Fort Worth First-Offense DWI Penalties
The penalties for a first-time DWI in Texas may include anywhere from three days to six months in jail and a fine ranging from $100 to $2,000. The typical result is probation without jail time. A person is given a certain amount of jail time, which could be 60 days, and the probation could be suspended after the individual is placed on community supervision or probation for a certain period of time which typically lasts anywhere from one to two years. A person accused of driving while intoxicated may benefit from speaking to an experienced first-offense DWI attorney. A seasoned lawyer could help you avoid the Fort Worth first-offense DWI penalties.
What Happens to a Person’s Driver’s License After a First-Offense?
One of the Fort Worth first-offense DWI penalties is a driver’s license suspension. After a DWI offense, the defendant’s license in Fort Worth could be suspended for 90 days as a penalty for failing a breath or blood test or 180 days for refusing a breath or blood test. They typically have a right to a hearing regarding whether their license is suspended. The suspension typically does not go into effect until 40 days after the date of the arrest.
In Fort Worth, there are no diversion programs for first-time DWI offenders. While there are for many programs for other offenses, probation is typically the result of a first-time DWI.
An attorney could demand a hearing regarding the possible suspension of the accused’s license. By demanding the hearing, that may be able to keep the driver’s license suspension from going into effect so that they could continue driving for until they have the hearing. This hearing could help the defendant avoid some of the penalties for a first-time DWI offense in Fort Worth.
Challenging an Officer’s Claim
An experienced DWI attorney could also use the hearing as a chance to cross-examine the arresting officer to look for mistakes that the officer may have made in the way that they stopped the person, detained the person, or arrested the person. Since an officer may not know these mistakes were made and might not be aware of all of the constitutional requirements and other legal procedures and requirements, they may readily admit these their error at the hearing.
The lawyer may have a written transcript of the officer’s sworn testimony, which could be used to show that the police acted illegally. If this is the case, the judge could throw the case out.
An Attorney Could Fight Fort Worth First-Offense DWI Penalties
An attorney could build their defenses for first-time DWI charges by thoroughly investigating a case. They could get all the materials the district attorney has. This may include video recordings in the form of dashcams, in-car videos from an officer, and body cams from multiple officers at the scene. There also might be recordings of 911 calls or dispatch communication between the officer and dispatcher. Lawyers could gather all these recordings and transcripts and thoroughly review everything for any legal or factual issues that could be worked to the defendant’s advantage. An attorney may also find many constitutional, legal, and factual issues to work with that could be used to get the case dismissed, reduced to a lesser charge, or get a good result and position the accused to have this off their record through expungement or sealing.
If you are facing Fort Worth first-offense DWI penalties, reach out to an attorney today.