In a high-profile DWI case that caught the attention of the San Antonio press, District 10 Councilman Marc Whyte made his first appearance in Bexar County Court 11 on May 14, 2024. This hearing, before Judge Erica Peña, marked the beginning of what promises to be a closely watched legal process.
Whyte was arrested on suspicion of driving while intoxicated (DWI) back on December 29 of 2023.
He has yet to be formally charged.
The proceedings continue to be delayed.
The prosecution, led by Assistant District Attorney Luis Echeverria, claims they’re gathering additional evidence, including crucial body-camera footage and forensic test results.
Key Details of the Case
On the night of the incident, Officer Devin McCroy stopped Whyte in a parking lot off Northeast Loop 410. The situation escalated when a second officer arrived to assist. The body-camera footage from this officer was only recently obtained by the prosecution.
Additionally, forensic scientist Karen Ream of the Department of Public Safety (DPS) tested Whyte’s blood. The tests showed a blood alcohol concentration (BAC) of 0.089 grams per 100 milliliters—just above the legal limit of 0.08.
Legal Ramifications
The Texas Penal Code defines DWI as operating a motor vehicle with a BAC of 0.08 or higher. The offense is classified as a Class B misdemeanor. If convicted, it carries potential penalties of up to 180 days in jail and fines of up to $2,000. You’ll also be subject to potential driver’s license suspension.
For Councilman Whyte, whose case has seen multiple delays, probably has nothing to worry about. Anyone else would’ve caught DWI charges at the time of arrest.
The defense attorney, David Christian, says he, too, is awaiting key evidence to build their case.
Defending Against DWI Charges
Defending against a DWI charge in Texas involves reviewing all evidence. Evidence can range from footage of the initial traffic stop to the administration of breath or blood tests. Common defenses include questioning the accuracy of BAC testing methods, the legality of the traffic stop, and the handling of evidence.
In Whyte’s case, the delay in obtaining the second officer’s body-camera footage and, more importantly, the forensic analysis of his blood sample could influence the outcome.
Long-Term Consequences of a DWI Conviction
A DWI conviction can have negative implications that go beyond legal penalties. It can impact your professional life & personal relationships.
Whyte’s case illustrates the potential professional fallout from such charges.
Mayor Ron Nirenberg’s decision to bar Whyte from serving on City Council committees for three months underscores the broader implications of a DWI charge.
Steps to Take if Charged with DWI
- Stay Calm. Cooperate: During the traffic stop, remain calm and cooperate with the officer. Refusing a breathalyzer test can result in immediate license suspension under Texas’ implied consent law.
- Document Everything: Take note of the officer’s behavior, the conditions of the stop, and any statements made. If you can, put your phone in record mode. The information gathered can be extremely helpful for your defense.
- Seek Legal Counsel Immediately: Contact our qualified DWI attorneys as soon as possible. The sooner you have legal representation, the better your chances of a favorable outcome.
The Importance of Immediate Legal Representation
If you’re charged with DWI in Texas, lawyer up as soon as you can. A knowledgeable DWI attorney can help you best manage your situation with precision. Here at Tad Nelson & Associates, we’re well-versed in the best DWI defense strategies and how to make them work.
Our law firm provides comprehensive legal services tailored to your specific needs. We conduct thorough investigations, find creative ways to challenge evidence, and work tirelessly to win.
Winning means getting your case dismissed or securing a Not Guilty verdict at trial.
Whether you’re facing a first-time DWI charge or multiple offenses, we’re here to help.
Need A Skilled Defense Attorney?
Call Houston DWI Lawyer Tad A. Nelson Today!
If you or a loved one is facing criminal charges, don’t wait. Contact Tad Nelson & Associates today for a consultation. Let our experienced team fight for your rights and work towards the best possible outcome for your case.
We offer 100% free consultations and affordable payment plans on legal fees. To get started, contact us at 281-502-2122.
