First Offense DWI in Texas — What You Are Facing

A first DWI in Texas is charged under Tex. Transp. Code §49.04 as a Class B misdemeanor. This applies when a person operating a motor vehicle in a public place:

• Does not have normal use of mental or physical faculties by reason of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or another substance, OR
• Has a blood alcohol concentration (BAC) of 0.08 or higher at the time of driving or soon after

You do not need to fail a breath or blood test to be charged with DWI. An officer's observations — slurred speech, impaired coordination, the odor of alcohol, erratic driving — can be the sole basis for a DWI charge if they establish impairment.

Important: if your BAC was 0.15 or higher at the time of testing, the charge is automatically upgraded to a Class A misdemeanor under §49.04(d).

The statutory punishment range for a first DWI conviction in Texas (Class B misdemeanor):

• Jail: 72 hours to 180 days (mandatory 72-hour minimum)
• Fine: Up to $2,000
• License suspension: 90 days to 1 year
• DRP annual surcharge: $1,000/year for 3 years

BAC ≥0.15 (Class A misdemeanor):
• Jail: Up to 1 year
• Fine: Up to $4,000
• DRP annual surcharge: $2,000/year for 3 years

Probation instead of jail: For first offenses without aggravating factors, courts regularly impose community supervision (probation) instead of jail. Standard conditions include: DWI education (12-hour course), MADD victim impact panel, community service (24–100 hours), monthly reporting, no alcohol, and an assessment for substance abuse treatment. Probation typically lasts 12–24 months.

The permanent record: A first DWI conviction is a permanent criminal record in Texas. It cannot be expunged. This is the consequence that outlasts everything else.

Regardless of whether you plan to fight your DWI charge, the ALR hearing deadline is urgent and independent of your criminal case:

Under Tex. Transp. Code §524.031, you have exactly 15 days from your arrest to request an ALR hearing with Texas DPS. Missing this deadline results in automatic license suspension — 90 days for a test result at or above 0.08, 180 days for a refusal.

Requesting the ALR hearing:
• Stays the suspension while the hearing is pending
• Preserves your driving ability during the legal process
• Creates an early opportunity for your attorney to question the arresting officer under oath

Call an attorney within 24 hours of your arrest. The 15-day window is the most time-sensitive issue in any first-offense DWI.

Yes — in many cases. The evidence must be reviewed by an attorney who knows where to look:

Suppression of evidence: If the traffic stop lacked reasonable suspicion, or the DWI investigation lacked probable cause to arrest, the Texas exclusionary rule (Tex. Code Crim. Proc. Art. 38.23) may suppress the evidence gathered. Without breath test results, field sobriety observations, or other key evidence, the case may be dismissed.

Breath test challenges: The Intoxilyzer 9000 requires calibration, maintenance, and a certified operator. Records of equipment failures or operator errors are discoverable.

Blood draw challenges: If a blood draw was ordered by warrant, the warrant must be supported by probable cause, the draw must be performed by a qualified person, and the chain of custody must be maintained. Any gap can undermine the result.

Field sobriety test errors: NHTSA protocols for the HGN, Walk-and-Turn, and One-Leg-Stand tests must be followed precisely. Deviations — environmental or procedural — can undermine the test results.