A first-time DWI charge in Texas is a Class B Misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for this offense is permanent, and results in a driver license suspension. Learn more. Show DWI charges can be enhanced by certain factors. These enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights. Consequences for DWI First OffenseEveryone charged with Driving While Intoxicated in Texas is facing incarceration. Police and prosecutors use certain factors to enhance the type of DWI charge a person receives. Blood alcohol concentration, evidence of an accident, injury, the presence of children, and open containers can all be used as the basis for enhancement.
Class A Misdemeanor TexasClass A misdemeanors carry the most severe consequences of all misdemeanor categories in Texas. Class A misdemeanors are punishable by up to 1 year in county jail, up to 24 months of probation, and are permanent. A conviction for a Texas Class A misdemeanor stays on a person’s record forever.
Driving while intoxicated in TexasDriving While Intoxicated is a very common offense in Texas, and the penalties are severe. A person can be charged with, and convicted of, Driving While Intoxicated even without consuming alcohol. The law states: Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Can a DWI be Dismissed in Texas?Yes. DWI cases are dismissed every day in courtrooms across Texas. If you are facing a DWI in San Antonio, even as a first offense, the stakes are high. The State is not going to “take it easy” just because it’s your first offense. That’s why it is critical to fight back, assert your constitutional rights, and do everything possible to avoid a final conviction.
Can a DWI in Texas be Reduced?Yes. An enhanced DWI offense may be reduced. As outlined above, a first-time DWI charge may be elevated to a Class A Misdemeanor or, in some circumstances, a State Jail Felony. The State has the power to “waive” the enhancement, and proceed on a Class B Misdemeanor DWI.
With the passage of Texas House Bill 3582, first-time DWI offenders are now eligible to apply for Deferred Adjudication. This has largely ended the practice of allowing defendants to plead to other charges like Obstruction of a Highway or Reckless Driving. Is a DWI a Felony?First-time DWI charges are misdemeanors in Texas. However, after two DWI convictions, all subsequent DWI charges are categorized as felonies in Texas.
What Happens with First DWI in Texas?After being arrested for DWI, defendants see a magistrate judge. The magistrate judge sets a bond amount, and decides whether there will be additional conditions of release. For DWI cases, additional bond conditions often consist of drug testing, ignition interlock or SCRAM devices.
How Long Does DWI Stay on Your Record?Forever. In Texas, arrest and disposition records are never automatically removed. There are two options to “clean up” a criminal record in Texas.
Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more. |