First-Time DWI in College Station

Driving while intoxicated is a serious criminal offense. DWI convictions can lead to harsh consequences and the suspension of your driver’s license.

The penalties for a first-time DWI in College Station are stiff but less severe than repeat offenses. Consult with one of our skilled DWI attorneys for a consultation when you are accused of intoxicated driving.

 Understanding Laws Surrounding DWIs

The state prohibits a person from operating a motor vehicle while intoxicated under Texas Penal Code Annotated § 49.04. A College Station driver will get charged with a first-time DWI if:

• They do not have normal control of their physical or mental faculties due to the use of alcohol, controlled substances, drugs, or a combination of these; or
• They have a blood alcohol concentration (BAC) of 0.08 percent or higher, otherwise called a per se DWI.

BAC limits are even more restrictive for certain drivers. Commercial drivers are considered intoxicated if their BAC is 0.04 percent or higher. In addition, the state has a zero-tolerance policy for underage drinkers who have yet to reach 21 years old, regardless of their BAC.

DWI laws generally apply to all motor vehicles that can operate on state highways. However, these laws are not limited to motor vehicles. Additionally, the state could charge you for operating the following while intoxicated:

• Airplanes or aircraft, under Tex. Pen. Code Ann. § 49.05;
• Boats, under Tex. Pen. Code Ann. § 49.06; and
• An amusement park ride, under Tex. Pen. Code Ann. § 49.065.

Speak with an experienced criminal defense attorney today for more information.

State Drivers Give Implied Consent to Chemical Testing

If you are suspected of a first-time DWI in College Station, it is important to understand that you have already given implied consent to chemical testing to determine your BAC.

Most law enforcement officials will initiate a breathalyzer test or field sobriety exam if they suspect DWI. If a police officer has reasonable suspicion that the driver is intoxicated, they can make an arrest.

If you operate a vehicle within the state, Tex. Transportation Code Annotated § 724.011 provides that you have already given implied consent for law enforcement to take a breath or blood sample to determine your BAC level.

Drivers have the option to refuse field sobriety tests, but this can also result in consequences under Tex. Transp. Code Ann. Sec. 724.015, including:

• The police officer confiscating your license;
• An automatic, minimum 180-day license suspension; and
• Evidence of refusal used against you in a trial.

Refusing a breathalyzer or field sobriety test does not prevent law enforcement from obtaining a warrant to authorize taking breath or blood samples.

Potential Penalties For First-Time DWI Offenses

The offense is considered a class B misdemeanor if you are convicted of a first-time DWI in College Station. However, the minimum jail time is increased to six days if you had an open container in the vehicle.

Additionally, the potential penalties for a first-time DWI can include:

• A minimum of 72 hours up to 180 days imprisonment;
• Financial penalties up to $2,000; and
• A driver’s license suspension for up to a year.

A judge may also impose probationary periods, community service requirements, or DWI education programs. The potential penalties are more severe for repeat offenses.

Ask a College Station Attorney About First-Time DWI Offenses

A DWI charge can leave you with a criminal record that can potentially limit your life goals and future employment opportunities. You should speak with one of our professional lawyers as soon as possible about a first-time DWI in College Station.

Our legal team is ready to fight on your behalf to defend your case. Our mission is to help our clients achieve success both in and out of the courtroom. Call today to schedule an initial consultation.