First Offense DWI Penalties in Williamson County
A first DWI in Williamson County is a Class B misdemeanor carrying up to 180 days in jail, a $2,000 fine, and a driver's license suspension — plus a permanent criminal record. Here is what the law actually says, and what Williamson County prosecutors typically do with first-offense DWI cases.
What Are the Statutory Penalties for a First DWI in Texas?
A first DWI in Texas is a Class B misdemeanor under Tex. Penal Code §49.04. The statutory range of punishment is:
• Jail: 72 hours to 180 days in Williamson County Jail (mandatory 72-hour minimum)
• Fine: Up to $2,000 (not including court costs, which can add several hundred dollars)
• Driver's license suspension: 90 days to 1 year
If your blood alcohol concentration (BAC) was 0.15 or higher at the time of testing, the charge is elevated to a Class A misdemeanor under §49.04(d), carrying:
• Up to 1 year in jail
• Fine up to $4,000
- Tex. Penal Code §49.04(b) — First DWI — Class B misdemeanor, 72 hours to 180 days
- Tex. Penal Code §49.04(d) — BAC ≥0.15 — Class A misdemeanor upgrade
How Does Williamson County Handle First-Offense DWI Cases?
Williamson County is known for more aggressive DWI prosecution than neighboring counties. Whether deferred adjudication is available depends on the facts of the case; some DWI cases are excluded by statute (Tex. Code Crim. Proc. Art. 42A.102(b)).
Hayden Boudreaux, a Texas Defense Team attorney, prosecuted cases in Travis County before becoming a defense attorney. He understands how prosecutors evaluate first-offense DWI cases and where they see weaknesses in the evidence. That inside knowledge is a direct advantage for our clients.
For first-offense cases in Williamson County, the realistic range of outcomes includes:
Dismissal: If the traffic stop was unlawful, or the evidence has technical problems (calibration failures, chain-of-custody issues, improper field sobriety test administration), the case may be dismissed outright.
Probation: Community supervision (probation) in lieu of jail time is available for first-offense DWI under Tex. Code Crim. Proc. Chapter 42A. Standard conditions include DWI education, the MADD victim impact panel, community service hours, and monthly reporting. Williamson County courts typically order this for first offenses that do not result in dismissal.
Conviction with jail: Less common for first offenses without aggravating factors, but possible if the defendant has prior criminal history or the offense involved aggravating circumstances.
Frequently Asked Questions
Is a first DWI in Williamson County a felony?+
No. A first DWI in Texas is a Class B misdemeanor unless your BAC was 0.15 or higher (Class A misdemeanor), or a child under 15 was in the vehicle (state jail felony). A third DWI becomes a third-degree felony.
Will I go to jail for a first DWI in Williamson County?+
The mandatory minimum is 72 hours. However, most first-offense DWI defendants in Texas receive probation rather than serving additional jail time — provided they have no prior criminal history and the case does not involve aggravating factors. Probation allows you to remain in the community while fulfilling conditions set by the court.
Can a first DWI in Williamson County be expunged?+
A DWI conviction in Texas — including a first offense — cannot be expunged. If your case is dismissed or you are acquitted, expunction under Tex. Code Crim. Proc. Chapter 55 is available. This is a critical reason to fight the charge rather than accept a conviction.