Skip to main content

Is a first offence of DWI a misameaner in Texas? can you file for deferred ajudication?

Winnsboro, TX |

I was arrested for first time ever and never been any any trouble ever!!!!!! for DWI on the day I found out I have Multiple sclorosis I am devistated and my family is horrified we dont know anything about trouble with the law I am lost and severly depressed The peoples at the jail are really mean and I cant seem to get any answers from any officials I cant afford a lawyer. I didnt know I could refuse blowing into that thing I would never refuse to do something a Police man asked me to do

+ Read More

Attorney answers 4


A DWI first in Texas is a misdemeanor unless there's a child in the car. Deferred probation is not allowed in DWIs in Texas. You need to hire an attorney experienced with handling DWIs if at all possible. Otherwise, you are likely going to end up with a permanent conviction and expensive ancillary consequences. Most defense attorneys offer free consultations. I would take advantage of this and set up a couple.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


Your situation is an unfortunate situation that I see all too often. My heart goes out to you and your family in this most difficult of times. The good news is that you will get through this and may be better for the situation when its all done, but you must be cautious and realize that this is a life changing experience. If you can't afford a lawyer, then you will be unable to drive legally for 3 months, but you will be able to get an court appointed attorney for the criminal case. May God be with you in every step of this process.


Yes it's a misdemeanor. No you can't get deferred adjudication. If you can't afford a lawyer, request a court appointed attorney but be prepared to provide proof that you can't afford a lawyer.
Austin DWI Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,


Please do whatever is necessary to acquire the financial resources to hire the defense lawyer of your choice. Also, please note there are important deadlines involved in your case. I suspect the police initiated an administrative driver's license suspension (ALR) in this matter. There are unforgiving deadlines involved. Only a qualified criminal attorney can help you understand all the important implications.