First-Time & Repeat DWI Offenses in Texas: Why Your Case Deserves a Smart, Individual Approach

DWI

Being charged with DWI—even for the first time—can shake your confidence, threaten your independence, and jeopardize your future. In Texas, penalties escalate quickly, especially for repeat offenses. But you’re not powerless. At Christian & Nisbet, we use proven defense strategies tailored to the facts—not one-size-fits-all tactics.

Understanding First-Time DWI in Texas

A first-time DWI (boating or driving) with a BAC (blood-alcohol content) of .08–.15 results in:

  • Up to 180 days in jail

  • Fines up to $2,000

  • License suspension for 90 days to one year

  • Possible ignition interlock device monitoring

  • Annual surcharge fees (you pay to stay licensed)

If your BAC hits .15 or you had a minor in the vehicle, these penalties jump—and so do the defense stakes.

Repeat DWI Offenses: It Gets Real Fast

Texas treats repeat DWI cases much more severely:

  • Second offense: Class A misdemeanor—up to 1 year in jail, up to $4,000 fine

  • Third offense: Third-degree felony—up to 10 years in prison, up to $10,000 fine

  • Fourth or higher: Second-degree felony—up to 20 years in prison, up to $10,000 fine

That progression may seem surprising to many, but it’s why acting early and smart is crucial.

What’s Changed in Texas DWI Law (2023–2025)

Recent updates include:

  1. Lowered BAC thresholds for ignition interlock requirements—even some first-time offenders must install devices during license suspension.

  2. New diversion and educational programs to keep low-risk offenders out of jail. Eligibility criteria have expanded—but it still takes skilled representation to get you in.

  3. Stricter enforcement of mandatory minimums—particularly when your BAC is over .15 or there were aggravators like minors, accidents, or crashes.

These legislative tweaks matter—and ignoring them can hurt your chances of a better outcome.

How We Defend First-Time & Repeat DWI Charges

Your case needs a strategy unique to you. We don’t do cookie-cutter defenses. Here’s how we build yours:

  1. Stop-and-Scene Analysis-Was the traffic stop lawful? Did the officer have reasonable suspicion? If not, key evidence—including BAC readings—may be suppressed and your case dismissed.

  2. Field Sobriety Test Accuracy-Tests like the one-leg stand or HGN aren’t perfect and can be affected by health, weather, or nerves. We challenge their administration and accuracy.

  3. Breath & Blood Test Reliability-Calibration errors, mishandling, and chain-of-custody mistakes can invalidate results. We examine every aspect of how samples were collected and processed.

  4. Diversion & Alternative Programs-Many first-time offenders qualify for probation, community service, or substance abuse programs instead of jail time. We negotiate aggressively for your best options.

  5. Repeat Offender Strategy-With repeat charges, we look for flaws anywhere in the procedure—eligibility for reduction, alternative sentencing paths, and fight to avoid mandatory prison terms.

What You Should Do Now

  • Immediately request an ALR hearing (Administrative License Revocation) after arrest

  • Avoid speaking to officers or prosecutors without a lawyer

  • Don’t submit to breath or blood tests without first calling a defense attorney

  • Compile any video, witnesses, or dashboard cam footage from the traffic stop

Your future depends on how early—and how smartly—you respond.

Final Thoughts

Whether it’s your first DWI or your third, Texas law demands your attention—and so does your choice of defense. A mere suspicion isn’t enough for them to lock you up. With our help, you can challenge the evidence, protect your license, and preserve your freedom.

When your independence and future are on the line… we’re that call.

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