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Understanding How Texas Defines a First-Time DWI 
A first-time DWI in Texas usually means that the driver has no prior convictions for driving while intoxicated. Under Texas law, you are considered legally intoxicated if your blood alcohol concentration is 0.08 percent or higher. Police officers may also determine intoxication based on other evidence such as field sobriety tests or the presence of drugs in your system.
If you are arrested and charged with DWI for the first time, the case will generally be classified as a Class B misdemeanor. This charge can result in a fine of up to two thousand dollars, a jail sentence of up to 180 days, and a driver’s license suspension that can last for a year. Even though this is not a felony, the consequences can still be serious and affect your personal and professional life.
When a First-Time DWI Can Be Upgraded to a Class A Misdemeanor
There are circumstances where a first-time DWI may be charged as a Class A misdemeanor instead of a Class B. The most common reason is when a driver’s blood alcohol concentration is measured at 0.15 percent or higher. This higher charge carries harsher penalties, including a potential fine of up to four thousand dollars and up to a year in jail. While still not a felony, it is treated more seriously by the court.Situations That Can Turn a First DWI Into a Felony
Although most first DWIs are misdemeanors, there are certain aggravating factors that can result in felony charges.
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How a Felony DWI Differs From a Misdemeanor
The difference between a misdemeanor and a felony charge is more than just a matter of jail time. A felony conviction can impact nearly every part of your life. You may lose certain civil rights, face limits on employment opportunities, and experience long-term challenges in housing or education. Even if probation is granted, the stigma of a felony record can follow you indefinitely. Misdemeanor convictions, while still serious, generally have fewer long-term consequences. That said, any DWI conviction can be used to enhance future charges, meaning that if you are arrested for another DWI later in life, the penalties will become more severe.How Texas Courts Handle First-Time Offenders
In some cases, Texas courts may offer probation or other alternatives to jail time for first-time offenders. These alternatives often involve conditions such as community service, mandatory DWI education classes, and restrictions on alcohol use. While probation can reduce time spent in jail, it still results in a conviction on your record unless certain options like deferred adjudication are available and pursued successfully.The Importance of BAC Levels and Testing
Blood alcohol concentration plays a key role in how a case is charged and prosecuted. The difference between a BAC of 0.08 percent and one of 0.15 percent could be the difference between a Class B and a Class A misdemeanor. For this reason, the validity of the testing procedures used by law enforcement can be a crucial issue in your defense. Breath and blood tests are not infallible, and errors in collection or analysis can create opportunities to challenge the state’s case.Related Videos
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