Dallas First DWI Defense Lawyer

Arrested for a DWI for the First Time in Dallas, TX?

If you or a loved one has been arrested for a first DWI (Driving While Intoxicated) in Dallas, the legal consequences can be overwhelming. A first offense may not seem serious at first glance, but the impact can be far-reaching—resulting in hefty fines, license suspension, a criminal record, and even jail time. At Law Office of Patrick J. McLain, PLLC, our experienced Dallas first DWI defense attorneys are here to help you navigate the legal system and fight to protect your rights, reputation, and future.

Call (214) 238-9392 or contact us online today for a confidential consultation and start building your defense immediately.

What is Considered a DWI in Texas?

In Texas, a person can be charged with DWI if they are found to be operating a motor vehicle in a public place while intoxicated. “Intoxicated” is defined by Texas Penal Code §49.01 as:

• Not having the normal use of mental or physical faculties due to the consumption of alcohol, drugs, or a combination of both, or
• Having a blood alcohol concentration (BAC) of 0.08% or higher.

It’s important to note that you can be charged with DWI even if your BAC is below 0.08% if the officer believes you’ve lost the normal use of your faculties.

A first-time DWI offense is typically classified as a Class B misdemeanor, but certain aggravating factors can elevate the charge. For example:

• BAC of 0.15% or higher: upgraded to a Class A misdemeanor
• Passenger under 15 years old: upgraded to a state jail felony
• Injury or accident involved: can lead to felony charges

The Legal Process After a First DWI

After being arrested for a first DWI in Dallas, several legal steps will follow. These stages can be complex, and without proper representation, your rights may be jeopardized:

1. Arrest and Booking: You’ll be taken into custody, fingerprinted, photographed, and possibly held in jail until bail is posted.
2. Administrative License Revocation (ALR) Hearing: This is a civil proceeding initiated by the Texas Department of Public Safety (DPS) to determine if your license will be suspended. You only have 15 days from the date of arrest to request this hearing.
3. Arraignment: Your first court appearance where you’ll be formally charged and asked to enter a plea. Having an experienced attorney by your side is crucial.
4. Pre-Trial Motions and Negotiations: Your lawyer may file motions to suppress evidence, contest the legality of the stop or arrest, and negotiate with the prosecutor for possible dismissal or reduced charges.
5. Trial or Plea Agreement: If the case proceeds to trial, your attorney will argue your case before a judge or jury. If a plea deal is reached, you may receive a reduced sentence or alternative resolution like deferred adjudication.

First DWI Penalties

The penalties for a first DWI conviction in Texas can be severe and life-altering:

Standard Penalties (Class B Misdemeanor)

• Jail Time: 3 days to 180 days
• Fine: Up to $2,000
• License Suspension: 90 days to 1 year
• Annual Surcharge: Up to $2,000 per year for 3 years (in some cases)
• Probation: Community supervision may include mandatory DWI education classes, drug/alcohol evaluation, and community service

Enhanced Penalties

If your BAC was 0.15% or higher, the offense becomes a Class A misdemeanor, with penalties including:

• Jail Time: Up to 1 year
• Fine: Up to $4,000

Other consequences include:

• Ignition Interlock Device (IID): Required in many cases, especially with a high BAC
• Increased Auto Insurance Rates
• Permanent Criminal Record

A first-time offense doesn’t have to define your future. With a strong defense strategy, it’s possible to avoid the worst penalties or even get the case dismissed.

FAQs About First DWI in Dallas, TX

Can I lose my license after a first DWI in Dallas?

Yes. You could lose your driving privileges through both administrative and criminal processes. To fight the suspension, you must request an ALR hearing within 15 days of your arrest.

Is jail mandatory for a first DWI in Texas?

There is a mandatory minimum jail time of 3 days, but in many cases, especially with legal counsel, jail time can be avoided through alternatives like probation or diversion programs.

How long does a first DWI stay on my record?

A DWI conviction in Texas stays on your criminal record permanently, unless it’s sealed through an order of nondisclosure (only available under limited conditions).

Can a DWI be dismissed in Dallas?

Yes, under certain circumstances. If there were errors in police procedure, faulty breathalyzer results, or lack of probable cause, a skilled defense attorney may be able to get your case dismissed.

Should I hire an attorney for a first DWI?

Absolutely. A first DWI may seem minor, but the long-term impact can be severe. An experienced Dallas first DWI defense lawyer can evaluate the evidence, negotiate with prosecutors, and help you protect your future.

Contact a Dallas First DWI Defense Attorney Today

At Law Office of Patrick J. McLain, PLLC, we understand the stress and uncertainty that comes with a DWI arrest—especially your first. Our dedicated defense attorneys have successfully represented numerous first-time offenders throughout Dallas and the surrounding areas. We focus on personalized legal strategies that aim to protect your license, reduce or dismiss charges, and keep you out of jail.

Contact us today for a consultation at (214) 238-9392.