In Texas, driving while intoxicated (DWI) is a serious offense, and even first-time offenders face high penalties. While a first offense DWI is the most common crime in the United States, it is often committed by ordinary citizens who are not criminals.
However, if you pick up DWI charges for a DWI in Texas, you will be deemed a criminal and face consequences. It is important to be aware of the severity of the situation and understand the legal system when it relates to a DWI in Texas.
Hiring a DWI attorney will drastically increase the chances of a reduction or a DWI dismissal in a Texas DWI case. The Law Offices of RRK have a successful and proven track record when it comes to DWI defense in Travis and Williamson County. Talk to our DWI lawyer today, the first consultation is free.
What to do after getting your first DWI in Texas
After you have been arrested for your first DWI in Texas, getting out of jail is obviously the top priority. To do that, you will have to post bond. After that, make sure you interview and hire a lawyer without delay for your DWI in Texas. Your DWI attorney's first and foremost goal is getting your DWI dismissed. And if the evidence does not suggest to them that dismissal is possible, then they will look to a reduction of the charges, and ultimately to some form of deferred adjudication with an eye on a nondisclosure if you successfully complete it.
Furthermore, make sure to attend all court appearances since they are a requirement of your bond. Avoid getting into trouble, evaluate the evidence, and remain determined and patient.
Note: as a pre-trial condition of the bond, you will most likely have to have an ignition interlock device installed. And possibly, as a condition of any probation that you may agree to, or be placed on, you will need to have an ignition interlock device installed.
Can I Get My DWI Charges Dismissed or Reduced to Reckless Driving?
If you are facing misdemeanor or felony DWI in Texas, it is possible to have them reduced or thrown out of court. However, these charges are serious and require an experienced defense attorney to fight for the best possible outcome.
Finding an effective DWI defense lawyer with experience in handling similar cases can be a challenge. Although the average cost of an attorney is can be from $2,000-$20,000 for a DWI in Texas, other collateral legal expenses can quickly add up. It may be difficult for a driver facing DWI charges to afford an attorney on their own.
Understanding First Offense DWI Charges in Texas
In Texas, a first-offense DWI Class B misdemeanor in Texas can result in a fine of up to $2,000 and a possible suspension of driving privileges for 90 days. However, in some cases, the prosecutor may seek a more severe penalty.
DWI laws in Texas are complex, and it's important to understand the charges and potential consequences, including the possibility of restitution and jail time in certain cases.
Why breathalyzer and blood test results are not always accurate
tests
If someone is arrested for a Class B misdemeanor first-offense DWI in Texas, they may believe that their case cannot be easily argued. However, it's important to note that a conviction is not automatic. There are multiple factors that can cause false or inadvertent readings on a Breathalyzer test such as allergies, prior existing conditions, etc.
BAC of .15% or Higher
If your breath or blood tests come back positive with .15 or higher in your first offense DWI in Texas, your charges will be elevated to a Class A crime in Texas. Class A misdemeanors are more serious than Class B offenses and can result in a maximum penalty of $4,000 and up to a year in county jail.
Additionally, if you're convicted of felony DWI charges and your breath or blood test comes back .15 or higher, you may be required to install an ignition interlock in your car that requires you to blow into the device before the engine can start. An interlock may also be required as part of your bond conditions in a DWI first offense - Texas.
Why blood draws are not always an accurate measure of blood alcohol concentration
Testing for blood alcohol concentration for a first-offense DWI in Texas cannot be issued without a warrant unless there is an exception, however, more and more officers have judges on stand-by to issue blood draw warrants even in first-offense scenarios.
Do you lose your driver's license for your first DWI in Texas?
Most of the time, yes. Some rare exceptions are when a blood draw is done rather than a breathalyzer test specifically related to a DWI charge.
In this scenario, the police officers will wait to hear back from the lab. If your blood results are above the legal limit, you will then be issued a letter stating that your driver's license has been suspended. The receipt is presumed on the fifth day after it was mailed. You will then have 20 days from the postmark date to request an ALR hearing if the blood results are .08 or greater to fight to keep your driver's license from being suspended.
If you have refused, or your BAC results come back at a .08 or higher, chances are the officer will assume you are over the legal limit and then begin the process of a DWI arrest, including the license suspension, which is automatic in this scenario.
You must request an ALR hearing within 15 days of being issued your DIC-25. Your license will be valid for 45 days from the date of arrest or whenever your requested ALR hearing is heard, whichever is later.
If you do not obtain an occupational license, and you do not request an ALR hearing, the suspension period will start for the given DWI charges upon the expiration of your paper-issued licenses, otherwise known as a DIC-25.
