DWI First Offense Texas
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Contact Houston First-Offense DWI Attorney B. Keith Jackson For Steadfast Representation
Being arrested for driving while intoxicated (DWI) can be distressing, especially if you’ve never been in trouble with the law before. After a DWI first offense, Texas residents like you face the possibility of driver’s license suspension, significant court costs, fines, and jail time. You’re also at risk of developing a criminal record that could impact your future.
At B. Keith Jackson, Attorney and Counselor at Law PLLC, we understand how stressful a first offense DWI arrest can be, and we’re here to help. Whether you refused a breath or blood test or had other aggravating factors involved, our Houston DWI defense attorney is prepared to fight against a DWI conviction and pursue a strong defense on your behalf.
With years of experience handling DWI cases under Texas law, Attorney B. Keith Jackson will work to protect your driving privileges, guide you through the court process, and seek the best possible outcome for your first-time DWI case.
Don’t wait to get the legal help you need. Call (281) 545-5020 or contact us online to schedule a confidential consultation today.
What is Considered Driving While Intoxicated (DWI) in Texas?
In Texas, driving while intoxicated (DWI) means operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Texas law considers you legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher. However, police can still arrest you for DWI if you show signs of impairment, even if your BAC is below the legal limit.
While the legal BAC limit is 0.08% for most Texas drivers, commercial drivers cannot drive with a BAC level of 0.04%. The state also has a zero-tolerance policy for drivers under 21, meaning even a low BAC can lead to a DWI charge.
DWI offenses are among the most commonly committed crimes in Texas and carry serious consequences, even for a first offense.
First-Offense DWI Under Texas Law
According to Tex. Penal Code § 49.04, a first offense DWI occurs when a person is caught operating a motor vehicle in a public place while intoxicated. This means the driver either has a blood alcohol concentration of 0.08% or higher, or has lost the normal use of their mental or physical faculties due to alcohol, drugs, or both. This statute only applies to a person’s first DWI or DWI-related offense.
Houston, TX First-Offense DWI Penalties
A first-time DWI offense is typically a Class B misdemeanor. Under Texas DWI law, the penalties can include up to 180 days in county jail, a fine of up to $2,000, and a driver’s license suspension for up to one year.
Enhanced First DWI Offense in Texas
In Texas, first offense DWI charges can carry more severe criminal DWI penalties if certain aggravating factors are present.
For example, if your blood alcohol content is 0.15% or more, the charge may be raised to a Class A misdemeanor, which increases the maximum jail sentence to one year and raises the fine to $4,000. Having an open container in your vehicle at the time of the DWI arrest can also result in mandatory jail time, even if it’s your first DWI offense.
If the DWI leads to a crash and causes serious injury to another person, prosecutors could charge you with intoxication assault, a third-degree felony. If someone dies as a result of a crash, prosecutors could charge you with intoxication manslaughter, a second-degree felony.
Another serious aggravating factor is having a child passenger in the vehicle. Under Tex. Penal Code § 49.045, driving while intoxicated with a child under 15 in the car is a state jail felony. A conviction can result in up to two years in prison, fines of up to $10,000, and suspension of the driver’s license. This type of offense may also impact custody or visitation rights and can seriously damage your reputation.
Is a First-Offense DWI a Felony or Misdemeanor in Texas?
A first-offense DWI is a Class B misdemeanor in Texas. While it’s less serious than a felony offense, a misdemeanor DWI can still result in criminal penalties and a permanent record of conviction. That’s why it’s important to have a Houston DWI attorney on your side.
An experienced attorney can review the details of your arrest, challenge the breathalyzer or blood test results, and work to reduce or dismiss the charges. Having the proper legal counsel gives you the best chance to protect your rights, your freedom, and your future.
Will I Lose My License for a First-Time DWI in Texas?
Yes, you can potentially lose your driver’s license even with a first-time DWI offense.
The Texas Implied Consent Law requires everyone arrested for a DWI to submit to a blood or breath test. Refusing the test or having a blood alcohol concentration over the legal limit can trigger the Administrative License Revocation (ALR) Program, a civil process handled by the Texas Department of Public Safety.
The process can result in an automatic driver’s license suspension or disqualification, even if you haven’t been convicted in criminal court. These administrative penalties are separate from any criminal DWI penalties you may face.
How an Experienced DWI Attorney Can Help
A Houston criminal defense lawyer can help you understand your rights and fight for the best possible outcome in your DWI case.
In some situations, you may qualify for deferred adjudication, a form of probation that allows you to avoid a criminal conviction. With deferred adjudication, you essentially enter a plea bargain where the judge postpones a finding of guilt while you complete certain conditions, such as community service, a DWI education program, or alcohol treatment through a state-approved rehab facility. If you meet all the requirements, you can avoid a final conviction on your record.
An experienced attorney can also challenge the traffic stop, the results of your blood or breath test, and help minimize the civil consequences that come with a DWI arrest.
Why It’s Important to Keep Every DWI Charge Off Your Record
Keeping DWI charges off your record is essential because each conviction carries more serious consequences under Texas criminal law.
A first offense may seem manageable, but a second or third DWI can lead to harsher criminal penalties, including longer jail time, higher fines, and stricter probation requirements. Having a clean record also helps protect your driving privileges, job opportunities, and reputation.
Second-Offense DWI in Texas
If police have arrested you for a second DWI in Texas, the consequences are much more severe than for a first offense.
A second-offense DWI is classified as a Class A misdemeanor and can result in up to one year in county jail, fines up to $4,000, and driver’s license suspension. The court may require you to install an ignition interlock device on your vehicle and complete a DWI education or treatment program.
Third-Offense DWI or Subsequent Offense in Texas
A third DWI charge is a third-degree felony in Texas. That means you could face 2 to 10 years in prison, a $10,000 fine, and the loss of your driving privileges for several years. You’ll also have to install an ignition interlock device and serve an extensive probation sentence.
A third DWI conviction can have life-altering consequences. At this point, the courts assume a pattern of behavior, and you will likely face much tougher prosecution.
Potential Defenses to a First-Time DWI in Texas
If prosecutors charged you with a DWI first offense in Texas, several legal defenses may apply. With the help of a Houston criminal defense lawyer, you may be able to:
- Challenge the legality of the traffic stop
- Question the results of the blood or breath test
- Use the rising BAC defense
- Argue a lack of impairment
- Dispute the way prosecutors/police handled the evidence
Each case is different, but a strong legal defense can help reduce criminal penalties and limit the long-term impact of a DWI charge.
Let Houston Criminal Defense Lawyer B. Keith Jackson Defend Against a First-Offense DWI Charge
A first offense DWI in Texas is more than just a traffic stop; it can lead to serious legal trouble that affects your freedom, finances, and future.
At B. Keith Jackson, Attorney and Counselor at Law PLLC, we understand how overwhelming and stressful DWI charges can be, especially if it’s your first time facing the criminal justice system. As a trusted Houston criminal defense lawyer, Attorney B. Keith Jackson is committed to providing strong legal counsel and building a defense that protects your rights under Texas criminal law.
Get the help you need from an experienced legal team that’s ready to stand by your side. Call our office at (281) 545-5020 or contact us online to schedule a consultation today.
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