What Kind of Penalties Do I Face for My First Arrest?

You could face criminal and administrative penalties for a DWI conviction, even your first.

Administrative penalties revolve around the loss of your drivers' license which are connected to the DMV. At your arrest (before even going to trial), your drivers' license will be suspended for at least 90 days and up to 180 days by the arresting officer. This suspension can be contested however by your attorney. You need to act quickly after your arrest to schedule a hearing to challenge your suspicion and argue that police had no right to stop you and you were not intoxicated.

There is a mandatory 180 suspension if you refuse to submit to a chemical test as well. You are required to submit to such tests when asked under the Implied Consent law.

While atypical, courts may still require you to install and maintain an Ignition Interlock Device in your vehicle for your first DWI as well.

What are the possible criminal penalties?

For a first offense, it is possible to be incarcerated for up to 180 days but for at least 3. How long your sentence will last depends in large part on the details of your case such as if your blood alcohol level was especially high; that is, more than 0.16.

You can also be fined for your DWI by up to $2,000. Again, the exact amount can be more in reality based on the circumstances, even up to $10,000. As part of the state DWI surcharge program, you can also be forced to pay $1,000 each year for three years. With a blood alcohol of 0.16, your yearly surcharge is increased to $2,000.

Even after serving time and paying all relevant fines, your first DWI will remain on your record for ten years and each subsequent DWI conviction within those ten years will be counted as second and subsequent offenses resulting in longer prison sentences and higher fines.

Your DWI charge can be contested, and as a Collin County DWI lawyer, I can challenge any part of your arrest. I practice DWI law exclusively and understand the laws regarding drunk driving in Texas very well. My track record of success means you should turn to me when you have been arrested for DWI.

Call on my firm to set up your free case evaluation and learn how I can help you.