How Can You Avoid Jail for a First-Time Texas DWI?

 Posted on January 30, 2025 in DWI

Being arrested and charged with DWI can be stressful, anxiety-inducing, and even frightening. Those who have never had any brush with the law before may not understand the process, which makes it more nerve-wracking. You may not know whether you will still have a job when the criminal case is settled or how you will manage your life after having your driver’s license suspended.

You may even be unsure whether you need a DWI lawyer or should handle the matter on your own. There are so many benefits to hiring an experienced DWI lawyer, including the fact that your attorney will know whether certain aspects of your stop and arrest can be challenged, perhaps getting your charges lowered or the entire case dismissed.

Most people do not have the legal knowledge and experience to do this on their own. Your most pressing question may be whether you will be sentenced to jail for a first-time DWI. Contact a highly skilled criminal defense lawyer in Granbury, TX, to have all your questions answered and your options presented.   

How is a First-Time DWI Charged in Texas?

Typically, a first DWI offense is charged as a Class B misdemeanor. A first-time DWI can be charged as a Class A misdemeanor if your BAC was 0.15 percent or higher at the time of your arrest. If you have a child in the vehicle, or your impairment caused an accident with injuries, you could face a State Jail felony.

If you are charged with a Class B misdemeanor, you could potentially face up to 180 days in jail, a maximum fine of $2000, and suspension of your driver’s license for up to a year. A Class A misdemeanor conviction could result in up to a year in jail, a maximum fine of $4,000, and suspension of your driver’s license for up to a year.

Alternatives to Jail for a First-Time DWI in Texas

The following alternatives to jail are possible for those charged with a first DWI, although your specific situation, facts, and evidence will determine whether these alternatives are viable in your case.

Probation

Probation is one of the most common alternatives to jail for those charged with a first DWI. Probation usually includes regular check-ins with a probation officer, possible community service, and participation in an alcohol education program. Successful completion of probation can result in a reduction or dismissal of the charges.

DWI Education and Intervention Programs

Participation in a Texas DWI education program could be mandated by the court or voluntary to show a commitment to rehabilitation. Successful completion of a program can reduce the severity of penalties, including keeping you out of jail.

Community Service

Another alternative to incarceration is community service. You could be ordered to complete a specific number of hours of community service, such as volunteering at local organizations or assisting in programs that promote public safety. Completion of community service can be seen as an alternative to jail time.

Restricted Licenses and Ignition Interlock Devices

You may be required to have an ignition interlock device installed on your vehicle as a way to avoid incarceration. You must pay for the installation of the device and then pay a monthly fee for the service.  

Deferred Adjudication and Pre-Trial Diversion Programs

In order to avoid a conviction and the associated consequences, deferred adjudication involves a guilty plea followed by a probationary period where you must comply with all court-ordered conditions. Pre-trial diversion programs allow you to avoid entering a guilty plea, but educational programs, participation in community service hours, and alcohol treatment are also a part of the program.

Contact a Hood County, TX DWI Lawyer

Since the court has significant discretion in sentencing, it is very important that you have a Granbury, TX DWI attorney from The Law Offices of Rob Christian to ensure you receive the best possible outcome. Not only are we available 24/7, but Attorney Christian has 20 years of experience as a prosecutor, resulting in good relationships with the Hood County courts. Call 682-936-4003 to schedule your free consultation.