Alcohol is big business in the US. It’s advertised heavily during sports events, endorsed by celebrities, and sold at virtually every non-fast food restaurant throughout the country. Texas is no exception in the big business of alcohol sales and distribution. Texas also fills its revenue on the other side of the alcohol business with thousands of DWI arrests and convictions every year. With some of the highest conviction rates in the US, Texas courts can be especially brutal for those charged with a DWI.

A DWI in Texas is not only big business for the state, it’s also serious business for anyone facing a first DWI charge. A first DWI in Texas is a class B misdemeanor. If you receive a conviction, it could cost you thousands in fines and up to six months in county jail. Beyond the fines and jail time, there are other, longer lasting costs as well. These include missing work, having a DWI on your record for all to see, and the potential denial of employment, especially side gigs like rideshare driving or delivery.

If you or a loved one were pulled over for driving under the influence in Texas, it’s important to know your rights. Read this guide to a DWI 1st offense and what ways to minimize the DWI impact on your life.

What are the Penalties for a First DWI in Texas?

Texas DWI penalties are intended to deter driving under the influence. While the connection between harsher punishments and safer roads is debatable, the consequences for a DWI offender are unquestionably serious. In Texas, a first-time DWI offender is very likely to face administrative penalties even before they go to court. If they go to court and receive a first DWI conviction, they are likely to face significant criminal penalties.

First Penalty: The Seizure of Your License

Texas has very little in the way of public transportation. Even the largest cities like Houston, Dallas, or Austin have few public transportation options available to get around town. Therefore, Texans are usually dependent upon driving a vehicle to work or any other activity. So, having a valid drivers license in Texas is critical to daily life and losing a drivers license due to a DWI can be devastating.

When pulled over, if a driver fails a chemical test or refuses to take one, then Texas law allows the officer to take your license. The driver will then receive a “Notice of Suspension” from the officer. The notice enables you to drive because it is functionally a temporary driving permit.

A driver may be innocent but they will have to prove that in court or through specific procedures outlined by the county. That can takes weeks or months and most of us don’t have that kind of time to go without a license or settle for a temporary one. Can you appeal the license suspension? Yes, if you choose. In certain circumstances, it’s possible to continue driving on your temporary permit until you attend the hearing and the board makes a final decision.

However, if you fail to properly contest the decision, your license is automatically suspended for 90 to 180 days. The 90 days begins on day 41 after your arrest.

It’s unlikely to lose all your driving privileges for a first time DWI, but there are no guarantees. First-time offenders have the option to apply for an “occupational license.” It allows you to continue to drive to work, school, and places like the pharmacy, doctor, and grocery store. An experienced Texas DWI lawyer can help navigate this process so that you can avoid missing work or other activities.

In many cases, a DWI lawyer can acquire an occupational license if you agree to an ignition interlock device (on every vehicle in your name), and you’re able to provide evidence of responsibility (job, class attendance, etc.).

Second Penalty: The Criminal Penalties

Texas DWI first convictions are generally classified as a class B misdemeanor. There are exception such as a blood alcohol content of .15 percent – the legal limit is 0.08 percent. In those cases, the DWI will often be moved up to a class A misdemeanor.

Upon conviction, you can receive either a fine or a jail sentence – or both. The maximum penalties are $3,000 (for class B) and $6,000 (for class A). A jail sentence may range from 72 hours to six months (one year for class A).

The fine and jail sentences are standard, but there’s more – even for a first conviction.

If convicted of a DWI in Texas, the court may also require the following:

• Probation
• Community service
• DWI education
• Further license suspensions (90 days to one year)

If you get your license back, you will also pay an annual surcharge on your license for three years. The typical penalty surcharge is between $1,000 and $2,000.

Further Penalties: Injuries, Children in the Car, Etc.

The penalties listed above only cover the DWI itself. However, if other circumstances are present, there may be additional penalties adding to the severity of the DWI charge.

For example, if you are caught driving under the influence with a minor in the car, then you face increased penalties. Driving with someone under 15 in the vehicle is a felony and your fine can grow to $10,000. It’s also punishable with up to two years in jail.

If you get in an accident and someone dies, then you can be charged with Intoxication Manslaughter, which is a second-degree felony.

What About Implied Consent?

There’s alot of confusion about a drivers rights and Texas law enforcement “no-refusal” tactics. The first time you get pulled over, you might wonder whether it’s worth it to take the field sobriety test. Texas uses the implied consent policy that was designed to punish those who refuse to take a chemical test. However, some courts around the state have been inconsistent in how they apply the policy so it’s unclear exactly what to expect. A driver in Texas has the right to refuse chemical or field sobriety tests but they will face a license suspension for doing so.

COMON Defenses for First Time DWIs

Every situation is different and the there is no one-size-fits-all when it comes to defending against DWI charges. The best defense is to never drive while intoxicated. However, if it happens, there are some legal arguments an experienced DWI lawyer may use if you’ve been pulled over while intoxicated. This doesn’t mean they will work every time or that there’s any way to predict the success of these strategies, this is strictly an overview of some typical defenses used by DWI lawyers. There is no way to guarantee results for any legal issue so it’s best to discuss your situation with an experienced DWI lawyer.

If a driver has agreed to a breathalyzer or field test and the results show the driver was over the legal limit, all is not lost. Here are some strategies used by DWI attorneys when defending their clients. Some defenses include:

• Drove drunk out of necessity
• Drove drunk because you had no choice to
• Drove drunk because an officer told you to
• Drove drunk without realizing you were drunk
• Drove drunk without consenting to drink

An experienced DWI lawyer can carefully review the circumstances around the arrest and identify technicalities that could lessen the charges or get the case dismissed altogether.

Some common technicalities include:

• Improper and unlawful traffic stops
• Inaccurate field sobriety tests (including breathalyzers)
• Chain of custody on blood tests

You can refuse a chemical/blood test if the stop was illegal. However, the punishments associated with the refusal still apply and implied refusal enforcement is vague. You will need to beat the DWI charges on the grounds of an unlawful stop and then beat the chemical test refusal charges.

If You Got a DWI, DON’T GIVE UP!

A Texas DWI may seem like a no-win situation but an experienced Texas DWI lawyer could turn the tables in your favor. In fact, lesser charges or complete dismissals are possible with an experienced Texas DWI attorney by your side. Texas DWI attorney Andrea M. Kolski has successfully defended and won countless dismissals and lessened charges for DWI clients.

DWIs are among the most common crimes in Texas, and sometimes drivers don’t take them as seriously until it’s too late. However, treating them as ‘something that happens’ is a mistake because a DWI is a crime and the consequences can be severe.

A DWI starts as a class B misdemeanor. But if you blew a 0.15 or higher, got in an accident, or drove with a minor in the car, it quickly becomes more serious. Even if you didn’t engage in a more serious crime, the first time DWI penalties can get in the way of your ability to go to school, apply for a new job, or keep a job, which can have real consequences for your life.

Are you or a loved on facing a DWI? Click here to get in touch with a criminal defense attorney to help you stay in control of what happens next.

Arrested on DWI charges? If so, that can mean serious trouble both personally and professionally. It makes sense to hire the best DWI lawyer to help you get your life back on track.

There were more than 1 million arrests made in the US for driving while intoxicated in 2019.

Consequences for DWI convictions can be severe encompassing loss of driving privileges, heavy fines, or even jail terms. Convictions leave you with a criminal record which stains your future.

DWI cases are, however, defensible. Therefore, hiring a DWI attorney will be invaluable since they can set up a defense for your case, ensuring you stay out of jail.

The problem for most people lies in confusion caused by the significant number of lawyers they get to choose from. Are you wondering where to start the search for a great DWI lawyer? Worry not.

Below is a step-by-step guide on finding the best DWI lawyer for your case. So read on!

Step 1: Launch an Internet Search

Are you clueless about finding DWI lawyers in your area? The internet is a resource that can be helpful for your local DWI attorney search.

The search is informative in offering local DWI attorney options. DWI laws differ from one state to another. Hence it is imperative to find a local defense attorney.

Include “your city + DWI lawyer” as the search keywords to identify lawyers from your area. Check also to ensure the selected attorneys have worked within the courthouse where your case will be heard.

From the research, come up with a comprehensive list of potential candidates. Your analysis must be in-depth for you to get insight on the DWI case process.

Step 2: Reputation and Experience

With your shortlist at hand, you now need to separate the wheat from the chaff. Assuming that the candidates constitute certified lawyers, you’re left with experience and reputation to vet them.

