First DWI Offense in TX

First DWI Offense in Texas

There’s an adage in medicine that says “minor” surgery is that which is being performed on someone else. The same is true in criminal law. A misdemeanor offense might be referred to as “minor”. But when someone is arrested for driving while intoxicated (DWI) in the state of Texas, even if they’re a first-time offender, the consequences that come from a misdemeanor conviction are still very much life-altering. Even a first DWI offense comes with the following penalties…

A fine that can go as high as $2,000.
Losing one’s driver’s license for up to a year.
At least three days in county jail minimum, with the possibility of a six-month stretch behind bars.

That might be “only” a Class B misdemeanor. It’s still very serious and it now gives the defendant a criminal record. It’s why, before pleading guilty, a defendant should seek the counsel of an experienced attorney.

Attorney George A. Scharmen has spent over 40 years fighting for defendants in DWI cases. Call our office today at (210) 405-9730 or fill out our online contact form to set up a free consultation.

What Happens After a 1st Offense DWI Conviction?

Let’s begin by saying that the ideal outcome is for there to be no conviction in the first place. It has to be emphasized that even a driver’s blood-alcohol content (BAC) level came back at 0.08% or higher—the legal limit in the state of Texas—there are far more options available than most people realize. The constitutional validity of the traffic stop has to be investigated, as does the legitimacy of administering a test.

Even if that holds up, there are numerous ways—including several that are quite commonplace—for a breath or blood test to be wrong. Defendants owe it to themselves to have their lawyer investigate all of this.

But there are cases where the evidence amassed by the District Attorney’s office is strong, and defendants rightly want to know what their options are then. Probation is one possibility.

The Law Offices of George A. Scharmen are nationally recognized in the DWI defense field and has an award-winning staff. We serve both the English and Spanish-speaking communities, offering free consultations and payment plans. Call (210) 405-9730 or reach out here online today.

How DWI Probation Works in Texas

Probation can be granted by either the judge, in the event of a plea agreement, or by a jury, if the defendant is found guilty at trial. A sentence is still issued—for example, a convicted defendant might still receive 180 days in county jail for a first DWI offense. But the probation allows them to be placed under community supervision and oversight, rather than be locked up.

The conditions and length of probation will vary depending on the individual circumstances in each case. Some common conditions are the following:

The defendant cannot drink alcohol, even if they are of legal drinking age.
The defendant will submit to periodic drug testing, with the frequency varying depending on the specifics of each situation.
An ignition interlock device will be installed on the defendant’s vehicle, requiring them to effectively pass a sobriety test before starting their car. This presumes that the defendant is allowed to keep their driver’s license while on probation, another factor that varies in each case.
The defendant will be subjected to random home inspections by their probation officer.
The defendant will meet monthly with their probation officer.
The defendant will continue to be employed and live up to their responsibilities to family and the community.
The defendant will not cross county lines without the permission of their probation officer

A probation will last for at least six months, and could go for as long as two years. The consequences for violating any part of the conditions can result in probation being revoked, which means the original sentence handed down will kick in (i.e., the defendant will likely have to go to jail).

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An Experienced Lawyer You Can Trust

There are cases where probation violations can be misunderstandings. An example might be with the use of the ignition interlock device. The same issues that can give off a false positive on a breath test on a traffic stop can apply with ignition interlock. But in the latter case, the false positive will automatically be reported to the probation officer. Before probation can be formally revoked, there has to be a hearing, and an experienced lawyer can work with defendants to expose any misunderstandings.

We’ve all made mistakes in our life ,and we all take the consequences of those mistakes. But that doesn’t mean we don’t get the opportunity for a real second chance. The Law Offices of George A. Scharmen are committed to helping people through a first DWI offense and getting to that second chance.

Call our office today at (210) 405-9730 or contact us online to set up a free consultation.

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Five-Star Client Testimonials

"He knows the law inside and out and uses that to your advantage."
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"The dismissal saved my career and my professional license."
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