Criminal Defense

First DWI Offense

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DWI – Help for First-Time Offenders

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Nobody expects to get their first DWI charge. Being pulled off the road and arrested can bring with it feelings of frustration, intimidation, shame, and uncertainty. Under Texas Law, these crimes are often penalized severely, and it’s important to get in touch with our dedicated DWI lawyer in Austin or San Antonio as soon as possible.

At the Law Office of Jesse Hernandez, we treat every client with the respect and personal attention that they deserve. We know that those who are facing the criminal charge of DWI are often good people who have made one poor decision. Our legal team will work hard to see that your reputation is maintained.

The Charges You Face

In the State of Texas, DWI first offense charges are taken very seriously and the penalties you may face could be severe, especially if you were highly intoxicated or driving with a minor. Our DWI lawyer in Austin and San Antonio can help you understand your charges and build a strong case to defend you.

Class B Misdemeanor

A first DWI in Texas is most likely to be charged as a Class B misdemeanor. This means that the person had a blood alcohol content (BAC) of at least .08% when they were pulled over.

  • Driver’s license suspension for up to 1 year
  • Incarceration for 3 to 180 days
  • Fines up to $2,000
  • Annual payments of $2,000 for three years
  • A misdemeanor on your record for 10 years

Class A Misdemeanor

Most second DWIs are charged as a Class A misdemeanor. In certain cases, a first offense DWI in Texas could result in a Class A misdemeanor, including if the person had a BAC of .15% or higher at the time of driving. This charge is more serious and will result in facing increased fines (up to $4,000) and criminal punishment (up to one year of jail time).

Third-Degree Felony

Those who were driving with a minor passenger (under the age of 15) in the car will face felony charges for their first DWI. The penalties for third-degree felony include a fine of $10,000 (maximum) and up to 10 years in the state penitentiary.

Subsequent Charges

Once the person has committed a third-degree felony offense, any additional DWI charges will be addressed as a felony with increasing severity.

Collateral Damage

A person who is convicted of a DWI in Texas (first offense and beyond) may face additional consequences in their personal, professional, and social life.

The Loss of Driving Privileges

For a first offense, the State of Texas will suspend your license for up to a year, and charge an annual payment for three years once it is reinstated. With each increasing level of charge severity, a person’s driving privileges will suffer greater impact in terms of suspension time and financial penalties.

Professional Life After a DWI

You may lose your job. Most employers will not tolerate employees with DWI arrests, let alone convictions. If you are a nurse, doctor, or pilot, a DWI conviction can cause you to lose your professional license. Having a DWI on your record can also make it hard to find a new job with any employer that conducts a background check.

The Loss of Other Rights

Being convicted of a DWI can make family life very difficult for parents. One or more DWI convictions may result in the loss of custodial rights, leading to less time with your children. Those who are convicted of a felony DWI may lose the right to own a firearm or vote in elections. Regaining these rights after a conviction can be difficult if not impossible.

There is No Time to Lose — Request Your Hearing Now

The first step that needs to be taken after being arrested for a DWI is to request an Administrative License Revocation (ALR) hearing. At this hearing, you will be allowed to contest your license suspension. If you do not request a hearing within 15 days, your license will be suspended automatically for forty days after your arrest.

Contact Our DWI Lawyer in Austin and San Antonio

Although fighting a DWI charge may seem daunting, you have options. It is possible to have the penalties reduced or to have the case against you dismissed or dropped by the state. You will need the guidance of a dedicated San Antonio criminal defense lawyer to fight the charges brought against you. With a 10.0 Superb rating from Avvo, Attorney Jesse Hernandez has proven his ability to help good people fight terrible charges.

At The Law Office of Jesse Hernandez, we can help you face your DWI in Texas. We provide all potential clients with a free case consultation where we can review the details of your case and propose first steps. Contact us today to schedule an appointment.


San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.

Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.

When you choose our team, you can be confident in

Our ability to provide you with the
following services

Tough Defense and Aggressive Representation

Tough defense
and aggressive representation

Trustworthy and Effective Counsel

Trustworthy
and effective counsel

24/7 Services

24/7
services

Flexible Payment Plans

Flexible
payment plans

Plenty Of Experience Handling Misdemeanor & Felony Cases

Plenty of experience
handling misdemeanor & felony cases

Contact Us Today!

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San Antonio Law Office
of Jesse Hernandez

210-807-8656

Hours: Open 24 Hours

3107 Broadway Street
, San Antonio, TX 78209

Houston Law Office
of Jesse Hernandez

713-984-4724

Hours: Open 24 Hours

3663 N. Sam Houston Parkway East, Office 607
Houston, TX, 77032

Austin Law Office
of Jesse Hernandez

512-982-4798

Hours: Open 24 Hours

2025 Guadalupe Street, Suite 260
, Austin, TX 78705