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Texas First DWI Offense

A first DWI offense in Texas can lead to serious fines, license suspension, and possible jail time. Even if you have never been charged before, prosecutors take these cases seriously and will push for penalties that could follow you for years. Knowing what to expect and how to approach your DWI defense with a Houston DWI lawyer can make all the difference in protecting your future.

What Constitutes a First DWI in Texas?

A first-time DWI offense in Texas is defined under Texas Penal Code § 49.04 as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher. This applies to all drivers, regardless of whether they show visible signs of impairment. Even if a driver believes they are in control, exceeding the legal BAC limit is enough to result in a DWI charge.

Penalties for a First DWI Conviction in Texas

A first DWI conviction in Texas can result in significant penalties that impact your freedom, finances, and driving privileges. Even if it is your first offense, the consequences can be long-lasting and may escalate with aggravating factors such as high BAC levels or causing an accident. Potential penalties for a first DWI in Texas may include:

  • Fines – Up to $2,000, plus additional state fines of up to $6,000 if the driver’s BAC was 0.15% or higher. These fines do not include court costs or legal fees.
  • License suspension – A first-time conviction for DWI can result in a 90-day to 1-year license suspension. Drivers may be eligible for an occupational license, which allows limited driving for work or essential activities.
  • Jail time – A first-time offender may face between 3 and 180 days in jail. The length of incarceration depends on the circumstances of your case, including whether you cooperated with law enforcement.
  • Ignition interlock device (IID) – In some cases, drivers may be required to install an IID on their vehicle, which prevents operation if alcohol is detected on their breath.

Defending Against a First DWI Charge in Texas

Your first DWI charge does not automatically result in a conviction. There are several potential defense strategies that may help reduce penalties or dismiss charges entirely.

Pretrial Diversion for First-Time DWI Offenders

Texas offers pretrial diversion programs for some first-time offenders under Texas Government Code § 76.011. These programs allow eligible participants to complete certain requirements in exchange for a dismissal of charges. Pretrial diversion is not available in all cases and typically depends on factors such as BAC level, prior criminal history, and whether an accident occurred. Requirements for eligibility for pretrial diversion include:

  • No prior criminal convictions
  • Completion of a substance abuse program
  • Community service
  • Regular check-ins with a probation officer

Field Sobriety and Breathalyzer Test Errors

Field sobriety and breathalyzer tests are commonly used in DWI cases, but they are not always reliable. Several factors can compromise the accuracy of these tests, which can lead to false positives and wrongful arrests.

Poorly administered field sobriety tests can be influenced by uneven road surfaces, weather conditions, or medical conditions that affect balance and coordination. Similarly, breathalyzer machines require regular calibration to produce accurate results. If a device is not properly maintained or an officer fails to administer the test correctly, your DWI attorney may challenge the results in court.

Defend Your Rights With a DWI Lawyer With The Law Office of David A. Breston

A first DWI offense does not have to define your future, but how you respond to the charges will. The penalties can be serious, but a compelling defense can help reduce or even dismiss the consequences against you. A trial-proven DWI lawyer with The Law Office of David A. Breston will review every detail of your case and build a defense strategy that gives you the best chance at protecting your freedom. Fill out our quick contact form now or call (713) 224-4040 to get started with a free confidential consultation today.