UBCNews - Business - Facing First-Time DWI Charges? What Texas Defense Attorneys Say You Need to Know

Episode Date: February 24, 2026

Welcome back to the podcast, everyone. Today we're tackling something that, honestly, a lot of folks don't think will ever happen to them until it does. We're talking about first-time DWI charges in Texas. And if you or someone you know is facing this, you need to understand what you're up against. Joining me is a legal expert who's seen these cases from every angle. Thanks for being here. Texas Criminal Defense Group City: Lubbock Address: 1001 Texas Ave. Website: https://texascriminaldefensegroup.com/

Welcome back to the podcast, everyone. Today we're tackling something that, honestly, a lot of folks don't think will ever happen to them until it does. We're talking about first-time DWI charges in Texas. And if you or someone you know is facing this, you need to understand what you're up against. Joining me as a legal expert who's seen these cases from every angle. Thanks for being here.

Thanks for having me. Yeah, you know, it's one of those situations where people think, I'm not a criminal, but suddenly they're being treated like one. And Texas doesn't mess around with DWI charges, even if it's your first offense. Right, and I think that's the first thing people need to hear. Just because it's your first time doesn't mean the penalties are light. So let's start with the basics. What are we looking at for a first offense DWI in Texas?

So a first offense DWI is generally classified as a Class B misdemeanor. That means you could face fines up to two. $2,000 and anywhere from 72 hours to 180 days in county jail. But here's the thing. That's just the starting point. The penalties can escalate really quickly depending on the circumstances. Escalate how? Like, what makes it worse?

Well, if your blood alcohol concentration or BAC is 0.15 or higher, the charge gets bumped up to a Class A misdemeanor. Now you're looking at fines up to $4,000 and up to a year in county jail. and if you had a passenger under 15 in the car, even your own child, it immediately becomes a felony. That's up to $10,000 in fines and two years in state jail. Wow. So having a kid in the car turns it into a felony right away.

That's serious. Exactly. And if someone gets seriously injured or killed, you're talking about intoxication assault or manslaughter charges. Those are third degree and second degree felonies, respectively, with penalties ranging from two to 20 years in state prison. It gets real heavy, real fast. Mm-hmm, I get it.

So beyond the criminal penalties, what else are people facing? Because I've heard there are civil consequences, too. Oh, absolutely. Your driver's license can be suspended even if you're not convicted. Texas has what are called implied consent laws. When you drive on Texas roads, you're automatically consenting to sobriety. tests. If you refuse a breath or blood test, you're looking at a 180-day license suspension.

If you take the test and fail, meaning a BAC of 0.08 or higher, that's a 90-day suspension. So you're kind of damned if you do, damned if you don't? In a way, yeah. And here's something critical. After you get that notice of suspension, you only have 15 days to request an administrative license revocation hearing, or ALR hearing. Missing that window means your license is suspended automatically. 15 days. That's not a lot of time. What happens at one of those hearings? The ALR hearing is separate from your criminal case.

It's your chance to challenge the license suspension. You can cross-examine the arresting officer under oath, and sometimes you can uncover procedural errors, like an illegal stop or improper administration of field sobriety tests. If the officer didn't follow the rules, that evidence might get thrown out, which can help your criminal case too. So it's actually a strategic opportunity. Definitely.

And that's where having a defense attorney makes a huge difference. They know how to spot those errors and build a defense around them. That point about the ALR hearing sets up our next piece, challenging the evidence. But first, a quick word from our sponsor. Facing a DWI charge in Texas can feel overwhelming, but you don't have to face it a alone. Texas Criminal Defense Group provides aggressive representation for individuals charged with DWI offenses across the state. With offices in Amarillo, Dallas, Fort Worth, Houston, Lubbock, Midland, Odessa, and San Antonio, their attorneys are committed to protecting your rights and fighting for

your future. Learn more at Texas Criminal Defense Group.com. Picking up on the ALR hearing, how exactly do defense attorneys go about challenging the evidence in a DWU. case. Great question. So there are a few key areas they focus on. First, was the traffic stop legal? Officers need probable cause to pull you over. If they didn't have a valid reason, any evidence collected after that stop could be inadmissible. Second, were the field sobriety tests administered correctly? These tests are subjective and can be challenged. And third, were the blood or breath tests accurate. Lab errors happen and the equipment needs to be properly calibrated and maintained. So there are a lot of moving parts that can be questioned. Exactly. And even if your BAC was above

the legal limit, that doesn't mean the case is over. I've seen cases where attorneys successfully argued that the test results were unreliable or that the stop itself was illegal. Every case is unique and there's usually something to work with. I remember one client who was convinced he had no because he'd failed the breathalyzer. Turns out the machine hadn't been calibrated in months. Case dismissed. That's incredible. So equipment errors really can make that much of a difference.

What about plea bargains? I hear that term a lot. How do those work in DWI cases? Plea bargains are pretty common. Your attorney can negotiate with the prosecutor to potentially reduce the charge to something like obstruction of a highway or reckless driving, which carry lighter penalties.

Or they might negotiate for reasonable. reduce jail time or probation instead of incarceration. Courts usually accept these agreements, but they can reject them, which would send the case to trial. And I guess that's where things get a little unpredictable, right? You never know if the judge is going to wake up on the wrong side of the bench that day. Huh. Well, judges are pretty fair most of the time, but yeah, there's always a human element involved. Right? And what about the financial side? I mean, beyond the fines, what else are people paying? Oh man, the financial burden is huge. Beyond the court fines, there are substantial costs that add up quickly. You've got attorney fees, court costs, probation fees, mandatory DWI education courses, increased insurance premiums that can last for years, and possibly impound fees. When you add it all together, the total financial impact can easily reach into the tens of thousands of dollars.

That's a serious financial hit. So we're not just talking about a couple thousand in fines. We're talking a financial burden that can really derail someone's life. Right. It is. And here's something else people don't always realize. A DWI conviction stays on your record permanently. In Texas, you can't seal or expunge it unless the case is dismissed or you're acquitted. So it can affect employment, housing, even child custody.

So the consequences really extend far beyond just the legal penalties. Have you ever wondered how one mistake can ripple through every part of your life like that? Absolutely. That's why it's so important to take this seriously from the start and get legal help immediately. The sooner you act, the more options you have. So if someone listening is facing a first time DWI, what's the first step they should take? First, don't panic, but also don't wait. contact a defense attorney who specializes in DWI law as soon as possible.

They can review the evidence, request that ALR hearing within the 15-day window, and start building your defense. Time is really of the essence here. Makes sense. And just to wrap things up, is there any hope if the evidence seems really stacked against you? There's always hope. DWI law is incredibly nuanced and every case has unique details. Even if your BAC was over the limit, procedural errors or faulty tests can make a difference.

A good attorney will find the angles to fight for you. Your case is worth defending. Well said. So to everyone listening, if you or someone you know is dealing with a first-time DWI in Texas, don't assume all hope is lost. Get informed, get legal help, and protect your future. Thanks so much for breaking this down with us today. My pleasure. Stay safe out there, everyone.