What Happens On Your First DWI In Texas?
Getting arrested for a first DWI in Texas can be a life-altering experience. If this is your first time facing criminal charges, the confusion and fear are completely understandable. You may be wondering what penalties you’re facing, whether you’ll go to jail, how this will affect your driver’s license, and what steps you should take next. Texas law treats Driving While Intoxicated (DWI) as a serious offense—even for first-time offenders—and the consequences can impact your freedom, finances, and future.
In Texas, a person is considered legally intoxicated when their blood alcohol concentration (BAC) reaches 0.08%, or if drugs or alcohol impair their physical or mental faculties. A first-time DWI is typically classified as a Class B misdemeanor. However, certain aggravating circumstances, such as having a BAC of 0.15% or higher, carrying a child passenger, or causing injury or property damage, can elevate the charge and increase the penalties significantly.
Many individuals arrested for their first DWI in Texas are surprised to learn that jail time, steep fines, mandatory education programs, and license suspension are all potential consequences—even without any prior criminal history. Fortunately, Texas courts do offer alternatives like probation or deferred adjudication in some cases. However, the availability of these options depends on multiple factors, including your BAC level, whether you cooperated with police, and the strength of your legal defense.
We will walk you through what typically happens after a first DWI arrest in Texas, including legal penalties, license suspension procedures, the importance of hiring an attorney, and strategies to mitigate the consequences. If you’re facing your first DWI in Texas, understanding the process and your rights can help you make informed decisions that protect your future.
Legal Classification and Penalties for a First DWI in Texas
A first-time DWI offense in Texas is generally charged as a Class B misdemeanor, which carries a possible sentence of 72 hours to 180 days in jail and a fine of up to $2,000. If your BAC was 0.15% or higher, the charge escalates to a Class A misdemeanor, which increases the maximum jail time to one year and the fine to $4,000.
In addition to jail time and fines, first-time DWI offenders face other statutory penalties. These can include a driver’s license suspension of up to one year, a surcharge of up to $2,000 per year for three years to retain driving privileges, and mandatory completion of a 12-hour DWI education program. Courts may also order community service ranging from 24 to 100 hours.
Texas law also imposes a mandatory minimum jail term of six days if there was an open container of alcohol in your vehicle at the time of arrest. If you refused to submit to a breath or blood test, your license may be automatically suspended under Texas’ implied consent law—even before your criminal case is resolved.
These penalties represent only the statutory minimums. Judges have discretion, and outcomes may vary depending on the circumstances of the arrest. For instance, having a minor in the vehicle, causing an accident, or resisting arrest can all lead to additional charges or enhancements that increase the severity of the case.
License Suspension and the Administrative License Revocation (ALR) Process
One of the most immediate consequences of a first DWI arrest in Texas is the potential suspension of your driver’s license. This is handled through a separate administrative process known as the Administrative License Revocation (ALR) hearing, which is distinct from the criminal DWI case.
If you fail a breath or blood test (with a BAC of 0.08% or more), the Texas Department of Public Safety (DPS) will initiate an automatic license suspension for 90 days. If you refuse testing altogether, the suspension can last 180 days. You have only 15 days from the date of your arrest to request an ALR hearing to contest the suspension. If you don’t request the hearing within that window, the suspension automatically goes into effect on the 40th day after the arrest.
During the ALR hearing, your attorney can challenge the legality of the traffic stop, the arrest, and the validity of any testing procedures used. If the hearing officer rules in your favor, you may retain your driving privileges pending the outcome of your criminal case.
Even if your license is suspended, you may be eligible for an Occupational Driver’s License (ODL), which allows you to drive to and from work, school, and essential errands. Obtaining an ODL requires court approval and may involve the installation of an ignition interlock device on your vehicle, especially if your BAC was 0.15% or higher.
First-Time DWI and Probation in Texas
For many first-time offenders, probation is a more favorable alternative to jail time. Probation—also known as community supervision—allows a defendant to avoid incarceration if they comply with specific court-ordered conditions. In Texas, judges frequently offer probation for first-time DWI offenses, particularly when the offender has a clean record and the incident didn’t involve aggravating factors.
Typical probation terms include a suspended jail sentence, payment of fines, completion of a DWI education course, participation in a Victim Impact Panel, community service, and regular reporting to a probation officer. You may also be required to install an ignition interlock device on your vehicle, particularly if your BAC was elevated.
Probation periods for first-time DWI offenses usually last 12 to 24 months, depending on the facts of the case and the judge’s discretion. Violating probation conditions can result in revocation and imposition of the original jail sentence.
It’s important to note that deferred adjudication is generally not available for DWI offenses in Texas, although some counties have specialized diversion programs for eligible first-time offenders. These programs require early application, prosecutor approval, and strict compliance with treatment and monitoring requirements. A knowledgeable DWI defense attorney can evaluate your eligibility and help navigate these alternatives.
The Long-Term Consequences of a First DWI Conviction in Texas
Even if you avoid jail, a DWI conviction in Texas has long-lasting consequences. A first-time DWI conviction remains on your criminal record permanently and cannot be expunged or sealed, unlike some other misdemeanors. This can affect your employment prospects, especially in fields requiring a clean driving record or professional licensing.
