First Offense Texas Misdemeanor DWI LAWS

Collin County First Offense DWI Deferred Adjudication Attorneys

In 2019, the Texas Legislature made major changes to the state’s misdemeanor DWI laws. These changes were substantial, and they have had far-ranging and long-lasting effects on those who are charged with misdemeanor DWIs. Most lawyers who are not well-versed or experienced in Texas DWI defense do not understand these changes, and they may be unable to fully explain them to their clients. The result has led to clients being confused about when a potential plea may be available, whether trials will be required in their cases, and how their current and future lives may be affected.

At the Law Offices of Biederman & Burleson P.L.L.C., we have represented thousand of clients charged with misdemeanor DWI offenses in Collin County and Denton County Texas. We can help you understand what you need to know about the changes in the Texas misdemeanor DWI laws and how these laws might affect your future employment and criminal history.

Texas Misdemeanor DWI Laws Prior to 2019

Before the laws were changed in 2019, a first-time misdemeanor DWI in Texas was a class B misdemeanor offense. The range of punishment for a Class B misdemeanor was:

• A minimum of 72 hours in jail and a maximum of 180 days in jail OR up to 24 months probation (Please note that it is a very rare that a person who is charged with a misdemeanor DWI will face ANY jail time. Most people charged would be placed on probation);
• A fine up to $2,000; and
• A Department of Public Safety Surcharge of up to $3,000.

NOTE: Prior to the law change in 2019, if a person pled guilty or was found guilty after trial for a misdemeanor DWI in Texas, it was a PERMANENT CONVICTION. This conviction would last a lifetime and could potentially affect job opportunities and higher education opportunities as well as costing thousands of dollars in increased car insurance rates.

Texas Misdemeanor DWI Laws After 2019

In 2019, the Texas Legislature created two levels of first-offense DWI in Texas. The factor that decided which level a person would be charged with depended on whether or not a blood or breath sample was obtained from the person following a DWI arrest.

First Offense Class A Misdemeanor DWI in Texas

If a blood or breath test is obtained by law enforcement following an arrest in Texas AND the result of that test is a blood alcohol content (BAC) of .15 percent or greater, then a DWI first offense in Texas is a Class A misdemeanor. The range of punishment for a Class A misdemeanor DWI (first offense) in Texas is:

• Up to 1 year in jail OR up to 24 months probation (again, it is rare that anyone charged with a first offense DWI will be sentenced to jail time);
• A fine up to $4,000; and
• A Department of Public Safety Surcharge of $6,000.

Bad News about a Class A first offense misdemeanor DWI in Texas: if a citizen is CONVICTED of a Class A first offense DWI in Texas then:

• It is a PERMANENT CONVICTION;
• It requires the full term of probation (there is no early termination of probation for a Class A DWI conviction);
• The law requires an ignition interlock or other alcohol monitoring device for the FULL term of probation; and
• A $6,000 DPS surcharge will most likely be imposed on top of all other probationary costs and fines.

For the majority of our clients, being convicted of a Class A first offense DWI is the absolute worst-case scenario. Not only is the conviction permanent, and criminal records related to the conviction can be easily found by law enforcement and members of the public, but the financial burden of the fines, probation costs, and surcharges can case be financially devastating.

First Offense Class B Misdemeanor DWI in Texas

There are actually two categories of first offense Class B DWI in Texas. We refer to them as Regular Class B and Deferred Adjudication Class B.

Regular Class B First Offense DWI in Texas

A Regular Class B first offense DWI has a punishment range of:

• A minimum of 72 hours in jail and a maximum of 180 days in jail OR up to 24 months probation (As mentioned above, most people charged with first-time DWI will be placed on probation rather than facing jail time);
• A fine up to $2,000; and
• A Department of Public Safety Surcharge of up to $3,000.

Bad news about a Regular Class B First Offense Misdemeanor DWI in Texas: if a citizen is convicted of a Class B first offense DWI in Texas, then:

• They will have a DWI conviction on their record;
• The full term of probation will be required (there is no early termination of probation for a Regular class B DWI conviction); and
• A $3,000 DPS surcharge will most likely be imposed on top of all other probationary costs and fines.

HOWEVER: If you are convicted of a Regular Class B first offense DWI in Texas, you may be eligible to remove the conviction from public view five years after you successfully complete your probation. In order to accomplish this, you must file a Motion to Non-Disclose your arrest, request a hearing in the court in which you were convicted, AND convince the presiding judge that non-disclosing your Regular Class B DWI conviction is in the best interest of the public.

First Offense Class B Misdemeanor DWI Deferred Adjudication in Texas

The second category of first offense Class B DWI in Texas is what is known as Deferred Adjudication. It is not really a category of offense, but it is instead a method of resolving a case that is sought by the vast majority of our clients who have been arrested for DWI.

The range of punishment for a Deferred Adjudication resolution to a first offense class B DWI in Texas is the same as a regular first offense class B DWI:

• A minimum of 72 hours in jail and a maximum of 180 days in jail OR up to 24 months probation (most people charged with this offense are placed on probation);
• A fine up to $2,000; and
• A Department of Public Safety Surcharge of up to $3,000

The big difference for a Deferred Adjudication disposition of a first offense Class B DWI in Texas: although the range of punishment is the same, if you resolve your first offense DWI with a plea of deferred adjudication in Texas AND successfully complete the probation requirements, then:

• YOU WILL NOT HAVE A DWI CONVICTION on your record;
• You are eligible to petition the court for EARLY TEMINATION OF YOUR PROBATION;
• There is no DPS Surcharge; and
• You are eligible to petition the court for a non-disclosure of your DWI arrest within two to five years after your probation ends. If this petition is granted, the public will not be able to view records related to the arrest.

For the majority of our clients, Class B Deferred Adjudication is the best and most likely outcome for a first offense DWI charge in Collin County, Texas. Even in cases where a person was originally charged with a Class A DWI, our law office has successfully negotiated hundreds of reductions to Class B Deferred Adjudication. With experience representing client in over 600 trials involving DWI charges, we have the ability to successfully defend those charged with DWI in Texas. As a result of that hard-earned experience, prosecutors routinely reduce our clients’ DWI charges to deferred adjudication, EVEN IN CASES WHERE A PERSON WAS TESTED WITH A BAC OF OVER .15.

Contact Our Frisco First Offense DWI Lawyers

If you have any questions about how we can help you pursue deferred adjudication following a DWI arrest, contact the Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 and set up a free consultation today.