First-Offense DWI Defense in Bryan, TX

Bryan DWI Defense Backed by Three Former Prosecutors & 90+ Years of Experience

When police lights appear in the rearview mirror and a breath or blood test comes back at or above 0.08%, it can feel like the case is already decided. It isn’t. There are realistic, well-established ways to challenge a DWI charge. Knowing which ones apply to your case requires an attorney who understands how the prosecution builds its case from the inside. Our lawyers represent clients in Bryan, College Station, and throughout Brazos County.

James, Reynolds, Ask & Kleinschmidt has defended clients since 1983. Our attorneys bring over 90 years of combined experience to every case. Three of our partners are former prosecutors who know firsthand that the District Attorney’s case is rarely as airtight as it appears.

Before you enter a plea, call our office at (979) 227-3305. Our phones are answered 24/7, and we offer free consultations.

Understanding DWI Penalties in Texas

A first-offense DWI in Texas carries fines up to $2,000, up to 180 days in jail, and a license suspension of up to one year.

A second offense raises the fine ceiling to $4,000, with a jail sentence of at least one month and up to one year, and a license suspension of up to two years.

A third offense carries fines up to $10,000 and a prison sentence of two to 10 years.

In addition to base fines, every DWI conviction triggers a mandatory state traffic surcharge of $3,000, $4,500, or $6,000 depending on offense level, along with potential court costs and a mandatory ignition interlock device requirement. These penalties apply to intoxication by any impairing substance: alcohol, illegally possessed drugs, and prescription medications alike.

Aggravating Factors That Elevate a DWI Charge in Texas

Not every DWI charge carries the same weight. Certain facts present at the time of arrest can raise the offense level significantly, turning a standard misdemeanor into a felony with far more serious consequences.

Elevated BAC
A first-offense DWI with a BAC of 0.15 or higher is elevated from a Class B to a Class A misdemeanor. The maximum fine rises to $4,000, the maximum jail sentence becomes one year, and mandatory ignition interlock device installation is triggered.

Child Passenger
If a passenger under age 15 is in the vehicle, the charge becomes a state jail felony, carrying six months to two years in a state jail facility and a fine up to $10,000.

Intoxication Assault
Causing serious bodily injury to another person while driving intoxicated is a third-degree felony, punishable by two to 10 years in prison and fines up to $10,000.

Intoxication Manslaughter
Causing the death of another person while driving intoxicated is a second-degree felony, punishable by two to 20 years in prison and fines up to $10,000.

Third or Subsequent DWI
A third conviction is a third-degree felony regardless of whether an accident occurred.

Commercial Driver’s License (CDL) Holders
CDL holders face a reduced BAC threshold of 0.04%, and a conviction can result in CDL disqualification.

How to Challenge DWI Charges Effectively

Law enforcement must satisfy specific legal requirements before a DWI arrest is valid. Two of the most important:

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

Establishing Reasonable Suspicion in DWI Stops in Bryan

Texas officers can’t pull over a vehicle without reasonable suspicion that the driver is breaking the law. That means specific, articulable facts, grounded in the Fourth Amendment, that would lead a reasonable officer to suspect a violation. Drifting across the center line is a common example. The bar isn’t high, but it must be cleared. If an officer can’t establish it, the charges may be dismissed, and we can hold them to that standard.

Understanding Probable Cause in DWI Arrests

Probable cause is a higher threshold than reasonable suspicion. After a stop, an officer must have facts and circumstances that would lead a reasonable person to believe the driver was operating a vehicle while intoxicated: the odor of alcohol, an open container, or similar observations. Officers may also use field sobriety tests as the basis for an arrest. Drivers aren’t required to submit to field sobriety tests, but if they do voluntarily, the results can establish probable cause.

The ALR Hearing After a DWI Arrest in Bryan

A DWI arrest in Texas triggers two separate proceedings: the criminal case and an administrative license revocation (ALR) hearing before the Texas Department of Public Safety. The ALR hearing is a civil proceeding that runs on its own timeline, entirely independent of the criminal case. A favorable outcome can preserve your driving privileges while the criminal matter is still pending.

The deadlines are strict. If you refused a chemical test or submitted a breath test registering 0.08 or higher, you have 15 days from the date of arrest to request a hearing. If blood was drawn, the deadline runs from the date of the DPS suspension notice, which is sent after lab results are confirmed. Miss the deadline and your license is automatically suspended 40 days from the arrest or letter date.

One factor specific to this area: Brazos County is a no-refusal jurisdiction. If you refuse a chemical test, law enforcement will typically seek a search warrant to draw blood regardless, and the refusal itself can be introduced as evidence at trial. If your license is ultimately suspended, you may apply for an occupational license to maintain driving privileges for work or school, which typically requires an SR-22 insurance filing.

We urge clients to contact us immediately after a DWI arrest, in part because the ALR deadline arrives well before most people think to act. We can request the hearing, begin the administrative defense, and start reviewing the underlying stop simultaneously.

DWI Defense for Students & Underage Drivers in Bryan, TX

Bryan’s significant student population, including those attending Texas A&M University and Blinn College, creates distinct challenges for underage drivers facing DWI charges. Texas zero-tolerance law makes it illegal for any driver under 21 to operate a vehicle with any detectable amount of alcohol in their system. This charge is filed as a DUI, a distinct and lesser offense than DWI that applies only to drivers under 21. A conviction can affect driving privileges, university standing, scholarships, and financial aid. Our attorneys are familiar with how campus police, local law enforcement, and college disciplinary systems interact in underage drinking cases.

At James, Reynolds, Ask & Kleinschmidt, we understand the stakes when a single arrest produces consequences on two parallel tracks. Texas A&M and Blinn College each maintain independent disciplinary processes that can proceed alongside the criminal case. Our DWI attorneys help clients prepare for both, providing practical guidance on rights, university protocols, and the legal options available to them.

Contact us today and let us start working on your case.

Frequently Asked Questions

What Are the Long-Term Consequences of a DWI Conviction in Brazos County?

Beyond the immediate fines and possible jail time, a DWI conviction creates a criminal record that can affect employment opportunities, driving privileges, and insurance rates. You may also be required to install an ignition interlock device, which adds ongoing cost and inconvenience.

What Should I Do Immediately After a First-Offense DWI Charge in Bryan?

Stay calm and don’t make statements to law enforcement. Then contact a DWI attorney as quickly as possible. An experienced attorney can explain your rights, flag the ALR hearing deadline, and begin building your defense right away. We offer free consultations with no upfront cost.

What’s the Difference Between Reasonable Suspicion & Probable Cause in DWI Cases?

Reasonable suspicion is what allows an officer to stop your vehicle: specific observations like erratic driving that suggest a violation. Probable cause is the higher standard required to make an arrest. If the officer gathers enough evidence during the stop to meet that threshold, an arrest can follow. Both standards must be satisfied for a DWI arrest to hold up legally.

Can a DWI Be Removed From My Record in Texas?

A DWI conviction can’t be expunged. However, a first-offense Class B DWI (BAC under 0.15, no accident) may be eligible for an order of nondisclosure two years after completing probation, sealing the record from public view while leaving it accessible to law enforcement and state licensing agencies. If your case is dismissed or you are acquitted, expunction may be available. Eligibility depends on the specific facts of your case. That’s one more reason to contact a DWI attorney before entering any plea.