DWI First Offense 

So, you made a mistake and got busted for a first-time DWI in Montgomery County, Texas.  At first, it was a stressful ordeal but after a few days, things seem to be back to normal.  But the worst is yet to come.  Even if you’ve never been in trouble before, a DWI First Offense carries serious legal, professional, and personal consequences that can turn your life upside down.    

Assuming you can navigate this without experienced legal help could be a costly mistake.  This is especially true in Montgomery County, where prosecutors, judges and law enforcement treat DWI First Offense charges as a top priority. 

Put simply, time is not on your side.  The first days and weeks after a DWI first arrest are a critical time and your actions can make the difference between: 

• A conviction that follows you in every background check, or a dismissal or reduction 
• Losing your license without a fight, or preserving your right to drive 
• A permanent stain on your professional and personal life, or a path forward with options 

Andrea M. Kolski and her team at Nonstopjustice PLLC, have successfully won DWI First Offense cases for over 25 years.  In addition to criminal defense, Andrea focuses a large part of her practice to Texas DWI defense and is especially skilled at DWI first offense cases in Montgomery County. She is a former Harris County prosecutor, a respected local defense lawyer and a trial attorney clients and peers describe as a “pit bull in the courtroom.” 

Her goal in every DWI first offense case is simple: full dismissal. With decades of experience and aggressive representation, Andrea works for the best outcome achievable while protecting the rights of the accused. 

It’s You vs.The Full Authority of the State  

It can be tempting to overlook the impact of a DWI first offense on your life.  Many first time defendants are unaware of the powerful legal forces at work against them. 

National data from the Bureau of Justice Statistics shows that defendants represented by privately retained counsel are, on average, less likely to be incarcerated and often receive shorter sentences than similar defendants with court-appointed counsel. Studies and court statistics in various states also show that defendants who represent themselves are convicted more often and receive harsher outcomes compared to those represented by private attorneys. 

Public defenders and court appointed lawyers can be dedicated and talented, but they often carry extremely heavy caseloads. In practice that can mean: 

• Less time to investigate your case 
• Less opportunity to challenge every weakness in the State’s evidence 
• More pressure to accept “standard” plea deals rather than push for dismissals or trials 

When you represent yourself, the problems multiply. You are held to the same rules of evidence and procedure as any lawyer, but without the training or experience. You are up against prosecutors who handle DWI cases every day and police officers trained specifically in DWI investigations and testimony. 

A professional DWI defense attorney like Andrea Kolski brings many advantages to every case.  As a private lawyer, Andrea limits her caseload, invests in the science and strategy of DWI practice and carefully builds a customized defense plan for your case. For a DWI first offense, that can mean the difference between a conviction that haunts you and a resolution that protects your future. 

Texas DWI First Offense Law: The Basics 

Texas law on driving while intoxicated is found primarily in Chapter 49 of the Texas Penal Code. 

Under Texas Penal Code section 49.04, a person commits the offense of DWI if the person is intoxicated while operating a motor vehicle in a public place. 

“Intoxicated” is defined in Texas Penal Code section 49.01 as either: 

1. Not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances or any other substance, or 

2. Having an alcohol concentration of 0.08 or more. 

For a first DWI offense without aggravating factors, the charge is usually a Class B misdemeanor. The statutory range of punishment includes: 

• Up to 180 days in the county jail 
• A fine of up to 2,000 dollars 
• Possible driver’s license suspension 
• Court ordered conditions such as community supervision (probation), DWI education and community service 

However, the law becomes harsher quickly if certain facts are present, even for a first offense: 

• If your alcohol concentration is 0.15 or higher, Texas Penal Code section 49.04(d) allows the charge to be enhanced to a Class A misdemeanor, with up to 1 year in jail and up to a 4,000 dollar fine 
• If you had a child passenger younger than 15 in the vehicle, Texas Penal Code section 49.045 makes that DWI with child passenger, a state jail felony with far more serious penalties 

On top of the criminal case in court, Texas has a separate administrative process that can suspend your driver’s license even if your criminal case is ultimately dismissed. 

Under Texas Transportation Code Chapters 524 and 724, you face an Administrative License Revocation (ALR) if: 

• You refuse to submit to a breath or blood test, or 
• You submit to a test and it shows an alcohol concentration of 0.08 or more 

In most DWI first offense cases, defendants have only 15 days from the date they received a notice of suspension (often the date of the arrest) to request an ALR hearing. If you miss this deadline, your license can be suspended automatically. 

Many first-time defendants lose their licenses this way simply because they did not act quickly or did not understand the process. 

An experienced DWI first offense attorney can: 

• Request and handle the ALR hearing for you 
• Cross-examine the arresting officer 
• Seek to prevent or shorten the suspension 
• Use testimony and information from the ALR hearing to strengthen your criminal defense 

Penalties and Long-Term Consequences of a First DWI Conviction 

For a first DWI conviction, Texas law authorizes a range of penalties beyond jail and fines. Depending on your case and the judge, you could also face: 

• Community supervision (probation) lasting up to 2 years 
• Conditions such as alcohol evaluation, treatment or counseling 
• Community service hours 
• Attendance at a state approved DWI education or intervention program 
• Court costs and supervision fees 
• Installation of an ignition interlock device on your vehicle in some cases 

These are the formal penalties. The real impact often goes much further and lasts much longer. 

