San Antonio First Offense DWI Attorney

Being arrested for driving while intoxicated can be frightening, especially when you have never faced a criminal charge before. You may be worried about going to jail, losing your driver’s license, paying thousands of dollars, or having a permanent conviction follow you.

A first DWI arrest does not automatically mean you will be convicted. The State must prove the charge, and the traffic stop, field sobriety tests, breath or blood testing, police reports, and video evidence may all be challenged.

If you were recently arrested, it is important to understand that a Texas DWI case may involve two separate matters: the criminal case filed in court and an Administrative License Revocation proceeding involving your driving privileges. Each has its own rules and deadlines.

Thornton Criminal Defense represents people facing a first-offense DWI in San Antonio and throughout Bexar County. Attorney Brad Thornton can review what happened, explain the process, and determine which defenses may apply.

What Is Considered DWI in Texas?

Under Texas law, a person commits DWI when the person is intoxicated while operating a motor vehicle in a public place. The State may attempt to establish intoxication in either of two ways:

• The person allegedly did not have the normal use of mental or physical faculties because of alcohol, drugs, a controlled substance, another substance, or a combination of substances; or
• The person had an alcohol concentration of 0.08 or higher.

This means a driver may be charged even when a breath or blood test does not report an alcohol concentration of 0.08 or higher. Prosecutors may instead rely on the officer’s observations, driving behavior, statements, video recordings, and performance on roadside tests.

It also means that DWI charges are not limited to alcohol. Prescription medications, illegal drugs, over-the-counter products, or combinations of substances may become part of a DWI investigation if the State alleges that they affected the driver’s normal faculties.

What Should You Do After Your First DWI Arrest?

The first few days after a DWI arrest can affect both the criminal case and your driver’s license. Consider taking the following steps promptly:

1. Save all your paperwork. Keep your bond documents, temporary driving permit, court notices, DIC-24 statutory warning, DIC-25 notice of suspension, and any other documents you received.
2. Write down what happened. Record where you were stopped, what the officer said, which tests were administered, whether you provided a specimen, and anything unusual about the encounter.
3. Do not post about the arrest. Avoid discussing where you were, what you consumed, or what occurred during the traffic stop on social media.
4. Review your license notice. You may have only 15 days after receiving notice to request an ALR hearing in many refusal or test-failure cases.
5. Speak with a defense attorney. Early involvement gives your attorney more time to request video, identify witnesses, review testing procedures, and address upcoming deadlines.

What Are the Penalties for a First DWI in Texas?

A standard first-offense DWI is ordinarily charged as a Class B misdemeanor. If convicted, a person may face:

• A fine of up to $2,000;
• Between 72 hours and 180 days in jail, subject to applicable exceptions;
• A possible driver’s license suspension;
• Community supervision, commonly called probation;
• Community-service requirements;
• DWI education or alcohol-treatment requirements;
• An ignition-interlock requirement in certain circumstances;
• Court costs and administrative fees; and
• Additional conditions ordered by the court.

Texas law also provides for an additional state traffic fine following certain intoxication-related convictions. For a first conviction within a 36-month period, that additional fine may be $3,000, although the court may have authority to waive it in qualifying circumstances.

The precise consequences will depend on the facts, the person’s record, the court, and how the case is resolved.

What Can Make a First DWI More Serious?

A case may carry more serious charges or consequences when aggravating circumstances are alleged. Examples include:

• An alcohol concentration of 0.15 or higher;
• A passenger younger than 15 in the vehicle;
• A collision that caused serious bodily injury;
• A collision that resulted in death;
• Possession of an open container in the vehicle; or
• Other criminal allegations arising from the same incident.

For example, a first DWI with an alleged alcohol concentration of 0.15 or higher may be elevated from a Class B misdemeanor to a Class A misdemeanor, raising the possible punishment to up to one year in jail and a fine of up to $4,000. Learn more about a first DWI with a BAC of 0.15 or higher.

Will You Lose Your License After a First DWI?

A driver’s license is not necessarily suspended immediately simply because someone was arrested. However, a first DWI arrest can lead to an Administrative License Revocation proceeding through the Texas Department of Public Safety.

The ALR matter is separate from the criminal case. A person could face an administrative suspension even before the criminal charge is resolved.

License Suspension for Refusing a Specimen

If you refused a properly requested breath or blood specimen, DPS may seek a 180-day suspension for a first refusal. The officer may provide a temporary driving permit and written notice explaining how to request a hearing.

License Suspension for Failing a Test

If testing reports an alcohol concentration at or above the applicable limit, DPS may seek a 90-day suspension for a first alleged test failure.

Different notice procedures can apply when blood-test results are not available at the time of the arrest. Carefully review the date and instructions on any notice you receive.

How Long Do You Have to Request an ALR Hearing?

In many cases, the request must be received within 15 days after the suspension notice is served. If the deadline is missed, DPS may deny the hearing request and allow the suspension to take effect.

An ALR hearing gives the driver an opportunity to challenge the administrative suspension. It may also allow the defense to obtain testimony and information that could become useful when investigating the criminal case.

