First DWI Offense

A first DWI offense in Texas is generally prosecuted under Texas Penal Code § 49.04. Under Texas Penal Code § 49.01, a person is considered “intoxicated” if they do not have the normal use of their mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or another substance, or if they have an alcohol concentration of 0.08 or more.

For someone facing a first DWI charge in Dallas, the State still has to prove the elements of the offense. The circumstances of the traffic stop, the basis for the arrest, field sobriety testing, blood or breath testing, and the collection and handling of evidence can all become important parts of the defense.

A DWI arrest can also create a separate issue involving your Texas driver's license. The Administrative License Revocation (ALR) process is a civil administrative proceeding that is separate from the criminal DWI case. In many cases, you have only 15 days after receiving the applicable suspension notice to request an ALR hearing. Missing the deadline can result in the hearing request being denied and the suspension taking effect.

For this reason, the first steps after a Dallas DWI arrest can be critical. A Dallas DWI defense attorney can help protect your rights, address any applicable driver's license deadlines, preserve potentially important evidence such as dashcam or body-camera footage, and review the circumstances surrounding the stop, arrest, and chemical testing.

If you are facing a first DWI offense in Dallas, do not assume that a DWI charge automatically means a conviction. The evidence must be evaluated carefully, and the defense should begin as early as possible. An experienced Dallas DWI lawyer can review the details of your case and explain the legal options available to you.

Dallas DWI Lawyers

325 North St Paul Street, Suite 3100, Dallas, TX, 75201

(945) 403-4331

https://www.DallasTXDWILawyers.com/