending DWI cases in Boerne and Kendall County, is your go-to attorney for DWI defense. Contact us today to navigate the complex landscape of DWI policies and procedures in Kendall County, ensuring your rights are preserved with the dedication and expertise they deserve.