Were you recently arrested for your first DWI (driving while intoxicated) charge in Texas? Now, you’re left wondering what happens on your first DWI offense. What happens next depends on how the state chooses to handle your case. It could:
- Charge you with a Class A misdemeanor
- File your case as a Class B misdemeanor
- Dismiss or reduce your charge
If your lawyer can get your charge reduced or dismissed, you could avoid the consequences of a misdemeanor DWI conviction in Texas. With a Houston DWI lawyer from our firm on your team, we could make a strong case for a dismissal or reduction of your charge. We’ll explain how we’ll investigate your case for you during our initial consultation.
What Is the Punishment for Your First DWI in Texas?
You might worry about the charges you could face for your first DWI arrest. Thankfully, for a first-time DWI offense in Texas, the state typically doesn’t charge you with a felony. Instead, the state typically charges first-time offenders with a Class B misdemeanor. If convicted of this misdemeanor, you’ll face these penalties:
- A license suspension of up to two years
- A fine of up to $2,000
- Jail time ranging from 3 to 180 days
- An additional fine up to $3,000
However, the state might charge you with a Class A misdemeanor, with more severe penalties—a fine of up to $4,000 and jail time for up to one year, and additional fines up to $4,500. You likely won’t face this charge unless your blood alcohol concentration (BAC) was over 0.15 (twice the legal limit) when the police pulled you over.
You could also face other penalties depending on the circumstances of your case. Texas judges can be very harsh on DWI offenders, giving many offenders jail time—especially in DWI cases involving a person’s death. However, some judges may sentence a first-time offender to community supervision (commonly called probation) and community service.
How Long Is Probation for a First-Time DWI in Texas?
Depending on your case, a judge may sentence you to community supervision instead of jail time. However, on your own against a tough Texas judge, you may struggle to make a case for probation. A DWI defense lawyer from our firm can investigate and present your case, which could result in a better outcome for you.
Typically, DWI probation in Texas lasts for twelve months to two years. However, community supervision is usually preferred to jail time.
Can a DWI Be Dismissed in Texas?
Texas courts regularly dismiss DWI charges, especially for first-time offenders. Therefore, depending on the circumstances in your case, your charge could be dismissed entirely or reduced. For example, in some counties, the prosecutor may agree to reduce your charge to reckless driving.
You have to fight for a dismissal of your charges. If you plead not guilty, you could get acquitted or the state could dismiss your charges charges. However, you’ll be up against a prosecutor and judge who might not be so forgiving. Instead of fighting for a dismissal of your charges, your DWI attorney could seek a reduction in a plea bargain.
What to Do in Your First DWI Case
We can’t advise you about what you should do in your case until you consult with a member of our team. During this consultation, we’ll review all your legal options with you, advise you about how to proceed in your case, and offer our legal services.
How Can an Attorney Help Me With My First DWI in Texas?
You may feel apprehensive about representing yourself before a judge. For instance, it can be daunting, especially if you aren’t experienced in representing people charged with DWI. However, with an attorney from our firm on your team, we will investigate your case and represent you in any discussions with the prosecutors and represent you at trial.
Some of the services you can expect from your attorney include:
- Building your case with compelling evidence, such as footage from the arresting officer’s body camera or dashcam
- Corroborating your evidence with witness or expert testimony
- Challenging the state’s case against you, such as arguing that the officer didn’t properly conduct your breathalyzer or standardized field sobriety tests
- Challenging every piece of evidence and exposing any problems
- Negotiating a plea bargain with the prosecutor to reduce or dismiss your charge
- Representing you in court and protecting your right to a fair trial
Our criminal defense firm handles DWI and other criminal cases almost exclusively, so we know precisely how to handle a case like yours. With a criminal defense attorney from our firm on your side, you’ll have specialized legal representation and someone willing to fight hard for your future.
Contact Us About What Happens on Your First DWI in Texas
If you have any other questions about your DWI and would like to consult with our team, call us at Blass Law. We’d be happy to have a case review with you and help you decide what course to take in your DWI case. After your consultation, if you choose to hire an attorney from our team, rest assured that your attorney will do everything in their power to fight for a favorable outcome for you.
Contact Blass Law today to learn more during your consultation with us.