Driving while intoxicated (DWI) cases run on two tracks at once, one in criminal court and one at the Department of Public Safety. Drivers stopped in Central Texas bring both to Derek Israel Law, PLLC, where our DWI lawyer in Lockhart and New Braunfels, TX, protects their license and record.
Penalties For A First Offense
A first DWI is a Class B misdemeanor, carrying 3 days to 180 days in county jail, plus a fine of up to $2,000. A tested alcohol concentration of 0.15 or higher raises the same conduct to a Class A misdemeanor.
Court costs and a separate state fine add on the jail range and whatever the judge orders. Insurance rates then climb for years, which makes the real cost far higher than the sentence suggests.
What Happens On A Second Or Third Arrest?
Exposure climbs sharply with each one. A second offense becomes a Class A misdemeanor with a 30-day minimum, and a third becomes a third-degree felony punishable by two to 10 years in prison plus an ignition interlock requirement.
The License Case Moves First
Administrative license revocation runs on its own schedule, separate from anything happening in criminal court. Drivers have 15 days from the arrest to request a hearing, and the request has to cover the right issues:
- Whether reasonable suspicion supported the traffic stop
- Whether probable cause supported the arrest
- Whether the refusal or the test result was properly documented
- Whether the officer gave the required statutory warnings
That hearing also includes sworn testimony from the arresting officer months before any trial date. Our attorney uses that transcript later to lock down details that tend to shift once a jury is watching.
Contact Derek Israel Law
Potential Defense Strategies for DWI
Breath and blood testing fail more often than clean-looking results suggest, and field sobriety scoring stays deeply subjective in practice. Our lawyer examines every stage of the stop and the testing that followed it closely, including the following:
- Maintenance and calibration records for the breath instrument
- Blood draw procedure, storage temperature, and chain of custody
- Medical conditions that mimic impairment
- Video that contradicts the written narrative
Rising alcohol arguments matter too, since the legal question is impairment while driving rather than an hour later at the station. Our DWI lawyer in Lockhart and New Braunfels, TX, raises that timing gap whenever the numbers allow.
Deferred Adjudication Changed The Math
House Bill 3582 opened deferred adjudication to first-time defendants charged under Section 49.04 of the Penal Code beginning September 1, 2019, though only when the tested concentration stayed below 0.15 and no commercial license was involved. An ignition interlock condition comes with it.
Save Your License And Your Record
Fifteen days pass quickly, and a suspended license complicates work, school, and childcare almost immediately. Derek Israel Law, PLLC, answers the phone directly and gives drivers across central Texas straight answers about what comes next and what it will cost. Call (512) 407-3390 or book a free consult today, before the clock runs out.
"Great experience he really fought on my case he fights for the truth !"
"I would highly recommend working with Derek Israel Law. He was very easy to get a hold of and very responsive when needed. With his help we were able to have a very favorable outcome. I can’t say enough good things."
"I've had my fair share of criminal defense attorneys both paid and court appointed. Derek went above and beyond to get my charge dismissed. If you want a defense attorney who's been on both sides of the law, knows the law and will put in the hard work to serve your interests he's your man. Cannot say enough about how engaged Derek was every step of the way in this journey. I hope I never need another defense attorney but if I do there's no other attorney I'd consider calling. Thank you Derek."
