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First DWI Arrest? What Happens Next and How to Defend Yourself

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Posted . Updated by Tad Nelson | Drunk Driving, DUI, DWI, DWI & Texas Law

An arrest or conviction for a DWI in Texas can wreak havoc on your life, even if it is your first offense. A conviction for a first offense can result in jail time and have other consequences for your future. If this is the first time you have been arrested, you likely have many questions. Will you have to go to jail? Can your case be dismissed? How much does a DWI attorney cost, and do you need one? Reach out to a League City first offense DWI lawyer for help right away if you have been arrested for DWI. 

What Happens When You are Charged with a First-Offense DWI in Texas?

If you have already been arrested for a first offense DWI, you only have a short amount of time to save your driver’s license. It is also critical that you start crafting your defense right away. The process of a first offense DWI generally includes the following:

  • The traffic stop: Police officers cannot pull you over without reason. They must have reasonable suspicion that you are driving while impaired. They must also have probable cause to arrest you. For example, if an officer noticed bloodshot eyes and smelled alcohol on your breath during the stop, that would give them probable cause to arrest you.
  • Field sobriety tests: Field sobriety tests, such as walking in a straight line, are not mandatory in Texas. An officer may ask you to take them, but it is always advised that you do not, as the results will likely be used against you. You may still get arrested, but you will not face legal penalties for refusing field sobriety tests.
  • Blood alcohol concentration (BAC) tests: Although you are not required to provide a preliminary breath test at the side of the road, you are required to submit to this testing after you are arrested. Under the implied consent law in Texas, refusing a breath or blood test after arrest can result in an automatic driver’s license suspension. Moreover, the refusal will be used against you in court.
  • Custody: If the police officer determines that you are intoxicated, they will arrest you and take you into custody.
  • Vehicle impound: Your vehicle will likely be towed from the side of the road and impounded. This will result in additional fees to get your vehicle back.
  • License suspension: You have just 15 days to request an Administrative License Revocation (ALR) hearing to save your license from suspension, which is a separate process from your criminal case.
Police arresting a man for suspected drunk driving; Tad Nelson & Associates provide top-tier DWI defense in League City, Galveston Cand all of Harris County for situations just like this.

What Happens in Court for a First Offense DWI?

Your arraignment, or first court appearance, will likely be scheduled a few weeks after your arrest. During this court hearing, the following will occur:

  • The judge will advise you of the formal DWI charges against you, inform you of your rights, and ask how you plead.
  • The judge will ask if you have legal representation, if you intend to hire an attorney, or if you require a court-appointed attorney.
  • If applicable, the judge will outline your conditions for bail.
  • The judge will inform you of any restrictions on your travel, alcohol consumption, or driving privileges.
  • Dates for other relevant proceedings are set.

Your League City first offense DWI lawyer can ensure that you are prepared for your arraignment, that you understand the plea you will enter, and that you are aware of your rights and responsibilities.

Is Community Supervision Available for a First Offense DWI?

Community supervision, more commonly referred to as probation, is often available after a first DWI offense. This is particularly true if there are no aggravating factors in your case, such as a very high BAC level. If the judge grants probation, you will be released under supervision for a specific period of time, typically between six months and two years, for a first offense. The court will outline many conditions you must meet during this time, which may include:

  • Meet regularly with a probation officer
  • Submit to random alcohol and drug testing
  • Complete a DWI education program
  • Complete 24 to 100 hours of community service
  • Install an ignition interlock device in your vehicle
  • Pay court costs and fines
  • Maintain enrollment in school or employment

Probation can include you entering a guilty plea and receiving probation instead of jail time. Alternatively, deferred adjudication may also be available. In this scenario, you can avoid conviction after completing all of the probation requirements.

Common Defenses to a First Offense DWI

The specific circumstances of your case will determine the defense strategy your League City first offense DWI lawyer will use. Some of the most common defenses used in these cases are as follows:

  • Challenging the traffic stop: If the police officer did not have reasonable suspicion to pull you over, any evidence obtained from the stop can be suppressed.
  • Issues with chemical testing: BAC tests are not always accurate. Your lawyer may challenge the calibration of the equipment if the test was administered properly. They may also challenge if the officer did not preserve the samples properly. If mistakes are found, it can result in a dismissal of your case.
  • Contradictory video evidence: Video evidence from a dashboard camera or body camera can contradict the testimony of the police officer who pulled you over. This can greatly strengthen your case.
  • Improper procedure: Police officers must follow very specific procedures when making an arrest. If they did not follow proper procedure, such as failing to inform you of your Miranda rights after being arrested and taken into custody, important evidence in your case can be suppressed.
  • Reducing the charge: Your lawyer may be able to get your DWI charges reduced to a lesser offense, such as reckless driving,. whichThis has fewer long-term consequences and can result in your record being sealed in the future.

Our First DWI Offense Lawyer in League City Can Help

DWI charges in Texas should be taken very seriously. At The Law Offices of Tad Nelson, our League City first DWI offense lawyer can review the facts of your case, advise on the best defense strategies for your case, and ensure your rights and future are protected. Call us now at 281-377-7931 or fill out our online form to schedule a free consultation and to learn more about how we can help.