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San Marcos DWI Lawyer

Last updated on November 9, 2026

San Marcos is a college town, a river town and a stop along one of the busiest stretches of I-35 in Texas. Between Texas State University, summer river traffic and weekend nights downtown, DWI arrests here are common, and many of the people arrested have never been in trouble before.

The Law Office of Florencia Rueda defends people arrested for DWI in San Marcos, Kyle, Buda, Wimberley, Dripping Springs and across Hays County. Attorney Florencia Rueda knows how much a single arrest can threaten a student’s education or a working parent’s job, and she works to protect both your license and your future.

How a San Marcos DWI Case Moves Through Hays County

Arrests in San Marcos may be made by the San Marcos Police Department, Texas State University Police, the Hays County Sheriff’s Office or DPS troopers on I-35, SH-80 and SH-123. After booking at the Hays County Jail and a bond hearing before a magistrate, your case is prosecuted by the Hays County Criminal District Attorney’s Office and heard in the Hays County courts in San Marcos.

At the same time, a separate license suspension process begins. You have 15 days from receiving notice of suspension to request an ALR hearing to fight it.

DWI and Texas State Students

For students, a DWI can bring consequences beyond court:

University discipline under the student code of conduct
Loss of scholarships or eligibility for some financial aid
Problems with study abroad, internships and professional programs such as nursing, teaching and criminal justice
Questions on future job, graduate school and licensing applications

The goal in many student cases is to avoid a conviction entirely through dismissal, reduction or deferred adjudication, and to protect the record so it can later be sealed.

Texas DWI Penalties

Offense	Level	Jail or prison range
First DWI	Class B misdemeanor	72 hours to 180 days
First DWI, BAC 0.15 or higher	Class A misdemeanor	Up to 1 year
Second DWI	Class A misdemeanor	30 days to 1 year
Third DWI	Third-degree felony	2 to 10 years
DWI with a child passenger under 15	State jail felony	180 days to 2 years

Drivers under 21 can also be charged with DUI by a minor for any detectable amount of alcohol.

Building Your Defense

We examine the reason for the stop, how field sobriety tests were given (on a dark roadside or uneven shoulder, results are often unreliable), whether breath or blood testing followed the rules and what the video shows. Weaknesses at any step can lead to a reduced charge or dismissal.

Frequently Asked Questions

I was arrested in San Marcos but live in Austin. Do I have to go to court in Hays County? Yes, your case will be in Hays County. In many settings, your attorney can appear for you, which can reduce the number of trips you make.

Will my parents find out? Arrest records and court filings are generally public, but your conversations with your attorney are confidential. We can talk through your concerns during a free consultation.