First Offense DWI Protecting & Defending the Rights of the Accused

First Offense DWI in Bryan

Prosecuted DWI Cases in Brazos County. Now We Defend Them.

A first offense DWI charge in Bryan touches every part of your life: your job, your license, your record. Under Texas Penal Code Section 49.04, a first DWI is a Class B misdemeanor, but the consequences are anything but minor. Jail time, fines, and a license suspension can all follow a conviction. More important, the clock starts running from the moment of arrest. You have just 15 days to request an administrative license revocation (ALR) hearing, or you automatically forfeit your right to contest the suspension.

Pleading guilty without legal review forfeits options that may still be available to you, including possible dismissal, charge reduction, or record-protection outcomes. A first-time charge deserves a thorough defense review before any decision is made.

Contact The Law Office of Jay Granberry today for a free initial consultation. Call (979) 378-5480 or reach us through the online contact form. The sooner we review your case, the more options may remain open.

Why Bryan Clients Choose Jay Granberry for First-Offense DWI Defense

Jay Granberry spent 10 years as a state prosecutor, including time at the Brazos County District Attorney’s Office, where he prosecuted DWI cases firsthand. He now applies that courtroom-tested knowledge to defend clients facing the same charges, which means he understands how prosecutors evaluate a first-offense DWI case, what evidence they rely on, and where their cases can be challenged.

Jay is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential held by fewer than seven percent of Texas attorneys. Board Certification requires at least five years in practice, a written examination, peer references, and ongoing continuing legal education. He has tried more than 130 jury trials to verdict as lead attorney and brings more than 25 years of criminal law experience to every case.

His ties to this community run deep. Jay is a past president of the Brazos County Bar Association and has taught legal classes at Blinn College. He understands the particular concerns of college students and their families when a first DWI charge threatens academic standing and professional futures. The Law Office of Jay Granberry handles first offense DWI defense in Bryan and throughout Brazos County.

First-Offense DWI Penalties in Texas

Understanding what a conviction actually carries helps you make an informed decision about your defense. A first-offense DWI conviction in Texas typically results in the following:

Jail time: 72 hours up to 180 days
Fine: Up to $2,000
License suspension: 90 days up to one year
DWI education program: Required as a condition of any sentence
Ignition interlock device: May be required depending on the circumstances
Insurance impact: Significantly increased auto insurance premiums
Criminal record: A permanent conviction that can affect employment background checks and professional licensing

Certain circumstances increase these penalties significantly. If a blood alcohol concentration (BAC) of 0.15 or higher was recorded at the time of arrest, the charge escalates to a Class A misdemeanor, raising the maximum jail term to one year and fines up to $4,000. If a child passenger under age 15 was in the vehicle, the offense becomes a state jail felony carrying fines up to $10,000 and up to two years in a state jail facility.

Texas’s implied consent law, found in Transportation Code Chapter 724, means that anyone lawfully arrested for DWI is legally deemed to have consented to a breath or blood test. Refusing the test triggers a separate administrative license suspension of 180 days for a first refusal, independent of any criminal penalty.

How We Defend First-Offense DWI Cases in Bryan

No two DWI cases are identical. The defense strategy that applies to your case depends on the specific facts: what prompted the stop, how the field sobriety tests were conducted, and how any chemical testing was handled. Having prosecuted these cases for the state, Jay Granberry knows where law enforcement and the prosecution can make mistakes.

Traffic Stop & Arrest Validity

Texas law requires an officer to have reasonable suspicion to initiate a traffic stop and probable cause to make a DWI arrest. A stop lacking articulable factual support may result in suppression of all evidence gathered afterward, which can fundamentally change the course of a case.

Field Sobriety Test Administration

The three standardized field sobriety tests, the horizontal gaze nystagmus, walk-and-turn, and one-leg stand, must be administered according to National Highway Traffic Safety Administration (NHTSA) protocols. Deviations in how an officer conducts these tests can undermine the reliability of the results.

Breath & Blood Test Reliability

Breathalyzer equipment must be properly calibrated and maintained. Blood samples must be collected, stored, and documented through a complete chain of custody. Lapses at any stage create grounds to challenge the test’s accuracy. Medical conditions or certain medications can also affect BAC readings in ways that aren’t always reflected in the arresting officer’s report.

Depending on what the facts support, defense strategies may include negotiation for reduced charges, alternative sentencing, or a motion to suppress evidence. We review every case individually to identify which options genuinely apply.

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"They do it right and have my total trust."
Referred to me by another attorney's office. Hired him to represent Grandson attending A&M re marijuana charge. The day I was notified of this matter while on vacation, we hired Mr. Granberry by phone from a parking lot in California. Did so based on his friendly, totally professional assessment of the case and straight forward demeanor in that phone call. I came away from that call convinced he would treat my grandson as more than just a "case".
He interviewed grandson put him at ease and moved forward with the case efficiently and effectively. The proceedings went exactly as he described for the agreed fee with no hidden surprises. He and his office were thoroughly responsive throughout the process and while being totally professional were very supportive of my miscreant grandson. Provided much more than just legal service, although that was first rate. They do it right and have my total trust. Highly recommend this firm and Mr. Granberry.

