If you’ve been arrested for DWI in Texas, it’s important to understand the next steps, potential penalties, and available defenses so you can take control of your case and protect your future – even if it’s your first offense.
Key Takeaways:
- DWI penalties for a first offense in Texas can include fines, jail time, license suspension, and mandatory alcohol education classes, with severity depending on factors like BAC and whether aggravating factors were present.
- Common defenses for first-time DWI charges include improper traffic stops, faulty breathalyzer tests, and medical conditions that mimic intoxication.
- An experienced Texas DWI lawyer can help you navigate the legal process, negotiate for reduced penalties, and protect your rights throughout the proceedings.
Getting arrested for a DWI in Texas can leave you feeling confused, overwhelmed, and maybe even a little scared, even if you’ve never been charged with DWI before. You’re probably thinking, “What happens next? Will this ruin my life? How do I deal with this?”
These are all natural thoughts after such a serious charge. In this blog, we’ll break down what happens after a DWI arrest in Texas, the potential consequences, and the defenses that may apply to your case.
The First Step: The Arrest and What Comes Next
After you’ve been arrested for a DWI in Texas, the first thing to know is that your case is just getting started. The police officer who pulled you over likely asked you to take a field sobriety test or a breathalyzer, and now you’re facing the consequences of that decision.
Here’s what typically happens immediately after your arrest:
- Booking and Holding: After your arrest, you were likely taken to jail where you were booked. This includes things like fingerprinting, taking a mugshot, and entering your charges into the system. In Texas, you may have been released on bond or bail, depending on the situation.
- Temporary Driver’s License Suspension: If you refused a breathalyzer or blew over the legal limit of 0.08%, your driver’s license will be suspended automatically. This happens through the Texas Department of Public Safety (DPS), but you can request a hearing to challenge the suspension. You typically have 15 days to request the hearing, so don’t wait to secure legal representation that can work on your behalf to prevent this from taking place!
- Bond Hearing: In some cases, you might have a bond hearing in front of a judge, where they’ll decide if you’re eligible for bail. If the judge grants bail, you’ll be released and can continue with the process from home.
The Next Step: Your Court Date and What to Expect
Once the initial shock of the arrest has worn off, you’ll need to focus on what happens next. You’ll be given a court date for your arraignment, which is typically scheduled a few weeks after your arrest. This is when you’ll formally hear the charges against you.
Here’s a quick look at the process:
- Arraignment: During the arraignment, you’ll appear before a judge, and the charges will be read to you. You’ll also enter your plea, which means telling the court whether you’re pleading guilty, not guilty, or no contest. You and your attorney should discuss at-length what your strategy will be based on your individual situation.
- Pre-Trial Hearings: In some cases, there may be pre-trial hearings to go over evidence and procedural matters. This is also when we’ll file motions to suppress evidence, challenge the traffic stop, or investigate the validity of the field sobriety tests or breathalyzer results.
- Negotiation or Trial: If you plead guilty, you’ll likely negotiate with the prosecution for a lesser sentence or alternative penalties. But if your case goes to trial, your defense attorney will work hard to challenge the evidence and show that there’s reasonable doubt in your case.
What Are the Penalties for a First-Time DWI in Texas?
If you’re convicted of a first-time DWI, the penalties can vary depending on factors like your BAC, whether anyone was injured, and any prior criminal record. Here’s a basic breakdown of what you could face:
- Fines: A first-time DWI conviction can result in fines up to $2,000. There are additional fines if your BAC was over 0.15% or if you caused an accident.
- Jail Time: For a first offense, jail time is typically limited to 3 to 180 days, but it can be avoided with probation or other alternatives if you have a clean record. If your BAC is over 0.15%, the punishment may be more severe.
- License Suspension: For a first offense, your driver’s license can be suspended for up to 1 year. However, you can apply for an Occupational Driver’s License, which allows you to drive for work or essential purposes during the suspension.
- Community Service: You may be required to complete community service hours, usually around 24 to 100 hours depending on your case.
- Alcohol Education: Many first-time DWI offenders must attend alcohol education classes as part of their sentence. These classes teach you about the dangers of drinking and driving and can often help reduce the severity of your punishment.
Possible Defenses for a First-Time DWI
Just because you’ve been arrested doesn’t mean you’re automatically guilty. There are several defense strategies that may apply to your case, and a qualified Texas DWI lawyer can help you explore them. Here are a few common defenses for first-time DWI charges:
- Improper Traffic Stop: The officer must have probable cause to pull you over. If the stop was made without reasonable suspicion, any evidence collected during the stop may be inadmissible.
- Faulty Breathalyzer or Field Sobriety Tests: Breathalyzer tests are not infallible. If the equipment was malfunctioning or improperly calibrated, the results may not be valid. Similarly, field sobriety tests are subjective and can be influenced by many factors (such as poor weather or uneven ground).
- Lack of Evidence: In some cases, the prosecution may not have enough evidence to prove that you were actually intoxicated while driving. Our job is to challenge the evidence and create doubt where it counts.
- Medical Conditions or Medications: Certain medical conditions or prescription medications can cause symptoms similar to intoxication. If you were impaired due to a medical condition or medication, we can use that as a defense.
- No Reasonable Suspicion or Probable Cause: If the officer didn’t have a valid reason to stop you or arrest you, we can argue that the charges should be dropped.
How a Texas DWI Lawyer Can Help You
If this all feels a little overwhelming, don’t worry – you don’t have to do this alone. A skilled Texas DWI lawyer can help you navigate the legal process, protect your rights, and build the best possible defense. Here’s how:
- Investigation: Your attorney will carefully review the details of your arrest, from the traffic stop to the breathalyzer test, to make sure all procedures were followed correctly. If anything was missed or mishandled, they can challenge the evidence.
- Negotiation: In many cases, they can negotiate with the prosecution to reduce the charges or get you a plea deal with lesser penalties. If your case goes to trial, they can represent you in court.
- License Protection: They will work to protect your driving privileges, including filing for an Occupational Driver’s License if necessary.
First-Offenses Are Still Serious, So Don’t Wait to Get Representation. Learn How The Medlin Law Firm Can Give You An Advantage.
If you’ve been arrested for DWI in Texas, taking action early is crucial to building a strong defense and minimizing penalties. Your freedom, career, and future are too important to leave to chance, and cases like these are our bread and butter here at The Medlin Firm.
With over 85 years of collective experience, over 2500 case wins, and former prosecuting attorneys and law enforcement officers on our team, we know the system backwards and forwards. This doesn’t have to define the rest of your life – let us take care of you. Book your free case evaluation today to get the protection you need.
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