Learn more about challenging a suspension from Thornton Criminal Defense’s San Antonio suspended license lawyer.

What Happens in the Criminal Case?

The criminal case and the license proceeding follow different paths. After an arrest, a person may need to attend court appearances, comply with bond conditions, and respond to the formal charge.

The general process may involve:

• An initial court setting;
• The filing or review of the criminal charge;
• Exchange and examination of evidence;
• Review of police reports and video recordings;
• Pretrial negotiations;
• Motions challenging evidence or police conduct;
• A possible plea agreement; or
• A trial before a judge or jury.

Not every case follows exactly the same path. The timeline will depend on the evidence, court schedule, legal issues, and decisions made by the defendant and defense attorney.

Can a First DWI Charge Be Dismissed?

A first DWI charge can potentially be dismissed, reduced, negotiated, or contested at trial, but no particular outcome is guaranteed. Whether the charge can be successfully challenged depends on the evidence and circumstances.

A defense attorney may investigate issues such as:

• Whether the officer had a lawful reason to stop the vehicle;
• Whether there was probable cause to make an arrest;
• Whether the officer’s report matches the video evidence;
• Whether field sobriety tests were administered correctly;
• Whether physical or medical conditions affected the roadside tests;
• Whether breath-testing equipment was properly maintained;
• Whether blood was legally obtained and properly handled;
• Whether the chain of custody was preserved; and
• Whether the State can prove intoxication at the time of driving.

What Defenses May Apply to a First DWI?

No single defense applies to every first-offense DWI. A defense strategy should be based on a complete review of the stop, arrest, testing, and available evidence.

The Traffic Stop Was Not Legally Justified

Police generally need a lawful basis to stop a vehicle. An attorney can review dash-camera footage, body-camera video, dispatch records, and the officer’s stated reason for the stop.

If the stop was not legally justified, the defense may ask the court to suppress evidence obtained as a result of the detention.

Field Sobriety Tests Were Unreliable

The horizontal gaze nystagmus, walk-and-turn, and one-leg stand tests must be administered and interpreted under appropriate conditions. Poor lighting, uneven pavement, traffic, footwear, fatigue, anxiety, injuries, medical conditions, and unclear instructions may affect performance.

Learn more about how Thornton Criminal Defense evaluates field sobriety testing in San Antonio DWI cases.

Breath-Test Results Are Questionable

Breath-test evidence may raise questions involving the maintenance and calibration of the instrument, the qualifications of the operator, compliance with testing procedures, mouth alcohol, medical conditions, and environmental interference.

Blood-Test Procedures Were Flawed

Blood evidence may be challenged based on the warrant, collection procedure, labeling, storage, chain of custody, laboratory analysis, contamination, or interpretation of the reported result.

Video Contradicts the Police Report

Body-camera and dash-camera footage may show that a person’s speech, balance, coordination, driving, or behavior does not match the officer’s written description. These inconsistencies can be important when assessing the strength of the State’s case.

Will a First DWI Affect Your Job or Professional License?

A DWI can create consequences outside the courtroom. The effect will depend on the person’s occupation, employer policies, professional licensing requirements, and whether driving is part of the job.

Possible collateral consequences include:

• Increased automobile insurance premiums;
• Problems with jobs that require driving;
• Commercial driver’s license consequences;
• Professional licensing or reporting requirements;
• Background-check concerns;
• Travel restrictions while the case is pending; and
• School or scholarship consequences.

These concerns should be discussed with an attorney when developing a defense and considering any proposed resolution.

Do You Need an Attorney for a First DWI?

A first DWI may be a misdemeanor, but it can still carry jail time, fines, license consequences, and a lasting criminal record. Representing yourself also means handling the criminal case and the administrative license matter without someone independently reviewing the evidence.

A DWI attorney can:

• Explain the charges and possible outcomes;
• Request an ALR hearing when applicable;
• Obtain police reports and video evidence;
• Review field sobriety testing;
• Evaluate breath or blood evidence;
• Identify constitutional or procedural issues;
• Negotiate with prosecutors; and
• Prepare the case for trial when appropriate.

Talk to a San Antonio DWI Lawyer About Your First Arrest

The first and last case Brad Thornton tried as a prosecutor were DWIs. During his career he has tried every type of DWI, intoxication assault, and intoxication manslaughter case. He served on a District Attorney’s Vehicular Crimes team and was trained in the same testing and investigative procedures used by DWI officers — he passed SFST training and Advanced Roadside Impaired Driving Enforcement, audited Drug Recognition Expert (DRE) training given to police, and trained with one of the leading crash reconstruction experts used by the State of Texas.

To learn more about Texas DWI charges and Thornton Criminal Defense’s approach, visit our complete San Antonio DWI defense guide.

Call (210) 439-5627 or contact Thornton Criminal Defense to request a free, confidential consultation.

This article is intended for general informational purposes and does not constitute legal advice. Every case is different, and past results do not guarantee a similar outcome.