San Antonio First Offense DWI Defense Lawyers – Protecting Your Rights & Future

Facing Your First DWI in Texas? Here’s Why It’s a Serious Legal Crisis

Being arrested for your first Driving While Intoxicated (DWI) charge in Texas is a frightening and overwhelming experience. While often referred to as a “first offense,” do not be misled—this is a serious criminal misdemeanor with penalties designed to punish and deter. A conviction is not a simple traffic ticket; it carries the potential for jail time, significant fines, driver’s license suspension, and a permanent criminal record. At Barton & Associates, we understand the shock, embarrassment, and fear that follow a first-time arrest. Many of our clients are upstanding citizens, professionals, and parents who made a single, serious mistake. However, the Texas legal system treats DWI with zero tolerance, and prosecutors will aggressively seek a conviction. Your immediate priority must be to protect your driving privileges, your clean record, and your future. With the right legal defense, a first-time DWI charge can often be fought, reduced, or resolved in a way that minimizes the long-term damage to your life.

Understanding the Charge: What is a First Offense DWI in Texas?

Under Texas Penal Code § 49.04, a person commits DWI if they are intoxicated while operating a motor vehicle in a public place. “Intoxicated” is legally defined in two ways:

1. Not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or any other substance into the body; OR
2. Having an alcohol concentration of 0.08 or more.

Key Facts About a First DWI:

1. It is a Class B Misdemeanor. However, if your blood alcohol concentration (BAC) is 0.15 or higher, it is enhanced to a Class A Misdemeanor with increased penalties.
2. You can be charged even if you are not “drunk.” The “loss of normal use” standard is subjective and can be argued by an officer based on driving, appearance, and field sobriety tests, regardless of your exact BAC.
3. Refusing a breath or blood test has consequences. Under Texas’s “implied consent” law, refusal triggers an automatic driver’s license suspension and can be used against you in court, but it may also deprive the state of its strongest evidence.

The Real Penalties of a First-Time DWI Conviction

The direct penalties imposed by the court are substantial, but the collateral consequences that follow you for years can be even more damaging.

Direct Criminal Penalties (Class B Misdemeanor):

• Jail Time: 72 hours to 180 days in county jail. While jail time may be probated (suspended), many counties now mandate a minimum 72-hour stay as a condition of probation.
• Fines: Up to $2,000, plus hundreds more in court costs and fees.
• Driver’s License Suspension: A 90-day to 1-year suspension of your Texas driver’s license.
• DWI Education Program: Mandatory completion of a state-approved 12-hour DWI education course.
• Community Service: Often 24 to 100 hours.

Enhanced Penalties for High BAC (0.15 or above – Class A Misdemeanor):

• Jail Time: Up to 1 year in county jail.
• Fines: Up to $4,000.
• Ignition Interlock Device: Likely required if probation is granted.

The Hidden, Long-Term Consequences:

• Permanent Criminal Record: A DWI conviction will appear on every criminal background check conducted by employers, landlords, and licensing boards for the rest of your life.
• Skyrocketing Insurance Costs: Your auto insurance premiums will likely double or triple and remain high for 3-5 years, costing you thousands.
• Professional Licensing Issues: Nurses, teachers, pilots, attorneys, real estate agents, and many other professionals must report a misdemeanor conviction to their licensing board, which can result in disciplinary action, fines, or suspension.
• Immigration Problems: For non-U.S. citizens, a DWI conviction can jeopardize visa status, green card applications, and naturalization.
• Personal and Social Stigma: The label can affect personal relationships and community standing.

The Two Cases You Face: Criminal and Administrative

Many people do not realize that a DWI arrest triggers two separate legal actions:

1. The Criminal Case: The state of Texas vs. you, heard in a county or district court, determining guilt and criminal penalties.
2. The Administrative License Revocation (ALR) Case: The Texas Department of Public Safety (DPS) vs. your driver’s license. This is a civil proceeding to suspend your license.

The Critical 15-Day Deadline: You have only 15 calendar days from the date of your arrest to formally request a hearing to fight the automatic suspension of your license. If you miss this deadline, your license will be suspended 40 days after your arrest with no opportunity to contest it. An experienced DWI attorney will handle this request immediately.

Common Defense Strategies for a First Offense DWI

At Barton & Associates, we believe every case is defensible. Our approach is to meticulously examine the evidence and challenge the state’s case at every possible point.

Core Defense Strategies Include:

• Challenging the Traffic Stop: The officer must have had reasonable suspicion of a traffic violation or crime to legally pull you over. If the stop was unlawful, all evidence gathered after it may be suppressed (thrown out).
• Attacking the Field Sobriety Tests (FSTs): The standardized tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are highly subjective and improperly administered more often than not. We use the National Highway Traffic Safety Administration (NHTSA) manuals to challenge the officer’s procedures and conclusions.
• Challenging the Breath or Blood Test Evidence: This is a scientific and technical battleground.
  • Breath Tests: We subpoena the maintenance, calibration, and diagnostic records of the Intoxilyzer machine. Malfunctions or improper calibration can invalidate results.
  • Blood Tests: We scrutinize the chain of custody of the blood sample, the qualifications of the person who drew it, and the forensic methods of the lab. We may seek independent retesting.
• Raising “Reasonable Doubt”: We present alternative explanations for the officer’s observations. Poor driving could be due to fatigue, distraction, or a medical condition. Slurred speech could be a natural speech pattern or nervousness. Bloodshot eyes could be from allergies, fatigue, or contact lenses.
• Negotiating for a Favorable Outcome: For first-time offenders, we often negotiate for pre-trial diversion (deferred adjudication) or a reduction to a lesser offense like Obstruction of a Highway (which is not a DWI). These outcomes can keep a conviction off your permanent record.

Your Critical First Steps After a DWI Arrest

What you do in the hours and days after your arrest can significantly impact your case.

• Write Down Everything You Remember. As soon as you are able, document the entire evening: what you drank and when, where you were, the reason for the traffic stop, what the officer said and did, and your performance on any tests. Memory fades quickly.
• Do Not Discuss Your Case Publicly. Avoid talking about the arrest on social media or with anyone other than your attorney. These statements can be discovered and used against you.
• Contact a DWI Defense Attorney Immediately. Do not wait for your court date. Early intervention allows us to request the ALR hearing, start gathering evidence, and begin building your defense narrative.

Why Choose Barton & Associates for Your First DWI Defense

Your choice of attorney will directly influence the outcome of your case. Our firm offers distinct advantages:

• Former Prosecutorial Insight: Our attorneys have prosecuted DWI cases. We know the strategies, the common pitfalls in police reports, and how to effectively negotiate with district attorneys.
• Focus on Protecting Your Record: Our primary goal for first-time offenders is to avoid a final conviction on your criminal record. We explore every legal avenue to achieve this.
• Personalized Attention and Clear Communication: You will work directly with your attorney, who will guide you through each step, explain your options in plain language, and fight for the best possible resolution.
• Experience with Local Courts: We have extensive experience in courtrooms across our service area, giving us insight into local judges, prosecutors, and procedures that can benefit your case.

Protect Your Future Today: Contact Our Texas DWI Defense Lawyers

A first-time DWI charge is a serious matter that will not simply go away. The consequences of a conviction are real, costly, and long-lasting. Do not make the mistake of pleading guilty without first exploring all your legal defenses with an experienced attorney.

Time is of the essence, especially for your driver’s license.

Contact Barton & Associates today at 210-500-0000 for a confidential case evaluation. We will listen to your story, explain the charges and process, and immediately begin the work of protecting your rights, your license, and your future.

Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000