First Offense DWI Defense in Rockwall

Protecting Driving Privileges After a DWI Arrest

Most people charged with DWI in Rockwall also face an Administrative License Revocation proceeding through the Texas Department of Public Safety. Administrative License Revocation is the process used to suspend driving privileges after an alleged refusal or failure involving chemical testing. It’s separate from the criminal prosecution.

A driver generally has 15 days from the arrest or notice of suspension to request an Administrative License Revocation hearing. Missing that deadline can affect the ability to contest the administrative suspension. A suspension through this process also differs from any license suspension imposed after a DWI conviction.

Important steps after an arrest include:

• Keep the arrest paperwork, bond documents, and license notices together.
• Write down information about possible witnesses and the events surrounding the traffic stop while the details are fresh.
• Keep all court dates and comply with requirements imposed as bond conditions.
• Have an attorney evaluate both the criminal charge and the administrative license proceeding.

I review these tracks separately because each has different procedures and consequences. Requesting an Administrative License Revocation hearing doesn’t resolve the criminal case, and defending the criminal charge doesn’t automatically preserve driving privileges.

Texas First-Offense DWI Charges & Penalties

Under Texas Penal Code §49.04(b), a standard first-offense DWI is a Class B misdemeanor. A conviction can carry 3 to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension ranging from 90 to 365 days. The exact sentencing exposure depends on the alleged facts and the court’s decisions.

A blood alcohol concentration below 0.08 doesn’t automatically prevent a DWI charge. An officer may make an arrest based on an alleged loss of normal mental or physical faculties, even when a reported BAC is below that threshold. Evaluating the defense therefore requires more than reviewing a single test number.

Certain allegations can increase the available punishment:

• Open Container: An open container in the driver’s immediate possession raises the minimum jail term to six days, although the offense remains a Class B misdemeanor.
• BAC of 0.15 or Higher: This allegation raises a first-offense DWI to a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000.
• Passenger Younger Than 15: Driving while intoxicated with a passenger younger than 15 is a state-jail felony, regardless of the alleged BAC or prior DWI history.

These classifications depend on what the state alleges and can prove. I examine the charge level alongside the traffic stop, field sobriety evidence, chemical testing, recordings, and other available information rather than treating every arrest alike.

Deferred Adjudication & Community Supervision

A judge may place a person charged with a first-offense DWI on deferred adjudication community supervision under Article 42A.102 of the Texas Code of Criminal Procedure. This resolution allows the court to defer a finding of guilt while the person follows court-ordered conditions. Eligibility doesn’t guarantee the court will approve it.

Deferred adjudication isn’t available when the person held a commercial driver’s license or commercial learner’s permit, or when the alleged BAC was 0.15 or higher. Community supervision may also require compliance with conditions set by the court. The available resolution depends on the charge, evidence, prior record, negotiations, and judicial decisions.

A charge described as a first offense still requires careful review of the person’s complete history. Texas has no lookback period for DWI convictions, so an earlier conviction can count toward a later charge regardless of its age. I review that history before advising a client about charge exposure, eligibility, or possible resolutions.