Charged with a first offense misdemeanor DWI?

The penalties for first time DWI include:

  • 72 hours to 180 days in county jail
  • Driver’s license suspension of 90 days up to 1 year
  • Up to $2000 in fines

A first time DWI offender faces a Class B misdemeanor with up to 180 days in county jail. Almost always this sentence will be probated for a first time DWI offender. This means the person will be placed on probation, usually for a year. It can be longer under certain circumstances but not to exceed two years. While on probation you must follow all the terms of this probation. Failure to do so can result in jail time. Usually the conditions include the following:

  1. Don’t violate the laws of Texas or any other state.
  2. Report to your probation officer as ordered. (usually once a month)
  3. Pay any fines, court costs, and probation fees. (Probation fees alone are usually $60)
  4. Participate in community service. This is set up through your probation officer and your probation will usually require anywhere from 24 to 80 hours to be done over the course of your probation.
  5. You must abstain from alcohol and illicit drug use.
  6. You may not become intoxicated.
  7. You must attend a DWI Education class.
  8. You must attend a Victim Impact Panel presented by M.A.D.D.
  9. You must get a drug and alcohol dependency evaluation.  Depending on the results of this test you may be required to attend a treatment program.
  10.  Maintain a job or be a full time student.
  11.  Support any dependants.
  12.  You may not go into any bars or nightclubs

There may be other conditions including having what is referred to as a Smart Start, Guardian Interlock, or Interlock device put on your vehicle. This device requires that you blow into it to start the vehicle and periodically while you are driving to show that you have not been drinking any alcoholic beverages. This device is sometimes required as a condition of a person to remain on bond. It is usually only required as part of a probation if there is a high breath test.

"I believe that pleading guilty should always be the last resort for anyone accused of a crime.  I will fight for you."

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