DWI First Offense in Texas

A first-time DWI charge in Texas will be a Class B misdemeanor with a maximum fine of $3,000 and a maximum jail sentence of six months. A conviction for this offense is permanent on your record and will result in your driver's license being suspended. However, there are certain factors that can enhance these charges that will make the penalties harsher, such as longer terms of incarceration, higher fines, and the loss of various rights.

Various Consequences for DWI First Offense

  • DWI with a blood alcohol content (BAC) of .15 or higher is a Class A misdemeanor with a maximum fine of $6,000 and a max jail sentence of one year. A conviction is permanent, and it will result in a driver’s license suspension. 
  • DWI with an open container is either a Class A or a Class B misdemeanor, with BAC being the determining factor. The punishment for a conviction is the same as the above, with a minimum of six days in jail due to Texas’ open container enhancement. 
  • DWI with a child passenger is a state jail-level felony with a maximum fine of $10,000 and a maximum period of incarceration of two years in a state jail. Collateral consequences include being labeled as a convicted felon. 

Can a DWI Be Dismissed in Texas?

It is possible to dismiss a DWI in Texas. If you’re facing a DWI charge, even as a first offense, there’s a lot at stake. The State doesn’t “take it easy” on first-time offenders, which is why it’s essential to have proper representation like Denuna Law in your corner to assert your constitutional rights. 

Can a DWI Be Dismissed for Lack of Probable Cause?

All DWI cases will be dismissed if a judge discovers that the arresting officer lacked probable cause. Officers are trained to seek out signs of intoxication and impairment during traffic stops. Absent of those signs, an arrest will be invalidated, and the DWI charge dismissed. If a judge determines that there’s no underlying reason for the traffic stop, then everything that follows afterward will be excluded. Police officers, although enforcers of laws are frequently mistaken about their implementation. That’s why a top-rated DWI lawyer in Texas is needed to make sure that you’re getting the defense you deserve to protect your freedom.

How Long Does a DWI Remain on Record?

A DWI in Texas, even if it’s the first time DWI offense, remains on your record forever and never automatically gets removed. The only two ways to clean a record of a DWI are: 

1) Petition for Nondisclosure: the Texas Second Chance Law that went into effect in 2017 allows certain individuals to seal the record of their arrest and DWI conviction. 

2) Expunctions: these delete the charges from your record if you did not get a final conviction.

Denuna Law Protects Your Freedom

If you’ve been charged for the first time DWI offense in Texas, then don’t wait until it’s too late to acquire quality legal representation. Call or email us ASAP to discuss your case and request a free consultation so that we can provide you with the proper services you deserve as an American citizen. 

Experienced DWI
Defense Lawyer

If you have a case and want an attorney who will instill fear in the prosecution and DA, call or message Chris today!