Brett PodolskyBrett Podolsky

  • Home
  • Attorney Profile
    • Hire an Affordable Houston Attorney
  • Practice Areas
    • Abuse
      • Child Abuse
      • Child Abandonment
      • Child Injury
      • Child Protective Services
      • Child Sexual Abuse
      • Elder Abuse
      • Hate Crimes
      • Protective Order Violations
      • Stalking
    • Drug Charges
      • Cocaine
      • Drug Possession
      • Drug Possession Penalties
      • Drug Trafficking Penalties
      • Marijuana
      • Manufacture of Controlled Substances
      • Methamphetamine
      • Possession of Controlled Substances
    • DWI
      • ALR Hearings
      • First Offense DWI
      • Second or Third DWI
      • DWI Penalties
      • DWI Blood Test
      • Underage DWI
      • DWI with a Minor Passenger
      • Intoxicated Manslaughter
    • Federal Crimes
      • Bank Robbery
      • Federal Drug Charges
      • Federal Wire Fraud
    • Internet Crimes
      • Internet Sex Crimes
      • Online Impersonation
      • Online Solicitation of a Minor
    • Sex Crimes
      • Aggravated Sexual Assault
      • Child Molestation
      • Child Pornography
      • Child Sexual Abuse
      • Date Rape
      • Improper Photography or Visual Recording
      • Improper Relationship Between Educator and Student
      • Indecency with a Child
      • Indecent Exposure
      • Internet Sex Crimes
      • Public Lewdness
      • Prostitution
      • Sexual Assault
      • Sexual Assault of a Child
      • Sex Crime Investigation
      • Sex Crimes Penalties
      • Sex Offender Registration
      • Prostitution Solicitation
      • Statutory Rape
    • Theft & Property Crimes
      • Arson
      • Bank Robbery
      • Burglary
      • Criminal Trespassing
      • Embezzlement
      • Robbery
      • Shoplifting
    • White-Collar Lawyer
      • Check Fraud
      • Compounding Pharmacy Fraud
      • Credit Card Abuse
      • Forgery
      • Fraud
      • Health Care Fraud
      • Identity Theft
      • Insurance Fraud
      • Medical Fraud
      • Wire Fraud
      • Money Laundering
    • Violent Crimes
      • Assault
      • Aggravated Assault
      • Assault of a Family Member
      • Intoxication Assault
      • Manslaughter
      • Intoxicated Manslaughter
      • Murder
      • Attempted Murder
      • Capital Murder
      • Domestic Violence
      • Hit and Run
      • Kidnapping
      • Terroristic Threats
      • Criminally Negligent Homicide
    • Miscellaneous
      • Driving With a Suspended License
      • Environmental Crimes
      • Evading Arrest
      • Expunction
      • Failure to Appear
      • False Allegations
      • Guns & Weapons
      • Human Trafficking
      • Orders of Non-Disclosure
      • Applying for Parole
      • Personal Injury Attorney
      • Probation Violation
      • Criminal Mischief
      • Misdemeanor Crimes
      • Felony Lawyer
  • Free Ebook
  • Blog
  • Contact
713.227.0087
Schedule a Free Consultation

First Offense DWI

Houston First Offense DWI Lawyer – Brett A. Podolsky

Drunk driving can mean big trouble in the state of Texas. Even a driver’s first driving while intoxicated (DWI) conviction can make life difficult. Anyone who is facing a first DWI charge in the Houston-area should retain the services of an expert DWI attorney to represent them in court.

Stop worrying about your future if you have been charged with a DWI. Contact attorney Brett Podolsky and receive the best legal representation possible. We can help protect your freedom.

What is DWI?

To be charged with a DWI in Texas, the police must show that a driver was operating a vehicle with a blood alcohol content (BAC) of at least 0.08. Conviction may also occur if it can be shown that the driver was mentally or physically impaired by drugs or alcohol. Nevertheless, a police officer must first have probable cause to make a traffic stop and arrest. Swerving, speeding or running a red light can provide probable cause for a traffic stop by the police. An open container of alcohol in the vehicle, failure to pass a field sobriety test or admitting to drinking alcohol can also result in a DWI arrest.

A first DWI offense is a Class B misdemeanor in the state of Texas. A first DWI can lead to three days to six months in jail or a fine of no more than $2,000. Depending on the nature of the charge, a defendant may also be subject to the following charges and penalties:

  • Driving while intoxicated with a minor in the vehicle: A defendant can receive six months to two years in prison or a fine of up to $10,000 for driving while intoxicated with a minor child under the age of 15.
  • Intoxication assault: This charge can be levied when a drunk driver seriously injures another party. DWI assault is classified as a third-degree felony in the state of Texas. If convicted, a defendant can receive up to 10 years in prison or a fine of no more than $10,000.
  • DWI manslaughter: Causing the death of another person while driving under the influence of drugs or alcohol is a second-degree felony. Conviction can result in up to 20 years in prison or a fine of up to $10,000.

Consequences of Your First DWI Offense

Anyone convicted of a first DWI misdemeanor must spend at least three days in county jail. The mandatory incarceration requirement rises to six days if there was an open container of alcohol in the vehicle. The judge or jury may also choose to sentence an offender to probation or community service.

Get Help From a Houston DWI Lawyer

Aside from the possibility of having their license suspended, a defendant in a DWI misdemeanor case may also be required to pay administrative fees, undergo rehabilitation for drugs and alcohol, or install an ignition interlock device in their car.

To learn about the potential criminal penalties and legal defenses for a first driving while intoxicated conviction, speak with board certified attorney Brett Podolsky today at 713-227-0087.

Brett Podolsky

Brett A. Podolsky
917 Franklin St. Ste 510,
Houston,TX77002

(713) 227-0087 / Answered 24/7 (713) 227-9900
info@brettpodolsky.com

Brett A. Podolsky 917 Franklin St. Ste 510, Houston,TX77002

Home Resources
Attorney Profile Blog
Free-ebook Contact Us

Copyright © 2025 Brett A. Podolsky

Legal Disclaimer and Privacy Policy