Most of the criminal attorneys have handled DWI defense before, citing the volume of the cases. Trial experience, however, sets the DWI attorney in a better position to help you. Investigate the win rate for similar past cases to weigh the acquittal probability.

It will be better to hire a reputable DWI attorney since they have been tried and tested. Be on the lookout for fake reviews by checking the company’s reputation on a trusted website.

Benefits of working with a reputable DWI law attorney include their trustable personality, giving you peace of mind.

Step 3: Set Up Consultations

Reaching out to the attorneys and setting up consultations is essential in finding the best Montgomery criminal lawyer. Consultations, whether in person or virtual, allow for the attorneys to answer your questions.

A free consultation will be among the ways your lawyer applies to develop a rapport with you. Make use of the chance to deal with expectations from both parties.

The success of your case depends on the questions you table, including if they know judges and prosecutors in your case. A Montgomery DWI lawyer should be in a position to offer precise answers easily.

Consultations mean to address facts about your case. The best Montgomery County DWI attorney will offer an honest opinion about case specifics.

Consultations work to assist you in making up your mind by creating a realistic view of the case.

Step 4: Request a Quote

Your search for the best DWI attorney is not over until you consider legal fees. Like most things in life, you get what you pay for. Experience and expertise in DWI law only happens with a lot of work. Reputable DWI attorneys won’t be cheap because the years of experience and knowledge make them more effective than lesser attorneys.

Requesting a quote from the potential candidates and comparing them assists you pick services that you can afford. Cheap isn’t necessarily good, especially when it means foregoing the best results. Your focus needs to be on service value offered at reasonable rates.

The charges sometimes will need negotiating a payment plan. Most experienced DWI attorneys work on a flat fee basis. This is actually good for the client because it gives the DWI attorney extra incentive to get the best result in a case with the least amount of hassle. Plus, there is peace of mind knowing that you’ve paid for the full legal services and won’t have any surprise billing hitting you in the future for your case.

A good DWI lawyer will clearly explain the costs involved and what to expect.

Step 5: Personal Attention To Your Case

DWI cases are different, which is why courts handle them uniquely. You’ll want to find a DWI attorney able to manage your specific case.

Your DWI attorney needs to have DWI law among its practice areas to assure you of the best results. In court experience within Montgomery means that the lawyer knows the people involved with your case and hopefully the judge presiding over your case.

It’s smart to discuss how your DWI attorney will handle your case and if they will be with you the entire process. Don’t let the attorney you meet with flip your case to someone else at the firm. Get in writing that they will be handling your case personally. Only settle for DWI lawyers that will see your case through themselves. You deserve only the best, which alleviates your frustration with the justice process.

Step 6: Sign the Attorney’s Engagement Letter

Once you’ve decided on a DWI attorney, you’ll want to confirm it in writing. This way they can begin immediately representing you and begin your defense.

An attorney’s engagement letter includes content legally binding the nature of the attorney-client relationship. The content, including the scope of representation, rate basis, and fee agreement, offers grounds on which the agreement was made.

As an official document, be sure the main details are in order.

Hire the Best DWI Lawyer

Your DWI case does not have to end badly. Hiring the best DWI lawyer can be critical to winning your case. Your attorney should present the best defense to resolve your case for a favorable outcome.

Are you looking for the best Montgomery County DWI attorney you can count on? DWI attorney Andrea M.Kolski is among Montgomery county’s elite defense lawyers. She has been practicing DWI and criminal law for over 20 years and has a record of success second to none. The Law Firm Of Andrea M. Kolski is a client-centered law firm ensuring compassion and tireless defense of the accused. If you or a loved one have are facing charges for DWI in Montgomery County, Texas, Contact us today for a free consultation.

Like many states, Texas has very strict laws when it comes to DWI, or Driving While Intoxicated, and the penalties can be devastating. If you are arrested for DWI, it’s not the time to take the law into your own hands. Your best bet will be retaining a skilled, experienced defense lawyer who specializes in DWI. Still, it helps to have a thorough understanding of what DWI means in Texas and what penalties you might face. An experienced Texas DWI lawyer will provide specific advice that pertains to your case, but here is a general overview of DWI in Texas.

