Criminal Defense and Title IX
Attorneys Austin, TX

First Offense DWI Lawyers in Austin, TX

If you’re facing a DWI charge, you need to take it seriously

When the unexpected happens, and you find yourself facing a driving while intoxicated (DWI) charge in Texas, the journey ahead may seem uncertain and intimidating – especially if it’s your first DWI offense. With potential consequences including jail time, the loss of driving privileges, and substantial fines, plus the long-term social consequences to your reputation and career, the gravity of your situation cannot be understated.

At Botsford & Roark, we understand the challenges you're up against. In Austin, TX, our experienced DWI defense lawyers are prepared to fight for your freedom and help you regain control of your life.

Founded in 2007 in Austin, Texas, our law firm possesses the experience, resources, connections, and determination needed to effectively fight for your rights, reputation, and freedom at every turn. If you have been charged with a first time DWI in Central Texas, contact us for a free and confidential case evaluation.

“Without question the #1 criminal defense attorney in the city. ... He never over promised but he gave me all the confidence we would have a favorable outcome. He definitely over delivered on that promise. Even when they tried to make things difficult for me, Brian found a way to get things done in my favor. … 100% recommend.” - Sigi P.

First Time DWI infobyte

Elements of a Texas first time DWI charge

In Texas, drunk driving, or DWI, is defined as the reckless or dangerous operation of a motor vehicle by a driver who is under the influence of drugs or alcohol. It’s a common charge: More than 25,000 new first-offense DWI cases are filed in Travis County in an average year, according to court data. To be convicted of such a crime, the prosecution must prove at least three things beyond a reasonable doubt:

  • The driver was intoxicated by illegal, legal, prescribed, or over-the-counter alcohol, drugs, or other mind-altering substance.
  • The driver was operating a motor vehicle, aircraft, or boat while intoxicated.
  • The driver’s intoxicated operation of the motor vehicle was in a public place.

While the legal limit for a driver is 0.08% blood alcohol concentration (BAC), it is worth noting that in Texas, BAC test results are not necessary for a DWI arrest or conviction. Without a strong defense, an officer’s “reasonable suspicion” may be all the evidence a jury needs to convict a driver of DWI.

Types of DWI charges and penalties in Texas

More than half of first offense DWI cases handled in Travis County end in a conviction. And, of the individuals found guilty, about 55 percent are sentenced to jail. The following are penalties for various DWI offenses as prescribed under Texas state law. These may not be reflective of the penalties an individual is facing. If you have been charged and want an accurate assessment of the penalties against you, contact us.

First offense DWI

  • Class B misdemeanor
  • 3-180 days in jail, up to $2,000 fine

First offense DWI with open container of alcohol

  • Class B misdemeanor
  • 6-180 days in jail, up to $2,000 fine

First offense DWI with BAC at or over 0.15%

  • Class A misdemeanor
  • Up to 1 year in jail, $4,000 fine

First offense intoxication assault

  • Third degree felony
  • 2-10 years in prison, up to $10,000 fine

First offense intoxication manslaughter

  • Second degree felony
  • 2-20 years in prison, up to $10,000 fine

In addition to these consequences, penalties for a first DWI conviction may also include:

  • Suspension of driver’s license.
  • Probation and regular check-ins with a parole officer.
  • Mandatory alcohol education program attendance.
  • Community service.
  • Required ignition interlock device installation in vehicle.

Our legacy is to protect yours’

A first DWI can put you in an uncertain and vulnerable situation. Botsford & Roark allows you to challenge the charges against you from a position of power. Take control. Contact Botsford & Roark for a free case evaluation and legal guidance.

With decades of experience protecting the rights, freedom, and reputations of people charged with DWI in Central Texas, we know what it takes to challenge evidence, find errors in the arrest, if any, demonstrate the weakness of BAC tests, and fight relentlessly for results in your favor.

A member of our team is available to hear from you any time, day or night. We can answer questions, explain how the law applies to your specific situation, and help you decide what to do next. There is no obligation to hire us, just information you can trust from a legal team with decades of experience in your Texas community. Contact us now.

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