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Houston DWI Lawyer > Blog > DWI > Penalties for First Offense DWIs in Texas

Penalties for First Offense DWIs in Texas


There are penalties for drunk driving in Texas, this is true whether a DWI is your first, second, or third offense. If you are wondering what the penalties are for a first DWI offense, connect with a seasoned Houston DWI lawyer.

Your License May be Seized

After you are pulled over, a law enforcement officer may request you take a sobriety test. If you do not pass the test, or if you refuse to take the test at all, it is possible the police officer will take your driver’s license. This is legal under Texas law. In return, you will be given a suspension notice, this notice is a type of temporary driving permit.

Then, you can drive with this temporary permit until your hearing. Or, you can appeal the license suspension. If you choose not to appeal, your driver’s license is suspended for a set period of time.

It is possible for first time DWI offenders to retain some driving privileges when circumstances call for it. Essentially, a first offender can apply for a special license, a type of occupational license that allows them to dive to essential destinations, including work, school, doctor’s appointments, and grocery trips. To secure an occupational license, proof of need is required. This could be documentation of your workplace location or school schedule, for example.

Legal Arguments After a First Offense

Driving while intoxicated is a serious offense, in Texas and around the country. There are a handful of legal arguments to defend yourself, discuss your options with an experienced Houston DWI lawyer.

Possible defenses, depending on the situation:

  • An individual drove drunk because it was necessary, they had not choice.
  • Someone drove under the influence because they were given alcohol without their consent or didn’t realize they had been drinking.
  • The traffic stop was improper or illegal.
  • The field sobriety tests that were given were faulty or administered incorrectly.

It is important to take DWIs seriously. Too often, people dismiss DWIs as not a big deal, but the truth is driving while intoxicated is a crime and severe penalties are possible, including impacting an individual’s ability to drive, secure a new job, and more.

If you are arrested for a second offense, the penalties increase. There could be jail sentences, fines, probation, driving education, and extended driver’s licenses suspensions. Even when you can get a license back, there could be an annual surcharge. Many find the boosted charge to be $1,000-$2,000 annually.

Plus, there are increased penalties when a person is arrested for driving under the influence and a minor is in the vehicle. Fines and jail times increase.

Are you wondering what will happen now that you or someone you love has been charged with a Texas DWI? Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.


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