A Guide to Your First DWI and Why You Need a Lawyer
If you’ve been arrested for driving while intoxicated (DWI) in Texas, you’re not alone. First-time DWI charges are one of the most common criminal offenses in Conroe, The Woodlands, Montgomery County, and the greater Houston area. While it may feel overwhelming, understanding what you’re up against and why hiring an experienced DWI lawyer matters can make a huge difference in the outcome of your case.
What Is a DWI in Texas?
Under Texas law, a person commits a DWI offense when they operate a motor vehicle in a public place while intoxicated. Intoxication is defined as not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination thereof, or having a blood alcohol concentration (BAC) of 0.08% or higher.
A first-time DWI is typically classified as a Class B misdemeanor, but the charges can escalate based on certain factors like BAC level, presence of a child passenger, or if an accident occurred. You can learn more about the legal specifics by visiting our DWI defense page.
Immediate Consequences of a First DWI
- Jail Time: Up to 180 days in county jail.
- Fines: Up to $2,000 in criminal fines, plus potential civil surcharges.
- Driver’s License Suspension: Up to 1 year.
- Administrative License Revocation (ALR): Separate from the criminal case, the Texas Department of Public Safety can suspend your license.
You have only 15 days from the date of arrest to request an ALR hearing. Missing this deadline can result in automatic license suspension. For more on this process, visit our page on ALR license suspensions.
Why You Need a Lawyer for Your First DWI
Many first-time offenders believe they can handle their case without legal representation, especially if they feel the evidence against them is strong. However, hiring a DWI attorney is critical for several reasons:
1. Knowledge of Local Courts and Procedures
Griffin & Cain, Attorneys at Law, PC, has extensive experience representing clients in Conroe, Montgomery County, Walker County, and The Woodlands. We understand how local prosecutors handle DWI cases and know the nuances of the court systems.
2. Evaluating the Evidence
A lawyer can challenge the legality of the traffic stop, the accuracy of breath or blood tests, and how field sobriety tests were administered. Any procedural misstep can be used to negotiate reduced charges or dismissal.
3. Negotiating for Lesser Penalties
An attorney may be able to negotiate for deferred adjudication or probation, advocate for an occupational license, or help you qualify for a pretrial diversion program (if available).
4. Protecting Your Record
A DWI conviction can remain on your criminal record indefinitely. A lawyer can advise you on options like expunction or nondisclosure if you qualify later. For more information, visit our section on expunctions.
What Should You Do After a DWI Arrest?
- Document Everything: Write down everything you remember about the stop and arrest.
- Don’t Talk to Police Without a Lawyer: You have the right to remain silent.
- Request an ALR Hearing Immediately: This is time-sensitive.
- Contact a DWI Lawyer ASAP: The earlier you consult an attorney, the better your chances for a favorable outcome.
FAQs About First-Time DWI in Texas
Can I go to jail for my first DWI?
Yes, but many first-time offenders avoid jail through probation or other plea deals.
How long does a DWI stay on my record in Texas?
Indefinitely, unless you’re eligible for expunction or a nondisclosure order.
What if I refused a breath test?
You may face automatic license suspension under Texas’s implied consent laws.
Can I still drive to work after a DWI arrest?
Possibly. An occupational license can grant you limited driving privileges.
Local Representation You Can Trust
At Griffin & Cain, Attorneys at Law, PC, we help clients across Montgomery County, Walker County, Conroe, The Woodlands, and Houston navigate their first DWI offense with experienced, compassionate representation. Every case is different, and we provide personalized legal strategies designed to protect your rights and your future. Schedule a consultation with a DWI attorney today.
