Getting arrested for a DWI in Texas can feel overwhelming. Between the possibility of jail time, fines, license suspension, and a permanent criminal record, many people are unsure what to do next or how serious the situation really is.
In Texas, driving while intoxicated (DWI) is treated seriously by prosecutors and courts, even for first-time offenders. Understanding the penalties and knowing your legal options early can make a significant difference in your case.
What Is Considered a DWI in Texas?
Under Texas law, a person may be charged with DWI if they operate a motor vehicle while intoxicated by alcohol, drugs, or a combination of substances.
In most cases, a blood alcohol concentration (BAC) of 0.08% or higher can lead to an arrest. However, a person may still face DWI charges even with a lower BAC if law enforcement believes their ability to drive was impaired.
Common situations that can result in a DWI arrest include:
- Failing a field sobriety test
- Driving erratically
- Being involved in an accident
- Having open containers in the vehicle
- Refusing a breath or blood test
- Having a substance in your blood that could lead to loss of mental and physical faculties
Penalties for a First-Time DWI in Texas
A first-offense DWI is usually charged as a misdemeanor, but the consequences can still be serious.
Potential penalties may include:
- Up to 180 days in jail
- Fines up to $2,000
- Driver’s license suspension
- Probation
- Mandatory alcohol education programs
- Increased insurance costs
Additional penalties may apply if:
- Your BAC was significantly above the legal limit
- Statutory Fines of up to $6000 for BAC over .15 (Transp. Code §709.001)
- A child passenger was in the vehicle
- An accident caused injuries or property damage
Even a first DWI conviction can affect employment opportunities, professional licenses, and future background checks.
When Does a DWI Become a Felony?
Some DWI cases in Texas can be charged as felonies instead of misdemeanors.
Examples include:
- Third DWI offense
- DWI involving serious bodily injury
- DWI with a child passenger
- Intoxication manslaughter
Felony DWI charges carry much harsher consequences, including lengthy prison sentences and substantial fines.
Because of the long-term impact of a felony conviction, it is critical to speak with a criminal defense attorney as soon as possible after an arrest.
Common Mistakes After a DWI Arrest
Many people unintentionally damage their defense by making decisions too quickly after being arrested.
Some common mistakes include:
- Admitting fault to police
- Posting details about the arrest online
- Missing court dates
- Waiting too long to contact an attorney
- Assuming there is no defense available
Every DWI case is unique, and evidence such as traffic stops, breath tests, police procedures, and body camera footage should be carefully reviewed.
How a Criminal Defense Lawyer Can Help
A DWI charge does not automatically mean a conviction. An experienced criminal defense attorney may be able to:
- Challenge the legality of the traffic stop
- Review breath or blood test procedures
- Identify constitutional violations
- Negotiate reduced charges
- Seek dismissal when appropriate
- Protect your rights throughout the legal process
The earlier an attorney becomes involved, the more opportunities there may be to build a strong defense strategy.
Speak With a San Antonio DWI Defense Attorney
If you were arrested for DWI in Texas, taking immediate action is important. The prosecution will begin building its case quickly, and delays can affect your defense options.
At Arguelles & Lambert Law Firm, our team helps individuals facing misdemeanor and felony criminal charges in San Antonio and surrounding areas. We understand how stressful a DWI arrest can be and work to protect your rights every step of the way.
Contact us today to discuss your case and explore your legal options.