Administrative license revocation penalties for a DWI charge
According to the Texas Department of Public Safety, 'For an administrative license revocation (ALR) Failure, the suspension period for the first offense is 90 days, while the second offense carries a 1-year suspension. For an ALR Refusal, the first offense carries a 180-day suspension, while the second will result in a 2-year suspension.' - Texas Department of Public Safety
How many years does a DWI impact your insurance in Texas?
Depending on how far back the insurance company checks your driver's license, a DWI can affect insurance for up to 10 years in Texas.
While most insurers consider the past 3-5 years of a driver's record to determine premiums, significant violations like a DWI may prompt some insurers to look back even further.
This is why it is essential to hire a criminal defense attorney that has as one of their primary focuses DWIs under Texas law.
Do you get probation for a first DWI in Texas?
Generally speaking, on average, yes. In some form or another if you are charged with a DWI in Texas. More times than not, this usually results in some form of probation to resolve the case that does not result in some form of county jail time.
However, more and more counties in Texas have alternative DWI pre-trial programs that, if completed successfully, will allow you to apply for an expunction of the DWI charges. Note: each county is different for PT eligibility.
Also, note that there is a vast difference between a petition for nondisclosure and an expunction. Note: if you have prior DWI convictions, you will not be eligible for applying for a nondisclosure after successfully completing two years of your misdemeanor probation for a Texas DWI charge.
Can I drink while on probation (community service) for a DWI in Texas
To comply with DWI probation in Texas, you must attend a few meetings in addition to community service and educational classes. Your probation officer will conduct regular testing to make sure you are abstaining from alcohol and drugs.
What are the financial penalties for DWI cases in Texas?
Texas updated its DWI laws on September 1, 2019. The new law provides for what is termed, a super fine; DWI drivers with additional plea options but imposes an extra DWI surcharge (s) for repeat offenders and first-time DWI drivers with high BAC levels. This means that unsafe drivers will be required to pay two sets of fines for a single DWI conviction.
Tex. H.B. 2048 has introduced a new set of fines that will be in addition to the fines for a DWI case. This will result in an increased cost of a DWI offense for drivers.
Previously, drivers who committed Class B and Class A misdemeanors were subject to fines ranging between $0 and $2,000 or $0 and $4,000. However, with the recent change in the law, drivers now have possible additional fines ranging from $3,000.00 to $6,000.00.
The new fines depend on two factors - the time frame between DWI convictions and the BAC test score of the DWI driver. If a driver is convicted of DWI again within a short time frame or drives with a high BAC level, they will be required to pay two fines.
There are only a few outcomes for your misdemeanor DWI charge, first offense.
What is the most favorable result for a DWI charge?
Achieving an acquittal or having the charges dropped is the ideal outcome for a DWI case. However, many clients would be satisfied with a prosecutor's offer to withdraw the DWI charges in exchange for a plea of guilty to careless driving. Other clients consider it a win if they are successfully admitted into a PT diversion program.
How long does a Texas DWI stay on your record?
Permanently. In Texas, a DWI will remain on your record permanently unless you are able to expunge or seal it. This means that if someone performs a criminal background check on you, such as employers, they will be able to see that you have a DWI on record.
How do I clear my DWI in Texas?
In Texas, it's not possible to expunge a DWI conviction. However, in certain situations, charges that didn't result in a final conviction can be expunged.
If your DWI charge qualifies, you might be able to seal it under Texas's DWI Second Chance Law also known as a nondisclosure. Consult with your DWI attorney for the intricate details of these various options pertaining to the specific facts of your DWI in Texas case.
RRK Law has successfully navigated hundreds of DWI cases, with countless dismissals and a reduction of charges that resulted in nondisclosures and expunctions. Contact our office today to speak with a qualified DWI lawyer today for your free consultation. We are here to help!
What happens in the rare circumstance that I have been charged with intoxication manslaughter (vehicular)?
In Texas, if you cause a fatal motor vehicle accident while driving under the influence of alcohol or drugs, you will be charged with intoxication manslaughter (vehicular). It's important to note that even if the accident was not your fault, you could still be arrested and charged.
Homicide and manslaughter are two different concepts. Homicide involves intentional murder with premeditation, motive, and conscious action. On the other hand, manslaughter occurs due to criminal negligence that leads to the victim's death. To prove criminal negligence, the accused needs to have acted recklessly, beyond any reasonable doubt.
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Contact RRK Law today for free consultations in areas of criminal defense, DWI; family law, child custody, and divorce; or personal injury, car, and truck accident cases. If you need more general information on any of these areas of law, please check out our blog at rrklawoffice.com or rrklawblog.com. We look forward to helping you in your time of need.