Texas Definition of DWI

Driving drunk or under the influence of drugs is illegal in every state, but each state’s specific laws are slightly different. In Texas, the term “intoxicated” has two different meanings:

• BAC (blood alcohol content) of .08 percent or higher
• Impaired mental or physical faculties due to the consumption of alcohol and/or drugs, even if your BAC is under the legal limit

For drivers under the legal alcohol consumption age of 21, any detectable amount of alcohol in the blood is prohibited, while commercial drivers aged 21 and over are limited to a BAC below .04 percent.

Intoxication Evidence

It’s important to know that while your blood, breath, or urine can and most likely will be checked for the presence of alcohol, you may be charged with DWI based on other evidence of intoxication even if you are below the legal limit. This is typically based on the arresting officer’s observations, such as the smell or physical presence of alcohol, your appearance and behavior, and your performance on one or more field sobriety tests.

DWI Penalties

Texas has escalating penalties for multiple DWIs, and judges have a fair amount of leeway within the sentencing guidelines. In general, your first DWI will be considered a Class B misdemeanor with jail time of 3 to 180 days, a fine of up to $2,000, and a license suspension of 90 to 365 days.

Penalties go up drastically for a second DWI, and by your third DWI, you are looking at potentially being charged with a felony and facing 10 years behind bars. Subsequent DWIs carry even harsher punishments, potentially 25 years to life if you are convicted again after serving two DWI jail terms.

Other factors can also increase DWI penalties, such as the presence of a child in your vehicle, a very high BAC (.15 or above), an open container, or any injury or death that you cause while intoxicated.

Drivers under the age of 21 are prohibited from having any detectable alcohol in their system. A first offense typically carries probation, fines, license suspension, community service, alcohol education, and other penalties, but generally no jail time. However, if the same minor is convicted again, penalties quickly escalate, and the second or subsequent DWI for a minor will very likely carry a jail sentence.

Refusing Chemical Testing

Texas law holds that by operating a motor vehicle, you have given implied consent to chemical testing for alcohol or drugs. Therefore, your license will be automatically suspended 40 days after your refusal, for a period of 90 days to two years, unless you request an administrative hearing within 15 days of your refusal.

DWI Education and Intervention Programs

First-time DWI offenders may be placed on probation in lieu of or in addition to jail time, and must attend a 12-hour DWI education program. The course must be completed with 180 days of the time probation starts, or your license will be revoked.

Repeat DWI offenders are likely to be placed in a 32-hour DWI intervention program along with their penalties. This is a more in-depth program designed to encourage repeat offenders to seek treatment for their alcohol or drug issues. You must complete the program, or your license will be revoked.

Those who are under 21 and are convicted of DWI are normally ordered to complete either an alcohol education program for minors or community service. Whichever is ordered, it must be completed within 90 days to avoid a six-month license suspension.

In addition, the judge may order you to install an ignition interlock device on your car. In this case, you will also have a restriction placed on your license that authorizes you to drive only vehicles with this type of device.

Texas DWI laws are complicated, and tend to side with the arresting officer. Because a DWI charge carries harsh consequences, it is vital to hire a DWI attorney immediately after your arrest. Your attorney can help you request appropriate hearings, communicate with court officials, negotiate a plea deal, and in some cases, even have the charges reduced or dropped. With so much at stake, choose an experienced lawyer with a proven track record of success.

Montgomery Texas Defense Attorney Andrea M. Kolski is past President of the Montgomery County Criminal Defense Lawyer’s Association and has been defending the accused for over 20 years in Texas courts. If you or a loved one are in trouble with the law, you want the best, most aggressive attorney fighting on your behalf. Andrea Kolski’s record of success is second to none and is highly respected among her peers. For more information or to schedule a consultation, contact our office or call us at 832-381-3430.

Texas is especially tough on DWIs and a DWI in Texas carries stiff penalties. There is very little sympathy for offenders who make the mistake of driving while intoxicated. Elected officials and community leaders feel the strict laws are justified. Many cite the high number of alcohol-related cases that hurt or kill Texans every 20 minutes, notes The Right Step.

DWI charges include months-long jail sentences, high fines, and invasive monitoring.

You’ve probably asked: Are there any DWI attorneys near me? Of course, there are thousands of DWI attorneys in Texas. But, hiring the right one can make all the difference in your outcome.