- John
"He constantly exceeded my expectations when it came to my case."
Jay was an extremely poignant lawyer that provided me with all of the help I needed and more. He constantly exceeded my expectations when it came to my case, and was always punctual as well. I would absolutely hire him again.

- Former Client
"He addressed any and all questions and concerns I may have had in a timely and highly educated manner no matter what time of day it was."
Jay Granberry is by far one the best lawyers in B/CS he worked tirelessly and with great amounts of effort for me. He addressed any and all questions and concerns I may have had in a timely and highly educated manner no matter what time of day it was. If it weren't for him I wouldn't be so fortunate as to be able to commend him as I am now. He is compassionate, fair, understanding, and I have the utmost respect for him. I am forever grateful.

- Former Client
"I'm more than happy with my results and wouldn't hesitate to refer him!"
I consulted three attorneys in Brazos County and hired Jay because he was professional, approachable, and had creative ideas to help my case. Jay was always candid with me and has been accessible the entire way. I'm more than happy with my results and wouldn't hesitate to refer him!

- Former Client
"Extremely grateful for his ability to clear me of those charges."
It’s been a few years since I reached out to Jay Granberry through the recommendation from my Grandmother. I had 2 tickets against me for a DUI in the parking lot at Texas A&M along with a possession charge from marijuana.
Not only was Mr. Granberry extremely professional with guiding me out of trouble he was able to drop both charges from my record and I did little to nothing other than taking some pee tests and showing up to court 2 days without even having to speak to anyone other than him.
As I said it’s been a few years since he helped me with my case but there has been many opportunities since that I didn’t miss out on that make me extremely grateful for his ability to clear me of those charges.
Would definitively recommend Mr. Granberry for anyone in similar trouble with the law and thank you sir for helping me keep a clean record.

- Jacob
"Although it seemed like getting past everything I went through would be impossible, he made it easy."
Mr. Grandberry was there to help me in the blink of an eye. He helped me so much, and he was there to help whenever I needed to talk to him. Although it seemed like getting past everything I went through would be impossible, he made it easy, and I’ll always be grateful for that.

- Cathryn

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What Distinguishes Jay Granberry From the Rest?

Over 25 Years of Experience
Well Over 130 Jury Trials Tried to Verdict as Lead Attorney
Certified in Criminal Law by Texas Board of Legal Specialization
10 Years as a State Prosecutor
Past President of Brazos County Bar Association
2017 Avvo Super Rated Criminal Defense Attorney

Talk to a Bryan DWI Defense Attorney Before Your 15-Day Deadline Passes

A first offense DWI in Bryan doesn’t have to define your future, but the decisions you make in the first days after an arrest shape how your case unfolds. The Law Office of Jay Granberry offers a free initial consultation so you can understand your options before committing to any course of action.

Jay Granberry’s background on both sides of the Brazos County courtroom, his Board Certification in Criminal Law, and his record across more than 130 jury trials give first-time DWI clients a foundation that general criminal defense can’t match.

Call The Law Office of Jay Granberry now at (979) 378-5480 or submit the online contact form to schedule your free consultation.

Record-Protection Options After a First-Offense DWI in Texas

A first DWI charge doesn’t automatically produce a permanent conviction. Texas law provides two distinct processes that may limit the long-term impact on your record, depending on the circumstances of your case.

Deferred Adjudication

Deferred adjudication is a court-supervised arrangement in which the judge delays a finding of guilt and places the defendant on probation. If probation is completed successfully under the court’s conditions, the charge may be dismissed rather than recorded as a conviction. Eligibility generally requires no prior DWI record and no aggravating factors. A BAC of 0.15 or higher, a child passenger in the vehicle, or an accident involving injury typically disqualifies a defendant.

Non-Disclosure Orders

A non-disclosure order is a separate legal process that can seal the record of the arrest and probation from public view after deferred adjudication is successfully completed. Certain government agencies retain access to sealed records, but for most employment, housing, and education background checks, a sealed record isn’t visible. Non-disclosure eligibility requires completing deferred adjudication, meeting statutory waiting periods, and having no disqualifying prior record.

Neither process erases the incident entirely, and not every first-offense case qualifies. We review the specific facts of each case to determine which options may realistically apply.

The ALR Hearing: Why the 15-Day Deadline Matters

After a DWI arrest in Texas, you have exactly 15 days to request an administrative license revocation (ALR) hearing with the Texas Department of Public Safety. Miss that window and the license suspension becomes automatic with no administrative recourse.

The ALR hearing is an administrative proceeding entirely separate from the criminal case. It determines whether your license will be suspended and for how long. A driver who refused a breath or blood test faces a 180-day administrative suspension for a first refusal. A driver who provided a sample above the legal limit faces a 90-day suspension for a first offense.

Requesting the hearing doesn’t prevent suspension automatically, but it delays suspension while the hearing is pending. More importantly, it gives the defense an opportunity to cross-examine the arresting officer under oath before the criminal trial begins. Testimony and evidence developed at the ALR hearing can shape how the criminal defense is built. Jay Granberry’s prosecution background gives him direct familiarity with how these hearings unfold and what the state typically relies on to sustain the suspension.

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