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.
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.
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:
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.
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:
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.
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.