What Happens with a First-Time DWI in Texas?
First-Time DWI in Texas: Penalties and License Suspension
A first-time DWI in Texas is not simply a traffic ticket. Under Texas Penal Code § 49.04, a standard first DWI is generally a Class B misdemeanor, carrying 72 hours to 180 days in jail and a fine of up to $2,000. However, certain circumstances can increase the seriousness of the charge and potential punishment.
If an alcohol concentration of 0.15 or more is shown at the time of testing, a first DWI is generally elevated to a Class A misdemeanor. A Class A misdemeanor carries up to one year in jail and a fine of up to $4,000. (Texas Penal Code Chapter 49)
A DWI involving a passenger younger than 15 years old can be prosecuted as a state jail felony under Texas Penal Code § 49.045, even when the person has no prior DWI conviction. The potential consequences are substantially more serious than those associated with a standard first DWI.
Your Driver's License Is a Separate Issue
A DWI arrest can create two separate legal matters: the criminal DWI case and the Administrative License Revocation (ALR) process.
The criminal case determines whether the State can prove the DWI charge beyond a reasonable doubt. The ALR process is a separate administrative proceeding involving the person's Texas driver's license.
The license case can move forward while the criminal DWI case is still pending. You do not necessarily have to wait for the criminal case to be resolved before taking action to protect your driving privileges.
The 15-Day ALR Deadline
One of the most important deadlines following a DWI arrest can involve the ALR process. In many cases, a person has 15 days after receiving the applicable suspension notice to request an ALR hearing with the Texas Department of Public Safety.
The deadline is not simply 15 days from the date of arrest in every case. The applicable notice and circumstances of the suspension determine when the deadline begins. Because the time to request a hearing can be short, anyone who receives an ALR-related notice should review it immediately.
A timely hearing request can allow the driver to challenge the proposed suspension and, depending on the circumstances, delay the effective date of the suspension while the administrative case is pending.
What to Do After a Dallas DWI Arrest
If you or someone close to you has recently been arrested for DWI in Dallas, it is important to understand that the criminal case and driver's license case move on separate tracks.
The defense may need to address:
The legality of the traffic stop
The circumstances of the arrest
Field sobriety testing
Breath or blood test evidence
Body-camera and dashcam footage
The applicable ALR deadline
Potential driver's license suspension
Any aggravating circumstances that could increase the charge
Evidence that may need to be preserved
Early legal review can be important because the State's evidence and the driver's license process can begin developing before the criminal case is resolved.
If you are facing a first-time DWI in Dallas, a Dallas DWI lawyer can review both the criminal charge and any driver's license consequences, explain the deadlines that apply to your situation, and help you understand your legal options.
Dallas DWI Lawyers
325 North St Paul Street, Suite 3100, Dallas, TX, 75201