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Can you go to jail for a DWI?

If you have landed on this page, you or someone you know likely was recently arrested and accused of DWI. You may feel lost, confused, hopeless, and not be sure where to turn. Make no mistake about it; you can go to jail for a DWI charge in the state of Texas – even if it’s your first offense.

Can you go to jail for a DWI?

Having a dedicated DWI attorney in San Antonio on your side could help reduce your charges and consequences, including avoiding jail time. The sooner you hire your own attorney, the better the outcome could be. By securing the services of your own lawyer, you may be able to reduce the consequences you are facing, including reducing the cost of your DWI and avoiding jail time.

What to Expect After a DWI Arrest

After you failed a field sobriety or a breathalyzer test, you were likely arrested and booked into the local jail. If you were able to post bond, you are now likely out of jail, awaiting a trial. The court-appointed attorney is hard at work on your case, or are they? Common questions for people at this stage include:

Should I hire my own lawyer?

Our justice system is such that those accused of a crime who cannot afford their own attorney will be able to receive one through the court. While this seems just, a court-appointed attorney often simply does not have the time it takes to provide the strongest possible defense in every case. DWI defendants are generally more successful when they hire a San Antonio DWI lawyer to assist them instead of relying on the court-appointed attorney or doing nothing at all.  In the end, you are less likely to see the walls of a jail cell or face other severe consequences when your case is handled by your own private lawyer. 

How Much Will a DWI Cost Me?

A single first-time DWI offense can come with a price tag of an upwards of $10,000 once everything is said and done. This includes fines, fees, and attorney fees.  It may seem like it is best not to spend money to hire your own attorney; however, this is very much a myth. An experienced lawyer could get your DWI charges dropped or reduced, which usually equates to lower fines and fees for you to pay. In the long run, the representation of an experienced DWI attorney in San Antonio could mean that you pay less for your entire DWI ordeal.  

A DWI 1st with a blood alcohol concentration (BAC) of a .14 or lower carries up to six months in jail, up to a $2000 fine, as well as a driver’s license suspension, other fines, court costs, fees, and a lifelong criminal conviction.

A DWI with a blood alcohol concentration of a .15 or higher carries up to one year in jail, up to a $4000 fine, as well as a driver’s license suspension, other fines, court costs, fees, and a lifelong criminal conviction.

The minimum is zero jail time. Most people use the “up to” language because frankly, it is scarier.  There is a mandatory DL suspension (as is noted in the current response). Duration is dependant on a number of factors.  

Will I go to Jail for my DWI?

Jail time is one of the consequences laid out for convicted DWI defendants. Unfortunately, the answer to this question is not always cut and dry. Many DWI offenders do spend time in jail. Under Texas Penal Code §49.04, a first time offender could spend between 90 days and one year in jail. A second offender will face between 30 and 365 days in jail while a third time-offender between two and ten years. DWI defendants who hire an experienced DWI attorney in San Antonio to work on their case are usually the ones that receive the least jail time, if any, at all. 

Who will Find out about my DWI?

A DWI conviction will become a permanent part of your public and legal record. Searching for, obtaining, and studying these public records is a public right under Texas’s Public Information Act. If you have a DWI on your record, you will have to list it on job applications and may be turned down for a position due to your conviction. Your best bet for keeping your DWI arrest as quiet as possible is to hire an attorney who could help get your charges dismissed or reduced. 

Call Us Today to Schedule a Free Case Evaluation with a DWI Attorney in San Antonio

An experienced DWI lawyer in your area will be familiar with local and state laws, as well as any cases similar to yours that may impact the outcome of your case. Even if the law enforcement officers who arrested you told you that you had failed the breathalyzer or blood test, you do not have to accept the services of a public defender or plead guilty. Instead, consult with a private attorney whose job is to represent DWI defendants and resolve their cases as favorably as possible. You can speak to Trey Porter directly by calling or texting 210-920-1281 or complete our online contact form. If you want to change the course of your DWI, reach out today. 

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    I hired Mr. Trey Porter after getting a D.U.I. Was very much scared because I am a nurse and thought I would lose my livelihood. Mr Porter was reassuring and kind. He was also very confident.

    Stephen, October 2017

    Mr Porter was recommended to me by a coworker. He helped her out of a DWI 3 years ago, and he did the same for me.

    Sammy, September 2017

    Mr. Porter is very professional, he works diligently, efficiently, is in constant contact, and prompt!!! The key ingredients for a great lawyer.

    Sheila Torres, July 2018

    Trey is one of the best in the business. I was in complete shock of the outcome for the case, the best scenario was achieved in a not so great situation. Would absolutely recommend to everyone.

    Stacey Reyes, November 2018

    Trey is a phenomenal attorney that gets the job done right! He is dedicated to helping his clients. He made himself available and answered all my concerns immediately!

    Bindia, March 2018