Frequently asked questions

No matter what the situation may seem like, it is impossible to know how to fight a DWI charge without the right training. DWI is very specialized. It involves either infrared spectroscopy (breath testing) or gas chromatography (blood testing). The breath or blood test may not be admissible due to legal or scientific issues. Prosecutors do not generally collect this data (maintenance records, machine validation studies, calibration records). This is specialized data that must be obtained independently. The Coffey Firm has earned a reputation in understanding, obtaining and successfully fighting the forensics of a DWI. What may look like a totally unwinnable case may actually turn out to be a case that the state can’t meet their burden of proof.

A first-time DWI in Texas is a Class B misdemeanor. The penalties for a first-time DWI include:

1. 1. A fine of up to $2,000
   2. Between 3 and 180 days in jail
   3. License suspension for up to two years
   4. DWI intervention or education program
   5. Possible ignition interlock device

The minimum jail time is three days unless you are granted probation. Jail time is not mandatory for a first-time DWI. There are many ways to avoid or reduce jail time.
If you were driving with an alcohol concentration of 0.15 or more, then it is a Class A misdemeanor. The penalties for a Class A misdemeanor include up to one year in jail and/or up to $4,000 in fines.

Getting off of DWI Probation early is a very common question. DWI Probation can feel very different from other types of probation with all of the additional conditions. On top of that, the cost of having an interlock device builds up over time causing financial problems. Early release of DWI Probation is a complicated subject. On the one hand, the law specifically states that one cannot end probation early on an offense under sections 49.04 – 49.08 of the Texas Penal code (i.e., the DWI sections) in Texas Code of Criminal Procedure 42A.701(g). On a deferred adjudication probation, however, the law is a bit more ambiguous.

Overall, the deferred adjudication statutes will control over the other probation statutes on a deferred adjudication probation. This means that the judge may end a DWI Deferred probation early if “the best interest of society and the defendant will be served”. Further, a successfully completed deferred probation may not act as grounds to deny/suspend/revoke professional or occupational licenses/certificates (with a few exceptions) if the person is otherwise qualified. In the end, the decision to allow for early release of DWI deferred probation is up to the judge’s discretion. Many judges listen to what probation tells them, though. So, performing perfectly on probation means that probation may give the judge a good report.