I was arrested for my 1st dwi,my breath test showed .18 i have no criminal history. do i have to serve jail time and have the inhalation machine

i was arrested for my 1st dwi. i agreed to take the breat test and it was .18 i have no criminal history, and only 1 traffic ticket in 18 yrs of driving. will i have to serve jail time, and have to have the breath inhalation machine installed in my car? is it possible just to get a strict probation instead?

Asked on July 3, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

DWI, 1st Offense: Class B Misdemeanor.

 - Fine: A fine not to exceed $2,000.00.

 - Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months.

- Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

 - Community Service: Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (probation). The general length of DWI probation is two years.  There are also conditions of community supervision ordered that are fairly standard in most courts.  Typical conditions imposed are: Drug/Alcohol Evaluation, Alcohol Education, and attendance at a MADD Victim Impact Panel.


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