First Offense | First DWI Offense in Fort Bend

A first-time DWI charge in Fort Bend County can derail your life if you don’t handle it correctly. You could lose your driver’s license, face jail time, and carry a conviction that follows you for years. The good news is that a first DWI offense offers the best opportunity for a favorable outcome when you act quickly and hire the right Fort Bend DWI lawyer.

Fort Bend County prosecutors take DWI cases seriously. The county has seen significant growth over the past decade, and law enforcement agencies from Sugar Land to Richmond to Missouri City are aggressive about stopping suspected drunk drivers. But an arrest is not a conviction. Our attorneys have secured dismissals, charge reductions, and deferred adjudication outcomes for first-time DWI clients throughout the Houston area.

What Questions Do First-Time DWI Defendants Ask?

When someone calls our office after a DWI arrest in Fort Bend County, they usually have the same questions. Will I go to jail? Can I keep my license? Will this show up on background checks? How much will this cost me? These are all valid concerns, and the answers depend on the specific facts of your case.

The most pressing question is often about driving. Texas has a separate administrative process through the Texas Department of Public Safety that can suspend your license even before your criminal case is resolved. You have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing. Miss that deadline, and your license suspension becomes automatic.

If you were arrested for DWI in Fort Bend County, schedule a free consultation with our attorneys to understand your options. Call (281) 805-2220 today.

What a First DWI Means Under Texas Law

Under Texas Penal Code § 49.04, a person commits DWI when they operate a motor vehicle in a public place while intoxicated. Intoxication means having a blood alcohol concentration (BAC) of 0.08% or higher, or not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.

The definition of “operating” a motor vehicle is broader than most people realize. You don’t have to be actively driving. This means you could face charges even if police never saw you driving.

A standard first DWI in Texas is classified as a Class B misdemeanor. However, if your BAC was 0.15% or higher, the charge is elevated to a Class A misdemeanor under Texas Penal Code § 49.04(d). This enhanced charge carries significantly higher penalties and fewer options for keeping the conviction off your record.

Penalties for a First DWI in Fort Bend County

The potential consequences of a first DWI conviction extend far beyond the courtroom. Here’s what you could face:

• Jail time: 72 hours to 180 days for a standard Class B DWI, or up to one year for a Class A DWI with BAC of 0.15% or higher
• Fines: Up to $2,000 for Class B, up to $4,000 for Class A
• Driver’s license suspension: 90 days to one year
• Annual surcharge: $1,000 to $2,000 per year for three years to keep your license
• DWI education program: 12 to 32 hours of mandatory classes
• Possible ignition interlock device requirement
• Community service: 24 to 100 hours

The collateral consequences are often worse than the legal penalties. A DWI conviction can affect your employment, professional licenses, college applications, immigration status, and even child custody arrangements. It stays on your criminal record permanently in Texas unless you qualify for a nondisclosure order.

Don’t face these consequences without experienced legal representation. Our Fort Bend criminal defense lawyers understand what’s at stake. Contact us at (281) 805-2220.

Why a First DWI Is Different From a Second or Third

Texas law treats first-time DWI offenders significantly better than repeat offenders. Understanding these differences helps you see what’s at stake and why acting quickly matters.

The most significant advantage for first-time offenders is eligibility for deferred adjudication. Under Texas Code of Criminal Procedure Article 42A.102, judges can defer a finding of guilt, place you on probation, and dismiss your case upon successful completion. This means no conviction on your record. Second and third DWI offenders cannot receive deferred adjudication under Texas law.

Interlock device requirements are also more flexible for first-time offenders. While a second DWI requires a mandatory interlock as a condition of bond, first-time offenders often avoid the device entirely unless their BAC was 0.15% or higher, there was an accident, or the judge orders it as a specific condition. In many standard first DWI cases, particularly those resolved through deferred adjudication, our clients walk away without ever installing an interlock.

