Texas DUI Lawyer

If you are facing your first DUI in Texas, you’re probably feeling overwhelmed, scared, and unsure of what comes next. A drunk driving arrest can turn your life upside down, impacting your license, your freedom, and even your future job prospects.

Texas has some of the toughest impaired driving laws in the nation, and the criminal justice system can feel intimidating; especially if this is your first experience with it.

This is where an experienced Texas DUI lawyer comes in. The right attorney can not only protect your rights but also help you navigate the legal process, work toward minimizing the consequences, and guide you through each critical decision.

If you’re facing DUI charges in Texas, call 1-888-839-4384 or use our online contact form to speak with a top rated Texas DUI lawyer for a free consultation today!

This article explains what happens after a first DUI in Texas, what penalties you might face, how the legal process works, and why hiring a skilled Texas DUI lawyer is one of the most important steps you can take.

The Legal Definition of DUI/DWI in Texas

In Texas, the law makes a distinction between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated), although the terms are often used interchangeably in everyday conversation.

• DWI (Driving While Intoxicated) applies when an adult (21 or older) operates a motor vehicle in a public place while intoxicated. This means having a blood alcohol concentration (BAC) of 0.08% or higher, or not having normal use of mental or physical faculties due to alcohol or drugs.
• DUI is generally reserved for drivers under the age of 21. Texas has a “zero tolerance” policy for minors, meaning any detectable amount of alcohol in their system can lead to a DUI charge.

Even if your BAC is below 0.08%, you can still be arrested for DWI if an officer believes you’re impaired by alcohol, prescription drugs, or illegal substances.

What Happens After a First DUI in Texas

When you are arrested for your first DUI in Texas, the process typically unfolds in several steps:

Traffic Stop and Arrest

A police officer may pull you over for a traffic violation or suspicion of impairment. If they observe signs such as slurred speech, bloodshot eyes, or erratic driving, they may conduct field sobriety tests. If these indicate impairment, you will likely be arrested.

Chemical Testing

Under Texas’ implied consent law (Texas Transportation Code § 724.011), by driving on Texas roads, you agree to submit to a breath or blood test if lawfully arrested for DWI. Refusing the test can lead to an automatic driver’s license suspension.

Booking and Bail

You will be taken to the police station, fingerprinted, photographed, and placed in holding. You may be released on bail later that day or the next, depending on circumstances.

Administrative License Revocation (ALR)

Separate from the criminal case, the Texas Department of Public Safety (DPS) will attempt to suspend your driver’s license. You have only 15 days from the date of arrest to request an Administrative License Revocation hearing. A Texas DUI lawyer can handle this request and represent you in the hearing.

Court Proceedings

Your first court appearance, called an arraignment, will involve entering a plea. Your attorney will begin reviewing the evidence, filing motions, and preparing a defense.

Penalties for a First DUI in Texas

Penalties vary depending on whether you are under or over 21, your BAC level, and whether any aggravating factors (such as an accident or child passenger) are present.

For Adults (First DWI Offense)

• Class B misdemeanor
• Fine up to $2,000
• Jail time from 3 to 180 days
• Driver’s license suspension between 90 days to 1 year
• Possible mandatory installation of an ignition interlock device (IID)

If your BAC was 0.15% or higher, the charge becomes a Class A misdemeanor, with:

• Fine up to $4,000
• Jail time up to 1 year
• Longer license suspension

For Minors (DUI Under 21)

• Class C misdemeanor
• Fine up to $500
• 20 to 40 hours of community service
• Alcohol awareness classes
• 60-day driver’s license suspension

Collateral Consequences Beyond the Courtroom

A first DUI in Texas carries more than just legal penalties. The long-term effects can include:

• Criminal Record: A DWI conviction stays on your record permanently and can be seen by employers, landlords, and licensing boards.
• Employment Impact: Jobs that require driving or professional licenses may be jeopardized.
• Higher Insurance Rates: Convictions often lead to years of increased auto insurance premiums.
• Travel Restrictions: Some countries, like Canada, restrict entry for those with DUI convictions.

These consequences make it essential to work with a Texas DUI lawyer who understands how to protect your future.

Steps to Take Immediately After A DUI Arrest

If you are arrested for your first DUI in Texas:

1. Stay Calm and Polite: Don’t argue with the officer or resist arrest.
2. Exercise Your Right to Remain Silent: Anything you say can be used against you.
3. Request an Attorney: Politely state that you will not answer questions without your lawyer present.
4. Contact a Texas DUI Lawyer Immediately: The sooner you start your defense, the better your chances.

Talk To A DUI Attorney Immediately!

A Texas DUI attorney has a thorough understanding of Texas DUI laws and can explain the charges you are facing and the potential consequences. DUI laws in Texas are complex and can be challenging to understand, especially for someone who has never been charged with a DUI before.

If you’ve been charged with a DWI or DUI in Texas, talk to one of our experienced DUI defense attorneys below, based on the location of your arrest: