Charged with a first DWI in Texas? The penalties are real, but you have options. Here is what you can expect and how to fight back.

Key takeaways

• A first DWI _in Texas is a criminal offense with possible jail time, fines, and license consequences.
• Separate from the criminal case, the DPS Administrative License Revocation process can suspend your license very quickly if you do not act.
• You can challenge the stop, the tests, and the procedures, and you may negotiate outcomes that reduce harm. Early action matters.

What the law says

Under Texas law, a person commits a DWI if they operate a motor vehicle in a public place while intoxicated. A first offense is generally a Class B misdemeanor with a minimum of 72 hours in jail. If there is an open container in the vehicle, the minimum confinement becomes six days. If a test later shows a blood alcohol concentration of 0.15 or higher, the charge can be enhanced to a Class A misdemeanor.

Penalties and costs for a first DWI in Texas

Here is a quick reference table that combines the criminal penalties with common administrative consequences. Your facts may increase or decrease exposure.

Aggravating facts that change the picture

• BAC of 0.15 or higher can enhance a first DWI from Class B to Class A.
• An open container can increase the minimum jail time on a first DWI.
• Cases involving a crash with injury or a child passenger are treated more severely, and different charges or penalties can apply.

The ALR process

You face an administrative process with DPS that can suspend your driver license even before the criminal case ends. After arrest, an officer can serve a suspension notice based on refusal or a failed test. You generally have 15 days from service of that notice to request a hearing. If you do not request it in time, the suspension typically begins on the 40th day after notice. If your blood test is processed later and shows a failure, DPS mails a notice and you generally have 20 days from the date DPS mails it to request a hearing. Suspension periods for most adults are 90 days for a test failure and 180 days for a refusal.

Practical steps

• Mark the 15 day deadline and request the hearing immediately.
• Ask your lawyer about an occupational license that may allow limited driving during a suspension.
• Keep all paperwork and any temporary driving permit you receive.

How to fight a first DWI

Every case is different, but strong defenses usually start with the details.

Challenge the stop and investigation

• Was there lawful reasonable suspicion for the stop or contact?
• Were field sobriety tests administered and scored correctly?
• Did video match the report?

Challenge the breath or blood test

• Was the machine or lab properly maintained, calibrated, and operated?
• Is the chain of custody clean?
• Were medical or mouth alcohol issues considered?

Challenge procedure and proof

• Did officers give required warnings and follow required steps?
• Are there inconsistencies between reports, body cam, and witness accounts?
• Is the prosecution evidence sufficient beyond a reasonable doubt?

Early actions that help

• Preserve any dash or body cam, bar or restaurant receipts, rideshare records, and witness names.
• Do not post about your case on social media.
• Talk to counsel before making statements or decisions about plea options.

Costs beyond the courtroom

Plan for the full impact, not only the fine. State fines assessed at sentencing can apply on top of any criminal fine. Insurance often increases for several years, and many people must carry an SR-22 filing. Court costs, probation fees, classes, interlock or alcohol monitoring where ordered, and license reinstatement fees all add up. The goal of a smart strategy is to reduce both the legal penalties and the long term personal and financial damage.

Recommended process timeline

Use this simple timeline to understand the major milestones. Your lawyer can adjust this plan to your court and facts.

We can help

Contact Carroll Troberman, PLLC for a free DWI consultation.
Call (512) 478-3800 or request a consultation on our Contact page. Acting quickly can protect both your license and your defense.

Frequently asked questions

What are the penalties for a first DWI in Texas?
A first DWI conviction can carry up to a $2,000 criminal fine, three to 180 days in jail, and a driver license loss up to one year in some cases. State fines of $3,000 can also apply at sentencing and $6,000 if BAC is 0.15 or higher. Administrative license penalties are separate from the criminal case.

How long do I have to request a license hearing?
If you receive a suspension notice at or after arrest, you typically have 15 days to request an ALR hearing. If DPS mails a notice later based on lab results, you generally have 20 days from the mailing date to request the hearing.

Can I get an occupational license?
Many first offenders qualify for an occupational license that allows limited driving during a suspension. Eligibility and conditions vary, so ask your lawyer about the steps and timing.

Can a first DWI be dismissed?
Some first DWIs are dismissed or reduced based on legal issues, evidentiary weaknesses, or successful negotiations. Each case is fact specific and outcomes are never guaranteed.

Educational information only. Not legal advice. Outcomes depend on facts and law.

Sources:

• Texas Penal Code § 49.04: Driving While Intoxicated (Justia)
• Texas Department of Public Safety: Administrative License Revocation (ALR) Program
• Texas Department of Transportation: Impaired Driving

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