Penalties escalate dramatically with subsequent offenses. A first DWI is typically a Class B misdemeanor with up to 180 days in jail. A second DWI is a Class A misdemeanor with up to one year. A third DWI becomes a third-degree felony with 2 to 10 years in prison. Fighting your first DWI isn’t just about this case. It’s about preventing those enhanced penalties if you ever face another charge.

Class B vs. Class A: How Your BAC Changes Everything

Not all first-time DWIs are charged the same way. The classification of your offense depends largely on your blood alcohol concentration at the time of arrest.

Under Texas Penal Code § 49.04, a standard first DWI with a BAC between 0.08% and 0.14% is a Class B misdemeanor. This carries 72 hours to 180 days in jail and fines up to $2,000. Most first-time offenders with a standard Class B DWI are strong candidates for deferred adjudication without an interlock requirement.

If your BAC was 0.15% or higher, your first DWI becomes a Class A misdemeanor under Texas Penal Code § 49.04(d). This enhanced charge carries up to one year in jail and fines up to $4,000. More significantly, the 0.15% threshold triggers different treatment throughout the case. Prosecutors are less willing to offer favorable plea deals. Judges are more likely to require an interlock device. And you’ll need to complete the interlock requirement to qualify for the shorter nondisclosure waiting period.

Here’s the good news: skilled defense attorneys can sometimes negotiate a reduction from the enhanced Class A charge down to a standard Class B. In a recent case, our attorney Ashley Feldt represented a client charged with DWI with a BAC over 0.15%. The result was a plea to a standard Class B DWI with 14 months deferred adjudication and the interlock requirement waived. This outcome preserved the client’s eligibility for the shorter nondisclosure waiting period.

Deferred Adjudication

For some first-time DWI defendants, deferred adjudication is the goal. It’s not a dismissal, but it’s the next best thing, and it’s only available to you because this is your first offense.

With deferred adjudication, you plead guilty or no contest, but the judge doesn’t enter a conviction. Instead, you’re placed on community supervision (probation) for a set period, typically 12 to 24 months. Complete all the terms successfully, and the case is dismissed. You can truthfully say you were never convicted of DWI.

The terms of deferred adjudication usually include reporting to a probation officer, completing a DWI education program, performing community service, paying fines and fees, and abstaining from alcohol and drugs. Depending on your case, you may also need to install an ignition interlock device, though this isn’t automatic for all first offenses.

Our attorneys have secured deferred adjudication outcomes for first-time DWI clients with no fine and no interlock requirement. In one case, attorney Alex Thornton negotiated 12 months deferred adjudication with no fine and no interlock for a client charged with standard DWI. In another, the same attorney secured 17 months deferred adjudication, again with no fine and no interlock. These outcomes show what’s possible when you have experienced representation.

Don’t assume you’ll automatically get deferred adjudication. Prosecutors don’t have to offer it, and judges don’t have to grant it. You need an attorney who knows how to present your case effectively. Call (281) 805-2220 to discuss your options.

When Is an Ignition Interlock Required?

One of the most common questions first-time DWI defendants ask is whether they’ll need to install an ignition interlock device. The answer depends on several factors.

For a standard first DWI (BAC under 0.15%, no accident, no aggravating factors), interlock is not mandatory. Many first-time offenders complete deferred adjudication or probation without ever installing the device. This is one of the key advantages of resolving your case favorably on the first offense.

However, you should expect an interlock requirement if your BAC was 0.15% or higher, if your DWI involved an accident (even without injuries), if the judge specifically orders it as a condition of bond or probation, or if you’re seeking an occupational driver’s license during a suspension period. Some judges require interlock in all DWI cases regardless of BAC, so local court practices matter.

The interlock requirement affects more than just your daily driving. It also determines your path to sealing your record. Texas law allows first-time DWI offenders to petition for a nondisclosure order, but the waiting period depends on whether you had an interlock. If you completed an interlock requirement, you can petition for nondisclosure after 2 years. Without an interlock, you must wait 5 years.

