First Offense DWI

First Offense DWI Attorney in Odessa

Your Path to Fair Representation & Support in Texas

Navigating a first offense DWI charge in Odessa, TX, can be daunting. At Sarabia Law Firm, we understand the complexities and anxieties involved in these situations. Our focus is to provide personalized, locally informed, and effective legal representation to help you manage this challenging time.

Dealing with a DWI charge is not just a legal challenge; it can have significant personal and professional repercussions if not effectively managed. Our firm is dedicated to alleviating the stress associated with such charges by providing a clear roadmap and unwavering support. 

Whether it's explaining the nuances of local DWI laws or preparing for court appearances, we stand by your side every step of the way. Our goal is to help you preserve your livelihood and peace of mind during this unsettling period.

Facing a first offense DWI? We offer free consultations and virtual consultations. Contact a first offense DWI lawyer in Odessa to protect your future. Call (432) 224-8036 or reach out online.

Understanding First Offense DWI Laws in Odessa

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.

Key Elements the Prosecution Must Prove

To convict you of a first offense DWI, the state must prove, beyond a reasonable doubt, the following elements:

  • Operation of a Motor Vehicle: This means you were in actual physical control of the vehicle.
  • In a Public Place: This includes any street, highway, or other place accessible to the public.
  • Intoxicated: This is the most contested element in a DWI case. The prosecution will try to show that you were either "per se" intoxicated (a BAC of 0.08 or higher) or that you had a loss of the normal use of your mental or physical faculties due to alcohol or drugs.

The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on Field Sobriety Tests (FSTs), and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced first offense DWI lawyer in Odessa.

Classifications and Degrees (Penalties) of the Offense in Texas

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. 

A knowledgeable Odessa first offense DWI attorney will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's claims.

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

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.

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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.

  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 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.

Comprehensive DWI Defense Process in Odessa

Our approach to DWI defense is thorough and strategic. We begin with an in-depth evaluation of your case during the initial consultation, during which we discuss potential courses of action tailored to your unique circumstances. 

Following this, we conduct a meticulous review of all evidential documents and procedural steps taken during your arrest, identifying any inconsistencies or areas of concern. 

We are skilled negotiators who will work with the prosecutor to secure a favorable plea agreement, such as a reduction of charges to a lesser offense like reckless driving. However, if a fair plea cannot be reached, we will not hesitate to take your case to trial.

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When your future is on the line, we're here to help. Protect your rights by contacting us now for a free consultation: (432) 224-8036.
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Building a Strategic Defense for First DWI Offenses

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Odessa first offense DWI attorney, 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 Us for Your First DWI Defense in Odessa

As native residents of Odessa, our team knows the local legal landscape and community influences better than anyone. Sarabia Law Firm offers tailored guidance and the assurance of a deep connection to the regional community. 

Here’s how we stand out:

  • Local Expertise: Our native insight allows us to navigate the complexities of Odessa’s legal system with ease.
  • Personalized Attention: We treat every case based on its unique circumstances, ensuring you receive the attention you deserve.
  • Cutting-Edge Technology: Our use of advanced technology facilitates effective communication and trouble-free legal proceedings.
  • Free Consultations: Understanding your legal needs without any initial financial commitments helps you take informed decisions.

By focusing locally, we realize that our community-driven approach is crucial for instilling confidence and trust within our clients. We understand that facing a DWI charge can feel isolating; thus, our priority lies in ensuring that you feel supported and empowered throughout this process.

Take the Next Step with Confidence

Facing a first offense DWI in Odessa can feel overwhelming, but you’re not alone. Learn how Sarabia Law Firm we can support your defense journey and help alleviate the stress associated with your case, making the process as smooth and transparent as possible.

Reach out to us at (432) 224-8036 or contact us online for a free consultation.

Why Clients Choose Sarabia Law Firm

What Sets Our Team Apart?
  • Local Advocacy
    We are deeply rooted in your community and understand the local legal landscape. This enhances our ability to effectively represent you, as we are familiar with the nuances of the local courts and legal environment.
  • Comprehensive Support
    From start to finish, we guide you through the entire legal process with unwavering support.
  • Straightforward and Honest Representation
    At our firm, we prioritize transparency. Our goal is to equip you with the clear and actionable advice you need to navigate your legal challenges effectively.
  • Free Consultations
    Take the first step toward a strong defense with our free consultation, providing personalized legal advice and a strategic plan tailored to your unique situation at no cost.

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