First-Offense DWI Charges

Driving while intoxicated (DWI) is defined as when a person is intoxicated while operating a motor vehicle in a public place. In many situations, the State’s case is won or lost in showing that you were intoxicated at the time you were behind the wheel.

The most common way for the prosecution to prove that you were impaired is by providing the results of a blood, breath, or urine test. If your blood alcohol concentration (BAC) was .08 or more while you were driving, that can be considered evidence of impairment.

There are other ways to show intoxication even when BAC results are unavailable. The prosecution could provide evidence that you lacked normal use of your mental or physical faculties due to the use of alcohol or another controlled substance. However, it is a subjective standard, which gives you room to raise reasonable doubt at trial.

Intoxication Defined

Texas law defines intoxication as either a BAC level of .08 or higher or loss of control of the normal use of your mental or physical faculties due to the introduction of alcohol or other dangerous drug. A BAC level of .08 or higher is per se (direct) evidence of intoxication. This means that even if you feel completely fine behind the wheel and do not exhibit any classic signs of intoxication (such as slurred speech or loss of balance) you can still be convicted of driving while intoxicated if the state can prove your BAC was .08 or higher at the time of operating the vehicle. This can be shown either through a breath or blood test.

Besides a high BAC level, the State can convict you for DWI if they can provide enough evidence that you lost control of your mental or physical faculties due to the introduction of alcohol or other dangerous drug. Unlike the BAC level, this is typically proven through circumstantial evidence. Evidence of loss of control of metal or physical faculties can include:

• Poor judgment when driving (such as swerving between lanes of traffic or driving significantly under the speed limit)
• Slurred speech
• Bloodshot and glossy eyes
• Poor performance of the Standard Field Sobriety Tests (SFSTs)
• Odor of an alcoholic beverage
• Admission to drinking
• Loss of balance
• Stumbling when reaching for driver’s license or insurance
• Inability to follow directions

It is important to note that no one factor is enough for the State to convict you. The State will need to provide enough direct or circumstantial evidence to prove you were driving while intoxicated beyond a reasonable doubt.

DWI is a Strict-Liability Crime

Unlike most criminal offenses, the State is not required to prove you had any culpable mental state to convict you of DWI. This means that even if you were unaware you were intoxicated, or you in good faith believed you were okay to drive and had no intention to drive while intoxicated, you can still be found guilty.

Penalties for a First-Offense DWI in Texas

Chapter 49 of the Texas Penal Code outlines the baseline penalty for a first-offense DWI conviction is a Class B misdemeanor. There are different penalties depending on whether this is your first, second, or third+ offense. There are also separate penalties for DWI charges with a child in the car.

First-offense DWI is a class B misdemeanor, which means if you are found guilty, you could face a fine of up to $2,000 and a maximum jail term of 180 days. However, other circumstances could increase these penalties. These circumstances include:

• BAC of .15 or higher: is a class A misdemeanor with a punishment range of up to a year in jail and a fine of up to $4,000
• DWI with a passenger under 15 years of age: is a state-jail felony with a punishment range of up to 180 days to two years in jail and a fine of $10,000 or less.
• Intoxication assault: is a third-degree felony which carries a punishment range of two and ten years in prison and a fine of up to $10,000
• Intoxication manslaughter: is a second-degree felony which carries a punishment range of two and 20 years in prison and a fine of up to $10,000.

Can a First Time DWI Offense Be Dismissed or Reduced?

Yes, first-time DWI charges in Texas may be dismissed by challenging the State’s evidence. Prosecutors must prove every element of the DWI charges beyond a reasonable doubt, so questioning the legality of the traffic stop, the interpretation of field sobriety tests, and the accuracy of breath and blood tests are possible defenses for achieving a dismissal. Additionally, it is possible to reduce a Class A misdemeanor DWI to a Class B misdemeanor.

Talk to a Lawyer About Your First DWI Charge

It is important to remember that the consequences of a first-time only become a reality if you are convicted. You have the opportunity to fight these charges, and our firm has helped countless people avoid a conviction for DWI over the years. We know firsthand what strategies work, and we will use the facts of your case to determine the best approach for you. Contact us as soon as possible to learn more about how we can help you avoid a conviction.