If you are convicted of a first offense DWI charge, you could face jail time and many other consequences. Texas is especially harsh on those charged with DWI, including first-time offenders.
Our Richmond DWI Lawyer can face your charges and fight on your behalf for the best possible outcome, including a “not guilty” verdict. With over 14 years of experience defending the accused, our Richmond first offense DWI lawyer, Jay Blass Cohen, knows how to handle your case.
What Are the Potential Criminal Penalties for a First-Time DWI in Texas?
Texas law is very harsh on those facing DWI charges, including first-time offenders. While rare, a first offense could even be a felony. Our criminal defense lawyer in Richmond will help you understand your case.
According to the Texas Department of Transportation, a first offense is typically a Class B misdemeanor, with penalties of up to $2,000 in fines, up to 180 days in jail, and license revocation for up to one year.
According to Texas Penal Code § 49.04, if your blood alcohol concentration (BAC) was over 0.15 at the time of testing, the charges may be upgraded to a Class A misdemeanor. This may result in a fine of up to $4,000, jail time for up to one year, and loss of your driver’s license for up to two years.
Thankfully, you may be able to avoid these penalties if you have a strong defense with experienced criminal defense attorney Jay Blass Cohen on your side.
We Protect You From the Collateral Penalties of a Conviction
Being convicted of a first-time drinking and driving offense can result in more than jail time and fines; you could also:
- Have problems retaining custody of your kids. If you’re in the middle of a custodial dispute, rest assured, the other side is going to try to use this against you, the judge may view your character in a poor light if you have a DWI conviction. This could complicate how much time you spend with your children.
- Experience problems securing housing. Many landlords run background checks on potential tenants. If one sees that you have a criminal record, your application could get passed over. In the long run, this could prevent you from getting affordable housing or residency in your preferred neighborhood.
- Spend years worrying about background checks. Once you’re convicted of a DWI, that offense stays on your record for the rest of your life. You don’t want to break into a sweat every time someone reviews your criminal history.
A good way to avoid the penalties of a first offense DWI in Richmond is to avoid getting convicted altogether. Attorney Jay Blass Cohen is on your side each step of the legal process. He seeks an outcome that puts your future first, empowering you to move forward.
What Will a Richmond First Offense DWI Lawyer Do for Me?
With Attorney Jay Blass Cohen in your corner, you won’t have to face your criminal charges and fight alone. Jay will fight hard for the best possible outcome in your case.
You can expect your Richmond first offense DWI attorney to do all of the following and more:
- Investigate your arrest: If there were any issues with your arrest, your case could be dismissed. For instance, if the arresting officer did not have probable cause for the initial detention, this could lead to a case dismissal.
- Collect evidence: A lot of evidence may be in your favor. For example, security camera footage or eyewitness testimony could indicate your innocence. Your trial lawyer will seek out such evidence.
- Find issues with the evidence against you: To support your case even more and poke holes in the case against you, your lawyer will look for issues with the prosecution’s evidence, such as blood tests and inconclusive Breathalyzer test results.
- Build your case: Depending on the evidence and other factors, your lawyer could argue that law enforcement violated your constitutional rights, the breath test is invalid, there was a lack of probable cause to pull you over, or another defense. Each of those defenses is strong. Your lawyer could use multiple defenses for your case.
- Represent you in court: Your lawyer will argue your case in the courtroom and argue against the prosecution. They will also protect your rights.
- Demand a fair trial: Everyone is innocent unless proven guilty, and your Richmond DWI lawyer will demand that you be treated that way. If your charge isn’t fair, your lawyer may demand a lesser charge or argue for dismissal.
- Negotiate for a plea bargain, if necessary: In some cases, a plea bargain is the best option. A plea bargain involves pleading guilty to a lesser charge in exchange for more lenient penalties.
Your Richmond DWI Lawyer May Employ These Defenses
We want to secure a “not guilty” verdict. To this end, we may assert that:
- The Breathalyzer is junk. Breathalyzers are a black box of mystery for most police officers. They are only trained to push a button. When experts and officers are pressed on what goes on inside the box, they frequently don’t have good answers. Specific diets, interference, and many other things can result in false readings that otherwise look correct. Our team can educate a judge and jury on these issues and try to have them disregarded from trial.
- The state doesn’t have supporting evidence. The burden of proof is on the prosecution. They must prove beyond a reasonable doubt that you committed a crime. If we can have enough evidence barred from trial, this could weaken the prosecution’s case and ultimately result in your case being dismissed.
- You weren’t read your Miranda rights. The arresting police officer must disclose certain things upon your arrest, namely, that you have the right to remain silent, and anything you share could be used against you later. If you disclosed something incriminating at the arrest scene, but you weren’t read your rights, we could have those admissions barred from the prosecution’s evidence file.
The details of your arrest, previous criminal offenses, and other facts of your situation inform our legal strategy.
Frequently Asked Questions of Our Richmond First-Time DWI Lawyer
Attorney Jay Blass Cohen knows the criminal justice system like the back of his hand, and people in Richmond, TX, know this. That’s why they trust him time and time again with their futures. They also come to him with their case-related questions, some of which include:
Is Probation an Option for a First-Time Drunk Driving Offense in Texas?
First-time DWI offenders who plead guilty or no contest may be eligible for probation. However, the defendant must convince the judge to grant them probation, which can be difficult for an accused person to do on their own.
In this case, working with our Richmond first offense DWI lawyer at Blass Law may be invaluable. Jay’s experience and past results make him a great advocate to help you make your case for probation.
Can a First Offense DWI Be Dismissed in Texas?
In some situations, the law enforcement officer who arrested you may not have had a legal right to pull you over, or they may have violated your legal rights during the arrest or BAC testing process.
The burden of proof rests on the prosecution, and if they cannot prove their case, your Richmond DWI lawyer may be able to get your charges dismissed.
Richmond First Offense DWI Attorney Jay Blass Cohen
Richmond DWI defense attorney Jay Blass Cohen has over 14 years of experience defending accused individuals like you. He has the experience you want in a criminal defense attorney.
To help him work for you, Jay has many relevant certifications and memberships. He is:
- Certified in forensic chromatography for alcohol and drugs
- Certified as an ACS-CHAL forensic attorney-scientist
- A member of the National Association of Criminal Defense Lawyers
- A member of the Texas Criminal Defense Lawyers Association
- A member of the Harris County Criminal Lawyers Association
- A member of the Houston Bar Association
Jay has been very successful throughout his career. He has defended many people accused of DWI. For instance, one of his clients, a commercial driver, was found not guilty of DWI, even after failing sobriety tests at the scene and the police station.
You can read about Jay’s many other successes, including several DWI cases, on our case results page.
Contact Us to Connect With a First-Offense DWI Attorney in Richmond, Texas
If you are facing a first offense DWI charge, our firm can Help. Our attorney, Jay Blass Cohen, will fight on your behalf for your innocence or a lesser charge. You can trust in Jay’s experience and success.
To learn more, consult with us. We’ll help you understand your situation better and work hard to resolve it. Contact Blass Law today for your consultation.