Texas DWI First Offense

Have you recently been charged with drinking and driving in Austin, TX?If so, you are probably worried about what will happen to you. Will you spend time in jail? Will you lose your license? What will your friends and family think if you are convicted of driving while intoxicated?

The most important thing you should do right now is to find an attorney who is experienced with DWI law. This is a complicated field of law, and it is crucial that your attorney is up to date on the newest laws and the best defense strategies.

In Texas, you may be charged with “per se” intoxication if you are operating a motor vehicle, be it a car, motorcycle, or boat, with a BAC (blood alcohol content) of 0.08 percent or higher. Drivers under the age of 21 may be charged with a DWI with any alcohol in their system.

The penalties for DWI are severe, even if this is your first DWI offense. A first offense is a Class B misdemeanor in Texas. You will be sentenced to a minimum of 72 hours in jail, or 6 days if there was an open container of alcohol in your vehicle.

The fines associated with a first DWI offense are costly. While the fines may not exceed $2,000, additional administrative and evaluation fees will be assessed. There is a $1,000 per year surcharge on all DWIs in addition to the regular fines. This surcharge must be paid for three years. If your BAC was twice the legal limit (0.16), the surcharge is $2,000.

If you are convicted of DWI, your driver’s license will be suspended for one year, though you may be granted an occupational license. Issuance of this license is based on “essential need” and will allow you to drive to and from work. You must also complete a 12-hour DWI Education Program within 180 days of receiving probation or your license will be revoked.

You will be sentenced to at least 24 hours of community service but no more than 100 hours.

Do you have questions about your first DWI offense charge? Austin, TX Attorney Ken Gibson can help. Contact Attorney Gibson as soon as possible to receive your free initial consultation.