What Can a First Offense DWI in Texas Result In?

Considering these harsh consequences, hiring a DWI lawyer to protect your rights is one of the best steps you can take if you have been charged with driving while intoxicated in Texas. Contact The Law Office of David D. White, PLLC: Austin Criminal Lawyer today to fight for your case and defend against your charges.

Possible Charges and Penalties for 1st Offense DWI in Texas

If you are arrested for a first offense DWI in Texas, it is considered a Class B misdemeanor with a breath or blood alcohol content at 0.08 or above, but still under 0.15. 

• If you do end up being convicted for a 1st offense DWI in Texas, unless you are granted probation, you are most likely going to serve a mandatory 72 hours in county jail. Alternatively, you may be placed on community supervision, which usually means you will be sentenced to some form of community service in addition to court ordered counseling.
• Depending on the judge’s ruling, you may also be required to submit to conditions like attending a rehabilitation facility or taking DWI “classes” in the form of a 12-hour alcohol education course. You must complete this course within 180 days of receiving probation, or it will result in your license being revoked until you do so.
• If you are convicted of a first offense DWI in Texas, your driver’s license could be suspended. Your license can also be suspended for up to six months, even without you being convicted. This is because of “implied consent” laws in Texas, which state that by driving on Texas roads you automatically consent to sobriety tests. If you refuse to take either a blood or breath test, your license may be suspended for up to 180 days. 
• If you refuse to provide a breath or blood specimen, or your BAC registers over 0.08 at the time of the arrest, an Administrative License Revocation (ALR) suspension will begin 40 days from the date of the arrest if a hearing is not requested within 15 days.. You will also have to pay a reinstatement fee and driver’s license fee to get your license renewed or reissued.
• Lastly, there is the DWI surcharge from the Texas Department of Transportation. If you are convicted of a DWI-1st offense, under certain circumstances you could have to pay thousands of dollars in surcharges.

Factors That Can Lead to Enhanced Charges and Penalties

Certain factors can lead to enhanced penalties and increase your chances of facing more severe consequences for your DWI charge. Some of these factors include:

• High BAC: If your blood alcohol concentration (BAC) is significantly above the legal limit of 0.08%, you may face enhanced penalties. In Texas, a BAC of 0.15% or higher can result in a fine up to $4,000, 365 days in jail, criminal conviction, court ordered classes and community service, alcohol monitoring devices, and a driver’s license suspension.
• Open Container in Vehicle: If you are found to have an open container in your vehicle while charged with a DWI, penalties may include an increased minimum jail sentence, a criminal conviction, court ordered classes or community service, alcohol monitoring devices, and a driver’s license suspension. 
• Child Passenger: If there was a child passenger under the age of 15 in your vehicle at the time of the offense, you could face a State Jail Felony offense which carries a fine up to $10,000,  6 -24 months in a Texas State Jail facility, a criminal conviction, convicted felon status, court ordered classes and community service, alcohol monitoring devices, driver’s license suspension, and loss of civil rights due to felony conviction.
• Accidents or Injuries: If your first DWI offense involved an accident or caused injuries to other individuals, you may face more severe penalties, including the third degree felony of Intoxication Assault.  Penalties for a 3rd Degree Felony  include a fine up to $10,000 and a punishment range of 2-10 years in a Texas Department of Criminal Justice facility prison, convicted felon status, court ordered classes or community service, alcohol monitoring devices, driver’s license suspension, and loss of constitutional rights due to felony conviction.

You need an experienced DWI defense attorney who can challenge any aggravating factors in a first-time DWI case. Attorney David D. White has over 22 years of experience successfully defending clients with enhancements on their DWI charges. 

Possible Defenses for a First Offense DWI Charge

Being charged with a first offense DWI can be intimidating, but our experienced attorneys will guide you through every step of the process to ensure you are never alone. 

When facing a first offense DWI charge in Texas, there are several defenses that your attorney may utilize to help you obtain a favorable outcome. If the traffic stop that led to the DWI arrest was illegal, the officer(s) lacked probable cause to arrest, then you may be able to suppress evidence due to the illegality of the arrest including breath tests, blood tests, incriminating statements, etc. 

Consult Our Austin DWI Defense Attorney Now

While the consequences of a first offense DWI are not as severe as subsequent DWI arrests, they can still be life-altering. If you have been arrested for a first offense DWI in Austin, Texas, the best choice you can make is to retain an experienced DWI defense attorney. The Law Office of David D. White, PLLC is here to take care of your first DWI case, with over 22 years of experience of handling DWI cases in Texas.

Don’t face first offense DWI charges alone. Contact us online or at 512-369-3737 to schedule a consultation.