This creates a strategic consideration. In some cases, voluntarily agreeing to an interlock during deferred adjudication can cut your waiting time for record sealing in half. Your attorney can help you weigh the short-term inconvenience against the long-term benefit.

Sealing Your Record: Nondisclosure of DWI

One of the most valuable benefits available to some first-time DWI offenders is the ability to seal your record through a nondisclosure order. This option exists only because this is your first DWI. Repeat offenders cannot seal their DWI records under any circumstances.

A nondisclosure order doesn’t erase your arrest or case. Instead, it prohibits courts and law enforcement agencies from disclosing your record to the public. Most private employers, landlords, and others who run background checks won’t see your DWI. The record remains visible only to certain government agencies, law enforcement, and specific licensing boards.

To qualify for a DWI nondisclosure, you must have successfully completed deferred adjudication or probation for a first-offense DWI. You cannot have any prior convictions for DWI or other intoxication offenses. Your DWI cannot have involved an accident where someone other than you was injured. And you must wait the required period: 2 years after completing supervision if you had an interlock device, or 5 years if you did not.

The practical impact of a nondisclosure is significant. When you apply for jobs, housing, or professional opportunities, most background checks will come back clean. You can move forward without your DWI arrest defining you.

Planning for nondisclosure starts now, with how you resolve your current case. The decisions you make today affect your eligibility and waiting period. Let our attorneys help you build the best foundation for sealing your record. Call (281) 805-2220.

What Happens After a DWI Arrest in Fort Bend County

Understanding the process helps reduce anxiety and allows you to make better decisions about your case. Here’s what typically happens after a DWI arrest in Fort Bend County:

After the arrest, you’ll be transported to the Fort Bend County Jail for booking. For most first-time DWI offenses, you can be released on bond within hours. The bond amount for a first DWI in Fort Bend County typically ranges from $500 to $2,000, though this varies based on circumstances.

Within 15 days of your arrest, you must request an ALR hearing to challenge your license suspension. This administrative hearing is separate from your criminal case and takes place through the Texas Department of Public Safety. Failing to request this hearing means your license will be automatically suspended 40 days after your arrest.

Your criminal case will be filed in one of Fort Bend County’s county courts at law, located at the Fort Bend County Justice Center in Richmond. The case will proceed through arraignment, pretrial hearings, and potentially trial. Most first-offense DWI cases resolve through plea negotiations, but having an attorney ready to go to trial gives you leverage in those negotiations.

How We Defend First-Time DWI Cases

Every DWI case has potential weaknesses. Our job is to find them and exploit them for your benefit. Here are some common defense strategies we use:

The traffic stop itself must be legal. Police need reasonable suspicion to pull you over. If an officer stopped you without a valid reason, any evidence gathered after that stop may be suppressed. We review dash cam footage, body cam footage, and police reports to identify illegal stops.

Field sobriety tests are notoriously unreliable. The Standardized Field Sobriety Tests (SFSTs) were designed under controlled conditions that rarely exist on the side of a Texas highway. Uneven pavement, flashing lights, traffic noise, and officer intimidation all affect performance. We challenge the administration and interpretation of these tests.

Breath and blood tests aren’t infallible. Breathalyzers require proper calibration and maintenance. Blood samples must be properly collected, stored, and analyzed. Chain of custody issues, contamination, and lab errors can all compromise test results. In a recent case, our team secured a dismissal after discovering that the breath testing device had not been properly calibrated.

Protect your rights and your future. Talk to a lawyer before making any decisions about your case. Call (281) 805-2220 for a free consultation.

Case Example: DWI Reduced to Deferred Adjudication

A client came to us after being arrested for DWI with a BAC over 0.15% in the Dallas area. This elevated charge carried Class A misdemeanor penalties, including up to a year in jail and fines up to $4,000. The client faced devastating consequences for their career if convicted.

