First Offense DWI in Texas

Texas law uses the term "Driving While Intoxicated (DWI) to describe crimes in which a person operates a vehicle in public places while intoxicated by alcohol or controlled substances. The law classifies such crimes as Class B misdemeanors and may impose harsh penalties depending on these factors:

• The number of previous DWI convictions.
• Damages caused by the DWI incident.
• Driver's age.

Note: The law imposes severe penalties on DWI crimes even if the offender has no prior conviction. Offenders may pay fines, get jail terms, or temporarily lose their license if convicted of a DWI.

Texas DWI laws impose harsh penalties to reduce the rate of such crimes. The penalties are also a reflection of the devastating effects of DWI-related incidents.

What Qualifies as a First DWI in Texas?

Per the Texas Penal Code, it is a first-time DWI offense if it meets these criteria:

• The driver has no previous conviction for the crime.
• The driver is in control of a vehicle in a public space while having a blood-alcohol concentration that is 0.08% or more.
• The driver's mental capacity and body coordination were impaired by a controlled substance.

The blood alcohol concentration (BAC) is the percentage of alcohol per 210 liters of breath, 100 milliliters of blood, and 67 milliliters of urine. The BAC limit may vary based on vehicle type or driver's age. Commercial drivers must not have a BAC of 0.04 or more, while the limit is 0.02 for drivers under 21.

Officers measure BAC levels through chemical tests like breathalyzers and urinalysis. They may also use field sobriety tests to assess the suspect's body coordination and mental state.

Possible Penalties for a First Offense DWI in Texas

Under the Texas Penal Code, first-time offenders may face these penalties:

• A maximum of $2,000 in fines.
• 180-day jail term in addition to the mandatory three-day jail term.
• Three- to one-year driver's license revocation.

Offenders may get more severe penalties if the crime led to physical injury or loss of life.

Do You Lose Your License for a First DWI in Texas?

Yes, you may likely lose your driver's license for three months to one year after a DWI conviction. The BAC level and presence of minors may determine the duration of your license suspension. Note that the suspension only takes effect after the court conviction.

Arresting officers only issue a notice of suspension after a DWI arrest. The notice lasts 40 days, after which the one-year suspension takes effect. So, offenders must request a hearing within the 40-day period to avoid losing their license for one year.

Offenders may apply for an Occupational Driver's License (ODL) during the license suspension. The ODL lets you drive to specific places like the hospital, work, and diverse program centers. First-time offenders only need to install an IID if convicted of an enhanced DWI offense.

What Is the Implied Consent Law in Texas, and How Does It Affect First DWI Cases?

Per Texas Sec. 724.011, persons arrested for DWI have already consented to submit their breath or blood for a chemical test. Before telling a suspect to take the test, officers must first notify them of the consequences of refusal. Consequences for refusing a chemical test include the following:

• Automatic driver's license suspension.
• Refusal will be presented as evidence of guilt in the court.
• Officers may request a warrant to compel you to take the test.
• Offenders must sign a statement if they consent to taking the chemical.

Is an Ignition Interlock Device Required for a First DWI Offense in Texas?

No, not all first-time DWI offenders must install an ignition interlock device. The court judge's decision is solely to determine if an offender needs to install an IID. The judge may require IID installation if the offender's BAC level was 0.15 or more. Persons convicted of aggravated DWI may also need to install an IID before they obtain an ODL license.

Offenders are responsible for paying all costs incurred during IID installation and maintenance.

Note: An IID is a breathalyzer installed in a vehicle's electrical system. The device requires drivers to take a breath test before starting the car and at random times while driving.

Can a First DWI Be Dismissed or Reduced in Texas?

First-time offenders may get the court to reduce or dismiss their DWI conviction. The court may consider a plea bargain to reduce DWI to reckless driving with a relatively less severe penalty.

Conversely, the court might dismiss the case if there's compelling evidence. For example, you may prove to the court that the arresting officer did not notify you of your rights before making the arrest. Offenders may also claim that there was no probable cause for the officer to stop the vehicle.

Note: The court may recommend a pre-trial diversion program to first-time offenders. Upon completing the program, the court may dismiss the charges.

Long-Term Consequences of a First DWI

In Texas, DWI convictions remain permanently on criminal records until they are sealed or expunged. First-time DWI offenders may experience these setbacks:

• Higher auto insurance premiums.
• Limited job opportunities in industries that require employees to have a valid driver's license.
• Financial burden due to legal fees, IID-related costs, and increased transportation costs.

Do You Need a DWI Attorney in Texas?

An experienced DWI attorney may help navigate the legal system. DWI attorneys also help gather evidence and convince the court to dismiss or reduce the charges. Before you hire an attorney, ensure they have an impressive track record for solving such cases.