First Offense DUI Defense in Bryan, TX

It can be an awful feeling for a driver when the lights of the police car show up in the rearview mirror. The feeling can get even worse when a breath or blood test shows the driver’s blood-alcohol content (BAC) level at or above 0.08%, the legal limit in the state of Texas. It can feel like there’s no way out. Defendants and their families need to know that this isn’t true—there are a lot of very realistic ways to successfully challenge a DWI charge. Our lawyers represent clients in Bryan, College Station, and throughout Brazos County. 

James, Reynolds, Spiegelhauer & Ask has fought for defendants since 1983. Our lawyers have over 90 years of combined experience. Three of our partners were former prosecutors. They know firsthand that the District Attorney’s case is not always as airtight as they would have defendants believe. 

We strongly urge anyone charged with a DWI—before you plead out, call our office at (979) 227-3305. Our phone lines are open 24/7, and we offer free consultations.

Understanding DWI Penalties in Texas

The penalties for a first-time DWI offense in Texas include fines of up to $2,000, up to 180 days of jail time, and the loss of your driver’s license for up to two years. 

For a second offense, the fines can be up to $4,000. The jail sentence will be at least one month and potentially as long as a year. Your driver’s license can still be taken away for as long as two years. 

On a third offense, the potential fine skyrockets to $10,000, while prison time may be anywhere from 2 to 10 years. 

In all cases, a DWI conviction may result in consequences ranging from a mandated ignition interlock device, a mandatory State traffic fine up to $6,000, and more.

It's important to note that these penalties apply not only to driving under the influence of alcohol but also encompass intoxication from any impairing substance, including drugs. 

How to Challenge DWI Charges Effectively

Law enforcement has stringent requirements that must be met when they arrest someone for driving while intoxicated. 

Those requirements include: 

• The arresting officer must have had both reasonable suspicion to make the stop and probable cause to order the test. 
• The breath or blood test results must be accurate. 

Establishing Reasonable Suspicion in DWI Stops

Texas police officers cannot pull over a vehicle unless they have "reasonable suspicion" that the driver is breaking the law. This means that the officer must have specific and articulable facts that, when combined with rational inferences from those facts, would lead them to reasonably suspect that the driver is under the influence of alcohol. A common example is when a driver starts to drift over the center line. 

The concept of reasonable suspicion is grounded in the Fourth Amendment, which protects individuals from unreasonable searches and seizures by law enforcement. This legal standard ensures that traffic stops are not made arbitrarily or without sufficient cause. It requires officers to have objective reasons for suspecting that a violation of the law has occurred, providing a safeguard against unjustified intrusions into motorists' privacy.

Furthermore, the requirement for reasonable suspicion in Texas DWI stops underscores the importance of law enforcement officers observing specific behavior or circumstances that give them cause to believe a violation has occurred. This legal standard serves to balance the interests of public safety with individual rights, promoting fairness and lawful conduct in traffic enforcement procedures.

It has to be said that reasonable suspicion is not a high bar for the arresting officer to establish. However, our attorneys will still insist that this be proven. If it’s not, the charges must be dismissed. 

Understanding Probable Cause in DWI Arrests

The concept of probable cause is closely intertwined with reasonable suspicion but represents a higher threshold of justification. In the context of a DWI stop, probable cause would be necessary for an arrest to be made after the initial stop based on reasonable suspicion.

For a DWI arrest in Texas, probable cause would entail the presence of facts and circumstances that would lead a reasonable person to believe that the driver was operating a vehicle while intoxicated. These could include the odor of alcohol or an open liquor container in the vehicle. 

Police officers may also use a field test as the basis for an arrest and subsequent blood or breath tests. It bears emphasizing that drivers do not have to get out of their car and take a field test. However, if they do so voluntarily, the results of the field test can be used as probable cause. 

Commonly Asked Questions

What should I do immediately after being charged with a first offense DUI in Bryan, TX?

If you find yourself charged with a first offense DUI in Bryan, TX, the first step is to remain calm and avoid making any statements to law enforcement that could be used against you. It's crucial to contact a knowledgeable attorney who understands the local laws and can guide you through the legal process. Our firm offers free consultations, allowing you to discuss your situation without any financial commitment.

What are the long-term consequences of a DUI conviction?

A DUI conviction in Brazos County can lead to serious long-term consequences. Aside from immediate penalties like fines and potential jail time, a conviction can result in a criminal record that may affect your employment opportunities, driving privileges, and insurance rates. Additionally, you may be required to install an ignition interlock device in your vehicle, which can be both inconvenient and costly.

What are the differences between reasonable suspicion and probable cause in DUI cases?