First DWI

Many people arrested for a DWI in Tarrant County, TX, have never been arrested before for any offense. Special considerations are given to a person with no prior DWI convictions or no prior record at all. The goal in many of these cases is avoiding a DWI conviction entirely by getting the prosecutor to drop the charge, getting the court to dismiss the charge, or entering into pre-trial negotiations for reduced charges.

Although the lack of a prior record is one important factor considered by the prosecutor. The prosecutor also considers factors that make the offense more serious such as impaired driving that causes an accident, a breath or blood alcohol concentration of .15 or more, a child passenger, or an open container found in the vehicle.

Attorneys in Tarrant County for a First (1st) DWI

A first DWI in Texas will result in a criminal charge for a Class B misdemeanor. With no aggravating factors, a first DWI is punishable by a mandatory minimum term of 72 hours (3 days) in jail. The statutory maximum jail sentence the court can impose is 180 days in jail according to Chapter 12 of the Texas Penal Code.

Additional punishments for a first DWI can include a requirement that you serve probation (community supervision) to complete the following special conditions:

  1. a fine not to exceed $2,000.00;
  2. court costs;
  3. community service hours; 
  4. monthly reporting to a probation officer; 
  5. a requirement to attend an approved alcohol and drug educational program' 
  6. DWI school; and
  7. confinement in jail of 72 hours to 180 days. 

The court may probate the jail sentence and waive the driver license suspension for a first offense ONLY. Possession of an open container of an alcoholic beverage increases the minimum term of confinement to 6 days.

If you are convicted of a DWI, even for a first offense, the court will impose a driver's license suspension for 90 days to 12 months.

This article was last updated on Friday, April 21, 2017.

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