Texas DWI First Offense. What Now?

Defending DWI arrests in Dallas, Tarrant, Denton, Collin, Rockwall and Rowlett counties, or anywhere in Texas.

Not your first DWI arrest? Learn about defending against your second DWI, third DWI or one of multiple DWI arrests.

What Your First DWI Arrest Means to You

A first offense of DWI involves two prosecutions from the State. First, the State will try to suspend your drivers license. Then it will try to convict you of DWI. The State typically uses the results of field sobriety tests, blood test and breath tests to build their DWI case against you.

License Suspension Hearing

The drivers license suspension prosecution is discussed in another portion of this website.

What the State Must Prove

To convict you of DWI, the State must prove five things. The State must prove you were:

  1. The person arrested
  2. Operating a motor vehicle
  3. In a public place
  4. In a particular county
  5. While you were intoxicated.

The first four are generally easily proven at trial by a police officer testifying you were the person driving when and where you were stopped.

Intoxication Definitions for Texas

Intoxication is specifically defined in the Texas Penal Code and consists of three (3) definitions:

  1. You consumed so much of an intoxicant that you did not have the normal use of your physical faculties, or
  2. You consumed so much of an intoxicant that you did not have the normal use of your mental faculties, or
  3. At the time you were driving, you had an alcohol concentration of at least 0.080 grams per 210 liters of breath or 100 milliliters of blood.

Please note the State is required only to prove one of the three definitions beyond a reasonable doubt to obtain a conviction.

Intoxication Evidence for Texas

Intoxication is usually the charge contested in court.

Without a breath or blood test, the State will allege you performed too poorly on your field tests to have normal use of your physical or mental faculties. They will further argue your poor performance results from consuming too much alcohol or other drugs.

Normally, police officers record alleged DWI stops using the mobile video and audio equipment in their cars. At you trial, the State will be played the video before the judge or jury. They will decide whether or not you look normal and whether or not alcohol was the reason that you did not perform well.

Using Field Sobriety Tests

the National Highway Traffic Safety Administration (NHTSA) standardizes the Field Sobriety Tests police use to determine if a driver is intoxicated. Because of this standardization, police offers must administer the tests properly. Failure to follow NHTSA protocol may result the exclusion of some test results from your trial. Additionally, the officer must use the correct scoring methods for the field sobriety tests.

To better understand the tests, Chris Hoover has taken the official NHTSA Field Sobriety Tests courses. He is certified to give the tests. In addition, he is certified as an instructor to teach police officers how to perform the tests in the field. Because he understands the tests, he can make sure they were correctly performed. This can be critically important if you decide to take your case to trial.

Using Breath Tests

If you have taken a breath test and scored above 0.080, this is NOT a reason to immediately give up on your case. Mr. Hoover has an extensive background in science and is also a Certified Operator of the Intoxilyzer 5000—the breath test machine used in Texas. His knowledge and expertise has allowed him to win many DWI test cases with scores as high as 0.230.

Should You Fight Your Case?

To intelligently decide whether or not to fight your case, you must completely understand all of the facts of your case. These facts come from three primary sources:

  1. Your side of the story
  2. Content of all police reports
  3. Content of videotapes taken during your arrest

Chris Hoover will interview you to discuss the events of your arrest. He will obtain copies of all police reports filed in your case and copies of all videotapes taken during your arrest. Also, he will recover the recordings of any 911 calls, plus any other information helpful in establishing the facts of your case.

Once all of this is gathered, you and Chris Hoover will meet to review and discuss the facts and determine the best resolution of your case.

Possible Outcomes

If you are convicted of DWI First you need to know that 99.999% will be placed on probation and no further jail time will be ordered.

Most DWI First offenders will receive a probated sentence, one to two years in length. Fines vary from county to county, but generally range from $400 to $1,000. There are also court costs, probation fees and a surcharge.

A DWI conviction becomes a permanent part of your criminal record and cannot be erased.

If you are acquitted, you are eligible for an expunction of your criminal records and all records of your stop, arrest, incarceration and prosecution will be destroyed and unavailable for anyone to find.

Chris Hoover has taken more than 500 DWI cases to jury trial with very good results. If you are a person who does not want or cannot have a DWI on your record you should contact his office for a free consultation. In that meeting Chris Hoover will listen to your stor and inform you of all the DWI law that will pertain to your case. He will not predict whether you will win or lose, but he will explain the options that you have for ending this nightmare.