Car insurance rates typically increase dramatically after a DWI conviction, and you may be required to file an SR-22 insurance form with the state. This form verifies that you carry the minimum liability coverage required by law and often comes with higher premiums. Insurance companies may also drop coverage or refuse to renew your policy altogether.
If your job requires driving, you may face termination or disqualification from future opportunities. Commercial drivers face stricter rules and harsher penalties, and even a first-time DWI can disqualify a CDL holder from operating commercial vehicles.
DWI convictions can also affect international travel, firearm ownership, and family court matters. For example, a DWI can be cited in child custody disputes or restrict your ability to enter certain countries, including Canada. Understanding these collateral consequences is essential when evaluating how to proceed with your case.
The Importance of Hiring a DWI Attorney for First-Time Offenders
If you’ve been charged with your first DWI in Texas, hiring an experienced DWI attorney is critical. A lawyer can review the evidence, identify legal defenses, and help you avoid the harshest penalties. Without legal representation, you may unknowingly waive important rights or miss opportunities to challenge the case.
One of the first things a DWI lawyer will do is request and analyze the arresting officer’s video footage, lab results, and police reports. Any procedural errors—such as lack of probable cause, improper field sobriety tests, or issues with breath or blood testing equipment—can be used to suppress evidence or negotiate a reduced charge.
In some cases, your attorney may be able to negotiate a plea to a lesser offense, such as Obstruction of a Passageway or Reckless Driving, which carries fewer long-term consequences than a DWI. These outcomes are most commonly achieved when the BAC is borderline or when the case has evidentiary weaknesses.
Hiring a local DWI attorney also ensures you’re represented by someone familiar with the local court’s procedures, prosecutors, and judges. In many Texas counties—including Harris, Travis, and Bexar—a lawyer’s reputation and experience can influence the outcome of your case. Don’t leave your future to chance—get professional legal help as early as possible.
Contact a Texas DWI Defense Attorney for First-Time Arrests
Being arrested for your first DWI in Texas doesn’t mean you have to face the worst possible outcome. With experienced legal representation, you may be able to avoid jail, reduce fines, retain your driving privileges, and protect your future from the long-term consequences of a conviction.
Time is critical. You have only 15 days to request a hearing to contest your license suspension and begin building your defense. Early legal intervention can preserve evidence, identify weaknesses in the prosecution’s case, and increase your chances of a favorable result.
A Texas DWI attorney can explain your options, evaluate your eligibility for probation or alternative programs, and fight for the best possible resolution to your case. Whether it’s negotiating a plea, arguing for dismissal, or taking the case to trial, your attorney will ensure your rights are protected every step of the way.
If you’re facing your first DWI charge in Texas, don’t try to handle it alone. Contact a trusted DWI defense attorney today to schedule a confidential consultation and take the first step toward a better outcome.
FAQ: First-Time DWI Charges and Penalties in Texas
Do You Go to Jail for a First DWI in Texas?
Jail is possible for a first DWI in Texas, but not always mandatory. For a Class B misdemeanor, the minimum jail term is 72 hours. However, many first-time offenders receive probation, especially if they have no criminal history and the case doesn’t involve aggravating factors like high BAC or a child passenger.
Probation allows you to serve your sentence under supervision rather than incarceration and typically includes conditions such as DWI education classes, community service, and abstaining from alcohol. An experienced attorney can negotiate for probation and advocate for reduced penalties.
Even if jail time is imposed, many jurisdictions allow for weekend sentencing or work-release programs. The key is securing legal representation early and presenting a strong defense tailored to your circumstances.
What Happens to Your License After a First DWI in Texas?
Your driver’s license may be suspended in two ways: through an administrative suspension by the Texas Department of Public Safety (DPS) and through a criminal court suspension if you’re convicted. Administrative suspensions occur automatically if you fail or refuse a breath or blood test, unless you request a hearing within 15 days of arrest.
If convicted, the court may order an additional suspension, even if you retained your license through the ALR process. The length of suspension varies but can range from 90 days to one year. In many cases, you may qualify for an Occupational Driver’s License to maintain limited driving privileges.
Installing an ignition interlock device may also be required, particularly if your BAC was 0.15% or higher. An attorney can help minimize the impact of license suspension and assist with the process of obtaining an ODL.
Can a First DWI Be Dismissed or Reduced in Texas?
Yes, a first DWI can sometimes be dismissed or reduced, depending on the facts of the case. Dismissals may occur when there are procedural errors, lack of probable cause, faulty BAC testing, or other legal issues. Reduction to a lesser charge, such as Obstruction of a Passageway, is also possible if the prosecution agrees.
Dismissal removes the charge from your record, while reduction limits the consequences associated with a DWI conviction. These outcomes typically require a strong legal defense and may depend on the jurisdiction and the prosecutor’s discretion.
Your attorney will assess the evidence, file appropriate motions, and negotiate with the prosecution. In some counties, diversion programs may be available for first-time offenders, offering treatment in lieu of prosecution and a clean record upon successful completion.
