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What Is Texas' Second Chance Law? The Texas DWI Second Chance Law, officially known as House Bill 3016, went into effect on September 1, 2017. It allows certain first-time offenders convicted of a DWI offense to petition the court for non-disclosure of their criminal records under specific conditions.

Charges and Penalties for 1st Offense DWI in Texas First offense DWIs are deemed to be Class “B” misdemeanors by the state of Texas. This means that if you are convicted, you will most likely be looking at a fine of up to $2,000, as well as up to 180 days in county jail.

Because of a new law that took effect in September 2019, first-time DWI offenders now have the option to have their charges deferred. Deferred adjudication – a plea deal where a defendant pleads “guilty” or “no contest” and is put on probation – was available to people in Texas for DWI offenses until 1984.

Are You Required to Submit to a Breathalyzer or Blood Test in Texas? Yes. When you obtain a license in the state of Texas, you consent to give a breath or blood sample upon arrest for driving while intoxicated (DWI). This is known as the implied consent law.

Field sobriety tests are not mandatory in Texas. There are no penalties for refusing to submit to a roadside sobriety test. The officers may make it seem like it is in your best interest to do the tests but make sure what you are giving up by agreeing to perform these tests.

Texas takes DWI convictions very seriously, and as such, they will remain on your record – and appear in background checks – forever. However, first-time DWI arrests almost never result in jail time. Most are resolved with dismissals, plea bargaining, and reduced charges.

In Texas, a DWI conviction duration on your record depends on the offense severity and prior convictions. A first-time DWI remains on record for a minimum of three years. More convictions mean tougher penalties and a longer time on your record — possibly affecting your life for a decade or more.

In all US jurisdictions, participation in a Field Sobriety Test is voluntary. (Police are not obliged to advise the suspect that participation in a FST or other pre-arrest procedures is voluntary. In contrast, formal evidentiary tests given under implied consent requirements are considered mandatory.)

Although there is no mandatory requirement to take field sobriety tests in Texas, it can feel mandatory. Police officers who pull you over may tell you that taking the test is in your best interest. They may say that you will be subject to immediate arrest if you do not take the test.