Our attorney Ashley Feldt examined the evidence and negotiated aggressively with prosecutors. The result: the charge was reduced to a standard Class B DWI, and the client received 15 months of deferred adjudication with no finding of guilt. Upon successful completion of deferred adjudication, the client became eligible to petition for a nondisclosure order to seal their record.

This outcome illustrates what’s possible with skilled representation. Past results do not guarantee future outcomes, but they demonstrate our commitment to fighting for every client.

Deferred Adjudication: Your Best Option for a First DWI

For first-time DWI defendants, deferred adjudication is often the best possible outcome short of dismissal. Under deferred adjudication, you plead guilty or no contest, but the judge defers a finding of guilt. You’re placed on probation, and if you complete all the terms successfully, the case is dismissed without a conviction.

The benefits of deferred adjudication for DWI include no conviction on your record (though the arrest remains visible), eligibility for nondisclosure after waiting periods, and avoidance of mandatory jail time that comes with a conviction. You can truthfully say you were never convicted of DWI on most job applications.

Not everyone qualifies for deferred adjudication. Under Texas Code of Criminal Procedure Article 42A.102, you’re not eligible if your BAC was 0.15% or higher, if you caused an accident with injuries, or if you have prior DWI convictions. However, skilled negotiation can sometimes overcome these obstacles through charge reductions.

What to Expect From Varghese Summersett

When you hire our firm, you get a team of over 70 legal professionals with offices across Texas, including our Houston office that serves Fort Bend County. Our attorneys have secured more than 1,600 dismissals and 800 charge reductions in criminal cases throughout the state.

We handle every aspect of your case. This includes the ALR hearing to protect your license, investigation and evidence review, negotiations with Fort Bend County prosecutors, and trial preparation. You’ll have direct access to your attorney and regular updates on your case.

Our Houston DWI lawyers appear regularly in Fort Bend County courts. We know the prosecutors, the judges, and the local procedures. This familiarity helps us anticipate challenges and identify opportunities that out-of-town attorneys might miss.

Frequently Asked Questions

Will I go to jail for a first DWI in Fort Bend County?

Jail time is possible but not guaranteed for a first DWI. The law requires a minimum of 72 hours in jail if convicted, but many first-time offenders receive probation instead of jail time. With deferred adjudication, you can avoid jail entirely. Your outcome depends on the facts of your case, your BAC level, and the quality of your legal representation.

Can I get a first DWI dismissed in Texas?

Yes, DWI dismissals happen regularly when there are problems with the evidence. Common grounds for dismissal include illegal traffic stops, improperly administered field sobriety tests, unreliable breath or blood test results, and constitutional violations. An experienced attorney can identify weaknesses in the prosecution’s case that may lead to dismissal.

How long does a DWI stay on my record in Texas?

A DWI conviction stays on your criminal record permanently in Texas. However, if you receive deferred adjudication and complete it successfully, you may petition for a nondisclosure order after a waiting period. A nondisclosure seals your record from most public searches while still allowing certain government agencies to see it.

Should I refuse the breath test?

This is a complex question with no simple answer. Refusing the test triggers an automatic license suspension and can be used against you in court. However, refusing also means there’s no BAC number for prosecutors to use as evidence. The best approach depends on your specific situation. If you’ve already taken or refused a test, the focus shifts to defending your case with the evidence that exists.

How much does a DWI cost in Texas?

The total cost of a first DWI in Texas can exceed $10,000 to $15,000 when you factor in fines, court costs, attorney fees, increased insurance premiums, license reinstatement fees, ignition interlock costs, and DWI education classes. The financial impact of a conviction extends for years after the case ends. Investing in quality legal representation often reduces these long-term costs.

A first DWI doesn’t have to define your future. With the right defense strategy, you may be able to avoid conviction entirely or secure an outcome that protects your record and your opportunities. Our team is ready to review your case and explain your options. Call (281) 805-2220 to schedule your free consultation with a Fort Bend County DWI attorney today.