Hiring a good DWI attorney is critical because they can immediately get to work to get the charges reduced or dismissed. Like it or not, hiring the wrong attorney or representing yourself could cost you more in the long run.

This article will explore DWI penalties in greater detail. Let’s explore.

DWI Definition In Texas

Within the confines of Texas law, a DWI involves the operation of a motor vehicle while intoxicated by a mind-altering substance. The offender could be under the influence of drugs or alcohol. When it comes to alcohol, you’ll face a DWI charge if your BAC level is over 0.08%.

For drugs, perpetrators may have consumed illegal drugs that impaired their ability to operate a motor vehicle safely. Prescription drugs that impair the ability to drive are also considered intoxicants.

First Time DWI Offenses

In Texas, a DWI qualifies as a class B misdemeanor. This type of sentence can generally carry up to 180 days in jail and a $2,000 fine.

When it comes to DWIs, a first-time offense typically comes with a sentence of between 12 hours to six months in jail. If you have a BAC of 0.15% or more, you can get up to 12 months in jail. A first-time conviction can carry other long-term consequences, such as:

• A license suspension ranging from 3 to 12 months
• Fines running up to $2,000 ($4,000 if your BAC is more than 0.15%)
• An interlock device installed in your vehicle

An interlock device forces you to take a breathalyzer test before operating a vehicle. You must use the device for a predetermined period dictated by the court.

You may be able to avoid a license suspension if you install this device in your car. On the other hand, you must pay for the device, which can cost between $70 to $150 in Texas. Then, you must pay a subscription fee that costs between $60 to $80 monthly.

Repeat Offenses

For your second offense, expect jail time between 90 to 12 months, with a minimum $4,000 fine. License suspensions will be even longer, lasting anywhere from 180 days to two years.

If you have a previous conviction within the past five years, you must have an ignition device installed in your car for a year. The same stiff penalty will apply to a third-time offense.

For jail time, a third-time offense typically carries sentences of 2 to 10 years. The fine will also be $10,000. License suspensions can stretch from 180 days to two years.

The Cost of a DWI on Your Record

Consider the following lifetime consequences of a DWI:

• An employer could let you go, or you could be denied certain job opportunities
• Your housing options may be limited
• A lender can reject your loan application
• A learning institution can deny you admission

First-time offenders aren’t exempt from these consequences either. Additionally, DWI offenders may fall back into the system for worse crimes.

Since a DWI record can keep offenders in dire circumstances, many commit more serious crimes out of desperation. You can have the record removed, but an expungement comes with its own set of costs.

The Cost of Expungement

For a misdemeanor, the cost of expungement in Texas is up to $1,000. However, expungement can cost you time as well. After you file, expect a hearing in about a month. After, you must appear before the court to plead your case. Overall, it can take six months for the court to reach a verdict.

That said, there are limited circumstances in which expungement is applicable:

• You were a minor who was convicted of a DWI
• Your DWI charges were dismissed
• Police filed DWI charges against you, but the arrest remains on your record
• You beat the DWI charge
• You have a first-time DWI conviction

Recently, Texas has granted expungement hearings to first-time offenders. Regardless of your record, seek a DWI attorney who has experience with expungements for further assistance. They can help you present your case in the best possible light at the expungement hearing.

Sealing a DWI

If you don’t qualify for expungement, sealing the record of your DWI another option. Whereas an expungement eliminates the record, a seal would conceal it. However, various standards apply.

For example, this must be your first DWI offense. Also, your BAC cannot be over 0.15%. Moreover, you cannot have another conviction.

Even if you qualify, you won’t get an immediate hearing. The waiting list for sealed cases can take years, depending on the nature of your case. However, an experienced DWI lawyer may be able to work with the court to get a hearing much sooner. A minimum five-year waiting period will apply if your case involved an interlock requirement.

Avoiding a DWI Is Key

The best way to avoid DWI consequences is to drive free of alcohol and drugs. The fines include court fines, license reinstatement fines, and expungement fines. Above all, a DWI can cost lives, which carries harsher sentences if you take a life while intoxicated.

If you’re asking, “Are there any DWI lawyers near me?” Yes there are and we’re ready to help. Click here to talk to a Texas DWI lawyer about your situation.