Are you facing charges for your first driving while intoxicated (DWI) offense? If so, you’ll be curious to know what you’re up against exactly and what a DWI conviction could mean to your future. A first DWI in Texas is a Class B misdemeanor under Section 49.04 of the Texas Penal Code. Under Sec. 49.04 it states, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
Under Texas law, there are two ways someone can be guilty of DWI whether the defendant does or does not submit to a chemical test: 1) drivers who do not have the normal use of their physical or mental faculties due to the introduction of alcohol or drugs, or a combination of alcohol and drugs, or 2) drivers who have a blood alcohol concentration of 0.08 percent or above.
Penalties for a first-time DWI offense in Texas:
- A maximum fine not to exceed $2,000.
- Up to 180 days in jail.
- Up to a one-year driver license suspension.
- An annual fee up to $2,000 for three years to keep one’s driver license.
While a first DWI offense is typically a misdemeanor, with the presence of “aggravated circumstances,” it can be prosecuted as a felony. For example, if the impaired driver causes serious bodily injury or death as a direct result of impaired driving, he or she can be charged with intoxication assault under Sec. 49.07, or intoxication manslaughter under Sec. 49.08 of the Penal Code.
Related: ALR Process for DWI
A first DWI can be charged as a state jail felony under Sec. 49.045 of the Texas Penal Code if the someone drives under the influence of alcohol or drugs, or a combination of alcohol and drugs while having a child passenger under the age of 15 in their vehicle.
Are you facing DWI charges in Plano, Dallas or Fort Worth? If so, contact The Zen Law Firm for a hard-hitting defense.