Yes. Breathalyzer results are not infallible. Devices must be properly calibrated and maintained, and the test must be administered correctly. Certain medical conditions, diet, and mouth alcohol can cause false readings. We examine the full record of the device used in your case.

Refusal triggers an automatic driver’s license suspension and can be used against you at trial. However, a refusal also means less direct evidence for the state. We examine whether law enforcement followed proper procedures and whether any warrant was properly obtained for a blood draw.

The Administrative License Revocation (ALR) hearing is a civil proceeding — separate from your criminal case — where we fight to keep your driver’s license. You have only 15 days from your arrest to request this hearing. Missing it means automatic suspension. Winning it also gives us early discovery of the state’s evidence.

If your DWI case is dismissed or you are acquitted, you may be eligible for expunction. Texas law currently does not allow expunction of DWI convictions. This makes fighting the charge — not just accepting a plea — critically important from the start.

It depends on your employer and profession. Jobs requiring commercial drivers’ licenses, security clearances, or professional licenses are especially at risk. A criminal record can appear on background checks for years. Avoiding a conviction through aggressive defense protects your employment future.

Texas law limits deferred adjudication for DWI charges — it is not available in all circumstances. Attorney Cortez can evaluate your specific case to determine whether deferred adjudication is a viable and beneficial option, or whether fighting for an outright dismissal or acquittal is a better path.

If you requested an ALR hearing within 15 days of your arrest, your driving privileges are typically preserved until the hearing. If you need to drive for work and your license is suspended, we can petition for an Occupational (Essential Needs) Driver’s License so you can maintain your livelihood.

Attorney fees vary based on the complexity of the case and charges involved. What matters is weighing the cost of a conviction — fines, surcharges, job loss, higher insurance rates, and a permanent record — against the investment in your defense. We offer a free initial consultation to discuss your situation.

Yes. Under 21 U.S.C. § 846, the government only needs to prove that a criminal agreement existed and that you knowingly joined it. Unlike general conspiracy law, federal drug conspiracy does not require an “overt act” — meaning you can be convicted even if no drugs were ever found on you or seized by police. This is what makes conspiracy charges particularly dangerous and why challenging knowledge and intent is so critical.

The safety valve under 18 U.S.C. § 3553(f) allows a judge to sentence below the mandatory minimum for first-time, non-violent drug offenders who meet specific criteria — including having minimal criminal history, not using violence, not being a leader, and fully debriefing the government. Qualifying for safety valve can be the difference between a mandatory 10 years and a sentence of 4-5 years. Attorney Cortez evaluates safety valve eligibility in every case from the start.

A 5K1.1 motion is filed by the government when a defendant provides substantial assistance in the prosecution of others. If granted, it allows the judge to sentence below the mandatory minimum — sometimes dramatically so. Cooperation is a complex strategic decision that must be carefully evaluated with experienced counsel. Providing assistance that is later deemed insufficient, or that creates new legal exposure, can make your situation worse rather than better.

Drug quantity is the single most important factor driving federal drug sentences. It determines whether mandatory minimums apply, and at what level. In a conspiracy case, you can be held responsible for all drugs handled by every co-conspirator — even drugs you never touched. Challenging the quantity attributed to you at sentencing is one of the most impactful things your attorney can do to reduce your actual sentence.

No — under Riley v. California, police must obtain a warrant to search your cell phone incident to arrest. However, if you consent to the search, that consent waives your Fourth Amendment protection. Never consent to a phone search. Cell phone data — texts, GPS pin drops, WhatsApp messages — is often the most damaging evidence in federal drug cases and is used to prove knowledge, intent, and participation in a conspiracy.

Federal sentencing distinguishes between “meth-actual” (the pure drug itself) and “meth-mixture” (the total weight including cutting agents). The penalties for meth-actual are triggered at lower weights — 5 grams of pure meth triggers the same 5-year minimum as 50 grams of mixture. Lab analysis of purity is therefore critically important and can be challenged if the government’s testing methodology was flawed.

Yes, but it is not automatic. In federal court there is no bail bondsman — you must convince a judge at a detention hearing that you are not a flight risk and not a danger to the community. Drug trafficking charges create a presumption in favor of detention that your attorney must overcome. Having experienced counsel at your detention hearing — ideally your first appearance — significantly improves your chances of pretrial release.

This is one of the most common situations in San Antonio drug cases involving I-35, I-10, and Hwy 90 traffic stops. The government must prove you had both knowledge of the drugs and control over them. When drugs are hidden in secret compartments — false fuel tanks, hidden panels, spare tires — the Fifth Circuit requires additional evidence beyond your mere presence in the vehicle to establish knowing possession. We fight hard for drivers who genuinely did not know about concealed drugs.