A DWI conviction creates a criminal record. In most cases, a DWI is not eligible for traditional expunction. Some first offenders may later qualify for an order of nondisclosure under certain conditions, but that is not guaranteed and depends heavily on how the case is resolved. 

That record can affect: 

• Employment. Many employers run background checks. A DWI conviction can cause you to lose a job offer, be passed over for promotion or even lose your current position, especially in fields like transportation, healthcare, education, oil and gas, financial services and government. 
• Housing. Landlords and property managers commonly use third party screening services. A DWI on your record, even as a first offense, can lead to application denials, higher deposits or more restrictive lease terms. 
• Professional licenses. Nurses, teachers, real estate agents, financial professionals and many others must report convictions to licensing boards, which can launch investigations or impose discipline. 
• Insurance. Auto insurers often raise rates significantly after a DWI conviction and some companies may refuse to renew your policy. 
• Immigration and travel. For non citizens, even a first DWI can create complications with immigration status, visa applications and international travel. 

There is also a real personal stigma. Friends, family, colleagues and community members may see you differently. Your arrest and case information may appear in online court records or local news, which can be difficult to erase. 

A first DWI conviction also sets you up for much harsher treatment if you are ever arrested again. Texas law uses prior DWI convictions to enhance later charges. What looks like a “minor” first conviction today can turn a future arrest into a serious misdemeanor or felony with mandatory jail time. 

For all of these reasons, Andrea Kolski’s primary goal in a DWI first offense case is to avoid a conviction whenever possible through dismissal, acquittal or resolution that protects your record as much as the law allows. 

How a Strong Defense Strategy Can Change a First Offense Case 

Many people think DWI cases are impossible to fight, especially when there is a breath or blood test. In reality, first offense DWI cases are often very defensible when a skilled lawyer digs into the details. 

Andrea Kolski and her team approach a first offense DWI by examining: 

• The traffic stop. Did the officer have a lawful reason to pull you over under the Fourth Amendment and Texas law 
• The investigation. Was there reasonable suspicion to extend the stop into a DWI investigation, and did the officer follow training and legal requirements 
• Field sobriety tests. Were standardized field sobriety tests administered according to National Highway Traffic Safety Administration (NHTSA) protocols, and were the results accurately interpreted 
• Warnings and consent. Were you properly advised of your rights and the consequences of refusing or taking a breath or blood test 
• Breath testing. Was the machine properly maintained, calibrated and operated, and do records reveal issues that can cast doubt on the result 
• Blood testing. Was the blood draw lawful, was the chain of custody intact and did the lab follow scientifically sound methods free from contamination or error 

Flaws or illegalities in any of these areas can be used to file motions to suppress evidence, to impeach the credibility of officers or experts and to negotiate better outcomes. In some DWI first offense cases, the evidence becomes so weak that the State will agree to dismiss, reduce the charge or offer a resolution that avoids a conviction. 

Even when dismissal is not realistic, a thorough defense can lead to: 

• Reduced charges 
• Agreements that preserve eligibility for nondisclosure in the future 
• Less onerous conditions and shorter supervision terms 
• Alternatives that protect your job and license 

A first offense is often your best chance to protect your record and minimize long term damage. That requires a lawyer who knows how to look past the surface and fight for every advantage. 

Clients Trust Andrea M. Kolski for DWI Defense 

Montgomery County DWI first offense attorney Andrea M. Kolski offers the kind of focused, aggressive representation that gives you the best chance to avoid the harsh consequences of a DWI conviction. 

You are not hiring a general practitioner who occasionally appears in criminal court. You are hiring a seasoned criminal trial lawyer with: 

• Over 25 years of practice in Texas criminal law 
• Extensive experience handling first offense and repeat DWI cases in Montgomery County and surrounding areas 
• A background as a Harris County prosecutor, giving her insight into how the State builds and evaluates DWI cases 
• Service as president of the Montgomery County Criminal Defense Lawyers Association, reflecting the respect she has earned from other defense attorneys and from the local legal community 
• A reputation as a “pit bull in the courtroom” who prepares thoroughly and fights relentlessly for her clients 

DWI Dismissal or the Best Outcome Possible 

From your first meeting, Andrea’s focus is clear: protect you, your record and your future as completely as the facts and law allow. 

Her goal is dismissal whenever it can be achieved. When dismissal is not realistic, she works to obtain outcomes that protect your ability to work, drive and live your life with as little disruption and long-term damage as possible. 

Stop Worrying and Get The Best DWI Defense 

A first DWI arrest does not have to define your life. With the right attorney, you can confront the charge head on, assert every possible defense and work aggressively for an outcome that protects your record, your rights and your plans for the future. 

If you or a loved one is facing a DWI first offense in Montgomery County, Texas, the worry and stress can be overwhelming.  Hiring an experienced DWI lawyer like Andrea Kolski can help you breathe easy knowing you’ve got a proven fighter in your corner.  

Contact our office today to schedule your confidential consultation and take the first step toward protecting your reputation, your freedom and your future.