What Happens When You Get Your First DWI?

Texas takes DWIs seriously, and judges have discretion when choosing punishment for offenders. Unfortunately, there’s no such thing as second chances or get-out-jail-free cards for a first-time DWI. 

Contact Fort Worth DWI lawyer Jeff C. Kennedy for a free case review if you are facing your first DWI charge. 

What Constitutes a First-Offense DWI in Texas?

Under Texas Penal Code § 49.04, a DWI offense occurs when a person operates a motor vehicle in a public place while intoxicated. Intoxication defined as:

• Having a blood alcohol concentration (BAC) of 0.08% or higher
• Lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both

If you have not had a prior DWI conviction, your first offense will be classified as a Class B misdemeanor. If there are aggravating factors, your penalties may increase. 

Consequences Of A First-Time DWI

In Texas, penalties for a first-time DWI offender include suspension of your license, a fine of up to $4,000 plus fees, and possible jail time. Offenders can be charged with either a Class B or Class A misdemeanor, depending on their blood alcohol content. Finally, you could also be required to take a DWI education program, complete community service, or be placed on probation. 

Penalties For A First-time DWI in Texas

• Fines: Up to $2,000
• Jail Time: Minimum of 3 days and up to 180 days
• Probation: Court-supervised probation instead of jail time
• Community Service: Between 24 and 100 hours
• Mandatory DWI Education Program: A 12-hour Alcohol Education Program
• Ignition Interlock Device (IID): Required in some cases, especially if BAC was 0.15% or higher

Driver’s License Consequences

• License Suspension: Between 90 days and 1 year
• SR-22 Insurance Requirement: Higher insurance costs for at least two years
• Occupational Driver’s License (ODL): May be available for limited driving privileges

Can a First-Offense DWI Be Dismissed?

Yes, a DWI charge can be dismissed. Potential strategies for seeking a dismissal involve the following:

• Illegal Traffic Stop: If law enforcement had no valid reason to stop you, the case could be dismissed.
• Faulty Field Sobriety Tests: Improperly conducted tests can lead to unreliable results.
• Inaccurate Breath or Blood Tests: Equipment malfunctions or mishandling of samples can render evidence inadmissible.
• Violation of Rights: If your Miranda rights were not read, or you were subjected to unlawful questioning, evidence may be suppressed.

How Our DWI Attorney Can Help You

If you are facing a first-time DWI charge, legal representation can make a significant difference in the outcome of your case. You can depend on us to:

• Analyze police reports and bodycam footage for errors
• Challenge the validity of field sobriety and breathalyzer tests
• Negotiate with prosecutors for reduced penalties or case dismissal
• Defend your rights in court

Schedule a Free DWI Case Review

The consequences of a DWI are severe. If you’ve been arrested, don’t make the mistake of thinking it will go away on its own. At The Law Offices of Jeff C. Kennedy, we can provide you with the robust legal defense you need to possibly reduce your charges or hopefully get them dropped. 

Call 817-605-1010 or fill out the following form to contact an experienced DWI lawyer from our firm today.