First Offense DWI in Texas: What You're Actually Facing
A first DWI in Texas is a Class B misdemeanor — but the real cost is far greater than the $2,000 fine. Insurance increases and a criminal record can carry costs over time. Here is exactly what the law says and what a skilled defense can do about it.
Is Jail Mandatory for a First DWI in Texas?
Yes — but in limited form. Under Tex. Penal Code §49.04(b), a first offense DWI carries a mandatory minimum of 72 hours (3 days) in county jail. This is the floor, not the typical outcome. Most first-offense DWI cases do not result in additional jail time beyond what was served at the time of arrest.
If your blood alcohol concentration (BAC) was 0.15 or higher at the time of arrest, your charge is elevated to a Class A misdemeanor under Tex. Penal Code §49.04(d). The mandatory minimum remains 72 hours, but the maximum penalty increases to one year in jail and a $4,000 fine.
Alternatives to jail — such as community supervision (probation), home confinement, or an ignition interlock device — are frequently available on first-offense DWI cases in Texas. An experienced DWI attorney negotiates for these alternatives from the first appearance.
- Tex. Penal Code §49.04(b) — First DWI — Class B misdemeanor, 72-hour mandatory minimum, up to 180 days
- Tex. Penal Code §49.04(d) — BAC ≥0.15 — Class A misdemeanor, up to 1 year and $4,000 fine
How Long is Probation for a First DWI in Texas?
Community supervision (what most people call probation) for a first-offense DWI in Texas runs up to 2 years. The maximum period of community supervision in a misdemeanor case is two years (Tex. Code Crim. Proc. Art. 42A.053(f)); a judge may extend it as provided by Art. 42A.753 or 42A.757.
During community supervision, you are typically required to:
• Report to a probation officer monthly
• Perform community service if the judge orders it (up to 100 hours for a Class B misdemeanor, Art. 42A.304(b)(6))
• Attend a DWI education program (DPS-approved)
• Attend a victim impact panel
• If the court requires it, install an ignition interlock device on the vehicle you drive
• Pay monthly supervision fees (set by the judge between $25 and $60 per month, Art. 42A.652)
• Submit to random alcohol and drug testing
• Pay all fines and court costs
Violating any probation condition can result in revocation and imposition of the original jail sentence. A defense attorney who negotiates your probation terms carefully can make those two years significantly more manageable.
- Tex. Code Crim. Proc. Art. 42A.053(f) — Community supervision — misdemeanor DWI, maximum 2 years
- Tex. Transp. Code §521.246 — Ignition interlock device requirement (occupational driver license)
What Are the Full Penalties for a First Offense DWI in Texas?
The statutory penalties for a first DWI conviction under Tex. Penal Code §49.04 include:
• Criminal fine: Up to $2,000 (Class B) or $4,000 (Class A if BAC ≥0.15)
• Jail: 3 to 180 days (up to 1 year if Class A)
• Driver's license suspension: 90 days to 1 year (Tex. Transp. Code §524.022)
• Court costs: vary by county and are added to any fine
The financial impact can be larger once you add insurance premium increases, ignition interlock installation and monitoring fees, SR-22 insurance, and time off work for court appearances and probation meetings.
A DWI that is dismissed or results in acquittal has none of these consequences. A plea to a lesser charge (such as obstruction of a passageway) avoids the DWI conviction entirely. These outcomes are not guaranteed. Results vary.
Facing a second DWI? See our second-offense DWI guide. Arrested in Georgetown or San Marcos? See the local guides. All of our DWI guides are listed on the Texas DWI hub.
- Tex. Penal Code §49.04 — First DWI offense — offense classification and penalty range
- Tex. Transp. Code §524.022 — License suspension period after DWI arrest — 90 days to 1 year
Can a First DWI Be Dismissed or Reduced in Texas?
Yes. Many first-offense DWI cases in Texas are dismissed or reduced — especially when the defense challenges the stop, the field sobriety tests, or the breathalyzer or blood test results.
Common defense strategies for first-offense DWI cases include:
• Challenging the lawfulness of the traffic stop (Fourth Amendment)
• Attacking field sobriety test validity (lighting, surface, medical conditions)
• Challenging breathalyzer calibration records and operator certification
• Contesting blood draw chain of custody and laboratory procedures
• Arguing rising BAC (BAC was below 0.08 at time of driving, but rose by time of test)
• Reviewing dashboard and body camera footage for inconsistencies with the officer's report
Not every case has a winner — but every case deserves a thorough defense review before any plea is entered. Texas Defense Team evaluates the full evidence package before advising a client on how to proceed.
What Is the 15-Day ALR Deadline After a DWI Arrest?
Within 15 days of a DWI arrest in Texas, you or your attorney must request an Administrative License Revocation (ALR) hearing with the Texas DPS under Tex. Transp. Code §524.031. This is separate from your criminal DWI case.
Missing the 15-day deadline results in automatic license suspension:
• 90 days for first offense if you submitted to a test
• 180 days for first offense if you refused the breath or blood test (Tex. Transp. Code §724.035)
The ALR hearing is also an invaluable tool for your criminal defense. Your attorney can cross-examine the arresting officer under oath, subpoena the breath test records, and preserve testimony that will be used later in your criminal case. This discovery opportunity is completely lost if you miss the 15-day deadline.
- Tex. Transp. Code §524.031 — 15-day deadline to request ALR hearing after DWI arrest
- Tex. Transp. Code §724.035 — Refusal suspension — 180 days first offense
How Much Does a First-Offense DWI Defense Cost?
Texas Defense Team charges $5,000 for a first-offense DWI — 10 monthly payments of $500, with the first payment due at hiring and auto-pay required.
ALR hearing + trial fee INCLUDED. There is no separate charge for the ALR hearing or for taking your case to trial. The fee covers the full representation from arrest through resolution.
If you face a second DWI or a felony DWI, see the complete fee schedule for those tiers.
Discounts available for cases involving multiple charges.
Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls.
Frequently Asked Questions
Is a first DWI in Texas a felony?+
No. A first offense DWI in Texas is a Class B misdemeanor under Tex. Penal Code §49.04 — unless you had a child passenger under 15 in the vehicle, in which case it becomes a state jail felony regardless of prior record.
Can I get deferred adjudication for a first DWI in Texas?+
Sometimes. A judge may grant deferred adjudication unless an exclusion in Tex. Code Crim. Proc. Art. 42A.102(b) applies — for example, an alcohol concentration of 0.15 or more, a commercial driver license held at the time of the offense, or an offense whose punishment may be increased under Penal Code §49.09. If deferred adjudication is not granted, a plea of guilty or no contest results in a conviction. Results vary.
Will a first DWI affect my job?+
Potentially yes. A DWI conviction is a permanent criminal record visible on background checks. Professional licenses (nursing, law, teaching, commercial driving) may be affected. Commercial driver's license holders face especially severe consequences — a CDL can be disqualified for one year on a first DWI conviction.
How much does a first offense DWI cost in Texas total?+
A first DWI conviction can bring fines, court costs, ignition interlock, insurance increases, probation fees, and mandatory education classes. No single total applies to every case. Results vary.
How long does a first DWI case take in Texas?+
How long a case takes varies with the court docket, how quickly discovery and lab results arrive, and whether the case goes to trial. Results vary.
En español: DWI de primera ofensa en Texas