April 20, 2022
First-time DWI offenses in Texas are taken seriously. Individuals convicted of driving while under the influence of alcohol or drugs face criminal charges, jail time, fines, increased auto insurance premiums, and more.
With that in mind, if you’re facing first offense DWI charges in Houston or the surrounding area, it’s in your best interest to retain an experienced DWI attorney as soon as possible.
In many cases, an experienced lawyer for first-time DWI offenses in Texas can significantly increase the odds of dismissed charges or decreased penalties. The criminal defense team at The Napier Law Firm is here to help you fight first-time DWI charges and seek the best possible outcome under the circumstances.
Contact us today to discuss the details of your case. Continue reading to learn more about 1st offense DUI charges in TX below.
Is Jail Time Mandatory For 1st DWI in Texas?
Suppose you’re convicted of a first-time DWI in Texas. In that case, you face a minimum mandatory jail time of at least three days to six days, depending on the circumstances of the case. Generally, first offense DWIs are considered class B misdemeanors in Texas.
The penalties for a conviction include but are not limited to the following:
- Up to six months incarceration
- Fines up to $2,000
- License suspension
- And more
It’s important to note that the penalties for first offense DWIs in TX greatly increase in situations where the defendant had an open container of alcohol at the time of the arrest, had a passenger under 15 years old, or caused serious injuries or death. Learn about when a first-time DUI in Texas is considered a felony below.
When is First DWI a Felony in Texas?
In most cases, a 1st DWI conviction is a misdemeanor offense. However, it can be charged as a felony under the following circumstances:
- 1st DWI with a passenger under the age of 15 – A state felony offense
- 1st DWI resulting in serious injuries – Third-degree felony
- 1st DWI resulting in death – Second-degree felony
If you’re charged with a felony first-time DWI, you face a minimum of six months to 20 years incarceration, hefty fines, and much more. Contact The Napier Law Firm today to discuss the details of your case.
Do You Get Probation For First DWI in Texas?
Depending on the details of your case, past criminal record, and caliber of DWI attorney, a first DWI conviction may lead to probation (otherwise known as community supervision) instead of jail time.
However, you must meet specific requirements and conditions while on probation, including but not limited to:
- Attend DWI education classes and alcohol dependence evaluation
- Pay all fines and court costs
- Community service
- Victim Impact Panel attendance
- Refrain from using alcohol and drugs while on probation
- Installation of an ignition interlock device
- Attend regular meetings with the probation officer
- Refrain from any other criminal charges while your case is active
Generally, a judge can order community supervision for six months to two years in first-time DWI cases. Any violation of the probation terms is likely to result in jail time. Further, it’s essential to note that probation in lieu of incarceration is typically not an option for felony first-time DWI offenders.
Can You Get a DWI Dismissed in Texas?
Generally speaking, it’s possible to get a first-time DWI dismissed in Texas. However, it’s not easy. You and your first time DWI attorney must prove one of the following to increase your chances of dismissal:
- The arresting officer didn’t have reasonable suspicion to stop you
- There were mistakes made when administering the BAC test
- The BAC test results were mishandled
- The police violated your rights or didn’t follow protocols
Further, depending on the circumstances of your case, you may be eligible for a first-time DWI pretrial diversion program in Texas. Regardless of the circumstances of your case, it’s always in your best interest to consult with an experienced criminal defense lawyer in Texas as soon as possible.
Contact an Attorney For First Time DWI in Houston Today
You should take any DWI charge in Texas seriously, regardless of whether it’s your first offense or not. Working with a proven DWI defense lawyer can drastically increase your chances of decreased charges and/or penalties.
At The Napier Law Firm, we understand Texas DWI laws, how the prosecution works in 1st time DWI cases, and the steps to take to achieve the best possible outcome.
Don’t risk jail time, fines, and a criminal record by representing yourself or working with an inexperienced (or overworked) public defender for DWI charges. Contact an attorney you can trust to get the results you and your family need.
Contact The Napier Law Firm today to schedule your free case evaluation and learn more about top-rated criminal defense attorney serving the greater Houston, TX area.