First Offense DWI Attorney in Kerrville

Trustworthy Defense & Dedicated Guidance for Your First DWI Charge

Facing a first offense DWI in Kerrville can be daunting. At The Law Office of Patrick O’Fiel, P.C., we are here to provide the trusted legal support you need. With over 20 years of experience in criminal defense, our team understands the intricacies of DWI cases and offers personalized representation to protect your rights and minimize the impact on your life.

Facing a first offense DWI? Contact our first offense DWI attorney in Kerrville, a fifth-generation lawyer, to protect your future. Call (830) 331-5977 or reach out online.

Understanding First Offense DWI Laws in Texas

Under Texas law, a person commits the offense of Driving While Intoxicated (DWI) if the person is intoxicated while operating a motor vehicle in a public place. 

The legal definition of "intoxicated" is critical and is defined in Texas Penal Code § 49.01(2) as:

• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR
• Having an alcohol concentration of 0.08 or more.

A first offense DWI is typically prosecuted as a Class B misdemeanor. However, the charge can be elevated to a Class A misdemeanor if a chemical test shows the defendant's blood alcohol concentration (BAC) is 0.15 or higher. This distinction is crucial, as the penalties for a Class A misdemeanor are significantly more severe. A knowledgeable Kerrville first offense DWI attorney will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's claims.

Classifications and Degrees of A First DWI Offense in Kerville

In Texas, a first offense DWI is a serious criminal offense. While it is typically a misdemeanor, the charge can be elevated to a felony under specific circumstances.

• First Offense (Class B Misdemeanor): This is the most common charge for a first offense. A conviction can result in a jail sentence of 72 hours to 180 days, a fine of up to $2,000, and a driver's license suspension of 90 days to one year. If the offender had an open container of alcohol in their vehicle, the minimum jail sentence is increased to six days.
• First Offense (Class A Misdemeanor): The charge is elevated to a Class A misdemeanor if your BAC is 0.15 or higher. A conviction can result in a jail sentence of 72 hours to one year and a fine of up to $4,000.
• DWI with Child Passenger: If a child under the age of 15 was in the vehicle with you, the charge is automatically a State Jail Felony, even on a first offense. This is a very serious charge that a dedicated Kerrville first offense DWI lawyer will take on with the utmost seriousness.
• Intoxication Assault or Manslaughter: If your impaired driving causes serious bodily injury or death to another person, the charge is automatically a felony, regardless of prior convictions.

A knowledgeable first offense DWI attorney in Kerrville will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties and Collateral Consequences of a DWI Conviction in Texas

The severity of the penalties depends on the specific classification of the offense:

• Incarceration: Jail time, ranging from a mandatory 72 hours to 180 days for a Class B misdemeanor, or up to a year for a Class A misdemeanor. The jail time may be probated, meaning you serve a portion of it and then are released to probation.
• Fines and Surcharges: Fines can be substantial, often reaching up to $4,000. A conviction can also lead to an annual surcharge of $1,000 to $2,000 for three years to maintain your driver's license.
• License Suspension: Your driver's license will be suspended for a period of time, ranging from 90 days to one year.
• Ignition Interlock Device (IID): You may be required to install an IID on your vehicle for a period of time.
• DWI Education Program: You will be required to attend and complete a DWI education program.

Collateral Consequences

A criminal record for a DWI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a DWI conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Texas Criminal Defense Process for First Offense DWI Charges

The legal process following a first offense DWI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive first offense DWI lawyer in Kerrville who understands the intricacies of the Texas legal system.

1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
2. The Administrative License Revocation (ALR) Process: After a DWI arrest, you have a critical 15-day deadline to request a hearing to challenge the automatic suspension of your driver's license.
3. Arraignment: This is your first appearance before a judge where you will be formally notified of the charges and enter a plea. We will advise on the appropriate plea and begin building your defense.
4. Discovery and Pre-Trial Motions: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file pre-trial motions to challenge the evidence.
5. Plea Negotiations or Trial: We engage in negotiations with the prosecutor to reach a favorable plea agreement. However, we are always prepared to take your case to trial and present a strong defense.
6. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

Building a Strategic Defense Against A First DWI Offense

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Kerrville first offense DWI lawyer, we will leverage every possible defense, including:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Lack of Impairment: We can argue that despite the BAC reading, you were not actually impaired and were able to drive safely. This defense is often used in conjunction with a "rising BAC" defense, where we argue that your BAC was below the legal limit at the time of driving and rose afterward.

Why Choose the Law Office of Patrick O’Fiel, P.C.

Clients choose us for our legacy of personalized care and comprehensive legal service. As a fifth-generation attorney, The Law Office of Patrick O’Fiel, P.C. offers a deep understanding of the region's legal landscape, ensuring you receive the most informed and effective defense possible.

• Experienced Representation: Benefit from over two decades of focused legal practice in DWI defense. This extensive experience means that not only are we familiar with the letter of the law, but we've also built valuable relationships with local judges, prosecutors, and court personnel.
• Personal Attention: We prioritize client communication, keeping you informed every step of the way. Our team takes the time to explain every phase of your case, demystifying the legal jargon and ensuring you fully understand whatever actions we take on your behalf. This transparency is a cornerstone of our practice, ensuring you feel supported and knowledgeable throughout the process.
• Comprehensive Support: Our extensive network of professionals provides additional insights and expertise to strengthen your case. Whether it’s accessing top-tier forensic experts to review breathalyzer reliability or consulting with psychologists to address any underlying issues, our goal is to leave no stone unturned in crafting your defense strategy.

What to Expect from Our Legal Process

Engaging with The Law Office of Patrick O’Fiel, P.C. means embarking on a journey where your needs and concerns are prioritized. 

Here's how we handle your first offense DWI:

• Initial Consultation: We discuss the specifics of your case and outline potential defense strategies. This consultation is also an opportunity for us to understand your personal objectives, be it keeping your record clean or avoiding any disruption to your career. Tailoring our approach to serve these goals boosts the relevance and effectiveness of your defense.
• Case Investigation: Thorough analysis and evidence gathering tailored to your individual circumstances. We examine every detail, including traffic stop records and any witness statements. This deep dive is crucial in identifying any inconsistencies or errors in the evidence presented against you, which can then be used to negotiate lesser charges or dismissals.
• Strategic Defense Development: We craft a defense strategy focused on achieving the best possible outcome. By staying current with the latest legal precedents and technological advancements in DWI testing, we ensure that our defensive tactics are cutting-edge and tailored to dismantle the prosecution's case.
• Active Court Representation: With a deep understanding of Kerrville's legal environment, we advocate for you. This active representation includes negotiating plea deals that could significantly reduce your penalties or exploring alternatives like probation that keep jail time off the table, thus safeguarding your day-to-day life and future opportunities.

Start Your Defense Journey with Us Today

If facing a first offense DWI in Kerrville, reach out to The Law Office of Patrick O’Fiel, P.C.. A compassionate, experienced team awaits to support you, ensuring stress reduction and clarity throughout your legal proceedings. Engaging our services grants you access to a personalized defense crafted to meet your individual needs, fortified by our dedication to effective outcomes. 

Call us at (830) 331-5977 or reach out online for your free consultation and begin your journey with trusted allies by your side, striving to protect your future and restore your peace of mind.