This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
A first-time DWI arrest in Houston can be overwhelming, but it does not automatically mean you will be convicted. Even a first offense can lead to jail time, driver's license suspension, substantial fines, and a permanent criminal record that affects your future.
At LaVine Law Firm, we aggressively defend first-time DWI cases, challenge the prosecution's evidence, and fight to protect your rights. Call 713-428-2264 today for a free confidential case evaluation.
A first-time DWI charge may be your first encounter with the criminal justice system, making experienced legal representation especially important. Our attorneys understand the stress and uncertainty that follow an arrest, and we work tirelessly to pursue the best possible outcome.
Here's why clients trust LaVine Law Firm:
Call LaVine Law Firm today at 713-428-2264 for a free confidential case evaluation.
The hours and days following a DWI arrest can significantly affect your case. Understanding what happens next allows you to protect your rights and avoid mistakes that could make your situation more difficult.
Most first-time DWI cases begin with a traffic stop. If an officer suspects impairment, they may ask questions, observe your behavior, administer field sobriety tests, or request a breath or blood sample before deciding whether to make an arrest.
If the officer believes there is probable cause, you may be arrested and taken to jail for booking. During this process, law enforcement records your personal information, photographs, fingerprints, and the details of the alleged offense before you are released on bond or remain in custody.
In addition to the criminal case, you may also face an Administrative License Revocation (ALR) proceeding. This separate civil process determines whether your driver's license will be suspended because of a failed or refused chemical test.
You generally have 15 days from the date of your arrest to request an ALR hearing and preserve your driving privileges.
Your criminal case proceeds separately from the ALR process. Depending on the evidence, your case may involve arraignment, pretrial hearings, plea negotiations, motions challenging the evidence, or a trial. An experienced DWI lawyer can guide you through every stage while protecting your constitutional rights.
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Texas drivers are subject to the state's implied consent law, which means refusing a chemical test can have serious consequences.
While you have the right to refuse in certain situations, doing so does not necessarily prevent law enforcement from obtaining evidence or pursuing DWI charges.
Under the Texas Transportation Code, anyone who operates a motor vehicle on a public roadway is considered to have given implied consent to provide a breath or blood specimen if lawfully arrested for DWI. Refusing a test may trigger administrative penalties even if you are never convicted of the criminal charge.
Refusing a breath test does not automatically result in a DWI conviction, but it can still lead to significant consequences, including:
You generally have 15 days from the date you receive notice of suspension to request an ALR hearing and challenge the suspension.
In some situations, law enforcement may obtain a blood sample even if you refuse testing. This may occur when officers obtain a search warrant signed by a judge or when Texas law otherwise authorizes a blood draw under specific circumstances.
Blood samples are commonly sought in cases involving serious crashes, suspected intoxication offenses with aggravating factors, or when a warrant is issued after a refusal.
Refusing a chemical test does not automatically make the prosecution's case stronger or weaker. In some cases, the lack of a breath or blood test can make it more difficult for prosecutors to prove intoxication.
In others, they may rely on officer observations, field sobriety tests, body camera footage, witness testimony, and other evidence to support the charge.
A first-time DWI is generally charged as a Class B misdemeanor under Texas law. However, the penalties can still be severe and may increase if aggravating factors are present.
A conviction may result in:
The court may impose:
A first-time DWI conviction or an unsuccessful ALR case may lead to:
The court may also require:
A first-time DWI conviction can continue affecting your life long after the case ends by causing:
Not every first-time DWI is charged the same way. Certain circumstances can increase the severity of the offense and expose you to significantly harsher penalties.
If chemical testing shows a blood alcohol concentration (BAC) of 0.15 or higher, a first-time DWI may be charged as a Class A misdemeanor, carrying increased penalties compared to a standard first offense.
Having an open container of alcohol in the passenger area of the vehicle at the time of the arrest increases the minimum jail sentence, even for a first offense.
Driving while intoxicated with a passenger younger than 15 years old is charged as a state jail felony, regardless of whether it is your first DWI arrest.
If an impaired driving incident results in serious bodily injury or death, prosecutors may pursue more serious charges such as intoxication assault or intoxication manslaughter, both of which carry substantial prison sentences and other severe consequences.
Yes. A first-time DWI charge does not automatically result in a conviction. Depending on the facts of your case, your attorney may be able to challenge the prosecution's evidence, negotiate a reduction in charges, or seek dismissal.
Law enforcement must have reasonable suspicion to stop your vehicle. If the stop violated your constitutional rights, evidence obtained afterward may be excluded from court.
Breathalyzers and blood tests are not infallible. Improper calibration, testing errors, contamination, or mistakes in handling samples can affect the reliability of the results.
Field sobriety tests are influenced by many factors unrelated to alcohol, including medical conditions, fatigue, uneven pavement, weather, or improper instructions from the officer. We carefully evaluate whether these tests were administered correctly.
The decisions you make immediately after your arrest can significantly affect your case. Taking the right steps early can help protect your rights and improve your defense.
Criminal charges can change your life—Get the defense you deserve.
A first-time DWI charge does not have to define your future. With experienced legal representation, you may be able to protect your driver's license, challenge the evidence against you, and pursue the best possible outcome.
At LaVine Law Firm, we aggressively defend clients throughout Houston and the surrounding communities facing first-time DWI charges. Call 713-428-2264 today for a free, confidential case evaluation, and let our experienced Houston first-time DWI lawyer begin building your defense.
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