Are you being charged with a 1st time DWI in Dallas, TX? The legal process can be confusing, and many people are unsure of what to expect. Police, court dates, and paperwork can all feel overwhelming. Fortunately, you don’t have to do it alone. You have options, and our team can help.
At Texas Defense Firm, our legal team has over 200 years of combined experience. When dealing with being detained and arrested for DUI charges, let our Dallas 1st time DWI lawyers fight for you.
Contact our law office or call (972) 369-0577 today to schedule a consultation.
Why Choose Texas Defense Firm to Help Me if I’ve Been Arrested for a 1st Time DWI in Dallas, TX?
Facing a first-time DWI charge in Dallas, Texas, is usually overwhelming. It can be difficult to know what to do next, especially if you have never had an encounter with law enforcement before.
At Texas Defense Firm, we understand how much is at stake, and we’ll do everything we can to help you. Here’s why you should work with our Dallas DWI lawyers:
- We have over two centuries of combined experience.
- Members of our legal team have been recognized by Super Lawyers, Expertise.com, and other prestigious organizations.
- We have received over 300 five-star reviews on Google.
People come to our firm because we believe every client deserves an advocate who truly understands the local courts and is committed to their case. We’re here for you.
Call our law office today to speak with a Dallas DWI attorney.
Overview of 1st Time DWI in Texas
In Texas, DWI stands for driving while intoxicated (DWI). If your blood alcohol concentration (BAC) is 0.08% or higher, you’ll face a DWI charge. However, you can still be charged with and convicted even if your BAC is under .08.
If a prosecutor can prove that your normal physical or mental abilities were affected and you couldn’t drive safely due to alcohol or drugs — even if your BAC is under the legal limit — you can be guilty of DWI.
What Are the Penalties for a 1st Time DWI in Dallas, Texas?
If you are caught driving while intoxicated in Texas and it’s your first offense, the law usually treats it as a Class B misdemeanor. This means you could spend up to 180 days in the county jail and pay a fine of up to $2,000. Texas law requires you to spend at least three days in jail unless the judge gives you probation.
On top of jail time and fines, you will also lose your driver’s license for 90 days or up to one year.
Enhanced Penalties
Texas law increases the penalties if specific facts make your case more serious.
BAC of .15 or Higher
If your breath or blood test shows your BAC was at least .15, the offense goes up to a Class A misdemeanor. That means you could spend up to one year in jail and owe up to $4,000 in fines. In many cases, the judge will also order you to get an ignition interlock device installed on your vehicle.
Child Under 15 in the Car
Another enhancement happens if you have a child who was younger than 15 in your car. The law treats this as a state jail felony. A conviction for this offense can result in a sentence ranging from 180 days to two years in a state jail facility. The fine can be as high as $10,000. Your driver’s license can be suspended for up to two years.
Staying informed about these punishments can motivate safer driving decisions and help you understand what’s at stake.
What Defenses Can Be Raised if I’m Arrested for a 1st Time DWI?
Being arrested for a DWI is a big deal, but there are ways you can defend yourself. Some common ones include:
Illegal Stop by Police
Police are not allowed to stop you unless they have a valid reason. If a lawyer can show that the officer did not have proper cause to pull you over, anything that happened after the stop could be thrown out by the court, meaning it can’t be used as evidence against you. This could include observations, statements, and results from breathalyzers or blood tests.
Faulty Breathalyzer or Blood Test
Breathalyzers and blood tests are designed to be accurate; however, machines can sometimes malfunction or be misused. Mistakes can occur if a device isn’t calibrated or if someone isn’t properly trained to administer the test. Even certain medical conditions can give a false reading. Introducing these problems can raise doubt about your actual blood alcohol level.
Not Driving
Police need proof that you were driving or in control of the vehicle to charge you with and convict you of a DWI. For example, perhaps you were sitting in your parked car to sober up, rather than actually driving. In this case, it’s possible that you could be acquitted.
Going through a DWI charge can be intimidating, especially for first-time offenders. Each situation is unique, so consult a lawyer to determine if any of these defenses may apply.
If you are facing your first DWI charge in Dallas, take the situation seriously, but do not assume your case is hopeless. There may be ways to contest parts of the arrest, challenge the evidence, or minimize the consequences you’re facing.
Reach out to Texas Defense Firm to schedule a case review with a Dallas 1st time DWI attorney.