What You Need to Know About First Offense DWI in Texas
Getting arrested for driving while intoxicated can be overwhelming for anyone, all the more so if you’ve never been in trouble with the law before. A first offense might seem less serious than repeat charges, but Texas still treats it as a criminal matter with lasting consequences. From fines and license suspension to the possibility of jail time, the impact can be immediate and long-term. Learning about how Texas law defines DWI and how the legal process works will help you make informed decisions. Acting quickly and getting legal guidance as soon as possible gives you the best chance at a favorable outcome.
How Texas Defines DWI
Under Texas Penal Code § 49.04, you can be charged with driving while intoxicated if you operate a vehicle in a public place while impaired. This can mean a blood alcohol concentration (BAC) of 0.08% or higher, or it can mean that alcohol or drugs have reduced your ability to think clearly or control your movements.
Penalties for a First Offense
A first-offense DWI is usually a Class B misdemeanor per Texas law. If convicted, you could face the following penalties:
- Fines that can reach $2,000
- Jail time starting at a few days and lasting up to 180 days
- A driver’s license suspension for as long as one year
- Annual surcharges to keep your license
- Required alcohol education or intervention programs
If your BAC is 0.15% or more, the charge can be increased to a Class A misdemeanor, which can result in higher fines and a longer jail sentence.
Collateral Consequences of a DWI Conviction in Texas
The effects of a DWI conviction don’t necessarily end with court penalties. Many drivers also face collateral consequences, like impacts on any child custody arrangements, if applicable. Some professional licenses can also be suspended or revoked. These issues can follow you for years, so exploring your options for fighting the charge is important before making any decisions. In some circumstances, you may be able to have your charges dropped altogether.
Possible Defenses You Can Raise in Response
Defenses in a DWI case depend on the specific facts and circumstances, but some strategies may involve:
- Disputing whether the traffic stop was legal
- Questioning the reliability of breath or blood test results
- Highlighting mistakes made during field sobriety testing
- Showing that medical issues or other conditions caused symptoms mistaken for intoxication
An attorney can examine the evidence to see whether any of these approaches or a combination may apply to your situation.
Steps to Take After Being Charged
Quick action is critical after a DWI arrest. The Texas Department of Public Safety can suspend your license before your case even goes to trial. You typically have only 15 days from the arrest date to request an Administrative License Revocation hearing. Missing this deadline can mean losing the opportunity to challenge the suspension. Gathering evidence early can also help your defense. This may include video footage, receipts, or witness statements that show what happened before and during your arrest.
Contact a San Antonio First-Offense DWI Attorney at Barton & Associates Attorneys at Law, PLLC for an Initial Consultation
A first DWI in Texas can feel like a single mistake that’s gotten out of control, but you still have legal options available to you. The outcome depends, in part, on how you respond in the early stages of the case. Working with an experienced San Antonio DWI lawyer can help you protect your rights and build a defense that addresses the unique facts of your case. The sooner you act, the more opportunities you may have to challenge the evidence and negotiate a better outcome. If you’ve been charged, contact Barton & Associates Attorneys at Law, today to schedule a consultation.
Barton & Associates Attorneys at Law, PLLC San Antonio
115 Camaron St, San Antonio, TX 78205
(210) 500 0000
Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
(361) 8006 780