In Texas, a person can be charged with DWI for operating a motor vehicle in a public place while intoxicated. A case is generally treated as a first DWI if you have no prior qualifying intoxication offense convictions or prior qualifying deferred adjudication.

A person is legally intoxicated if they either (1) lack the normal use of mental or physical faculties, or (2) have a blood alcohol concentration (BAC) of 0.08% or higher. A first DWI is usually a Class B misdemeanor and can lead to fines, jail time, and license suspension.

A first-offense DWI is not a traffic ticket you should brush off. Our Austin DWI lawyers can review the stop, the testing, the license suspension deadline, and whether there may be ways to resolve the case more favorably.

What Counts as a First DWI in Austin?

You can be charged with DWI if you operate a motor vehicle in a public place while intoxicated. If the officer and prosecutor believe the evidence shows you lost the normal use of your mind or body, the law does not require a crash, bad driving, or a high alcohol concentration.

The case may count as a first DWI if you have no prior intoxication convictions or a qualifying prior deferred adjudication.

However, under Texas Penal Code § 49.09, prior intoxication-related convictions and certain deferred adjudications can be used to enhance future DWI charges.

Texas Drinking and Driving Laws

In Texas, it's illegal to drive while intoxicated.

Under Texas Penal Code §49.04, DWI means operating a motor vehicle in a public place while intoxicated. Texas Penal Code § 49.01 defines “intoxicated” as either loss of normal use of mental or physical faculties or a blood alcohol concentration (BAC) of 0.08 or higher.

In other words, you can still be charged with DWI if you were below the legal limit, if you exhibit signs of impairment.

The Texas Department of Public Safety reported approximately 85,002 DWI charges statewide in 2023, underscoring how common these cases remain.

Penalties for a First DWI in Texas

For a standard first DWI, the base penalties are:

Up to $2,000 in fines
Up to 180 days in jail
A minimum of 72 hours of jail time if convicted
Driver's license suspension of up to 1 year

Aggravating facts can push the case higher. Here are a few examples:

Factor	Change
Testing shows a BAC of 0.15 or more	Class A misdemeanor (instead of Class B)
An open container of alcohol is in your immediate possession	§ 49.031 specifies that an open container can increase the minimum jail term for a DWI conviction to 6 days
A child below 15 was in the car	Under §49.045 – DWI with a child passenger (under 15) is a separate state jail felony offense

Is Jail Time Mandatory for a First DWI in Texas?

Texas law sets a minimum jail sentence of 72 hours upon conviction. In many cases, this minimum is satisfied by time already spent in custody after arrest, though additional jail time can still be imposed. The maximum jail sentence for a first offense is 180 days.

Whether you will have to spend any additional time beyond that will depend on the judge, the specifics of your case, and whether you've hired an experienced DWI lawyer.

Fines for a First DWI

The Texas Department of Transportation (TxDOT) estimates that a DWI can cost up to $17,000 when fines, fees, and long-term consequences are included.

Not every item below applies in every case, but many defendants end up paying several of these costs at the same time.

Cost item	Typical amount
Court fine	Up to $2,000 for a standard first DWI
Punishment fee/state fine	May include a separate state fine assessed upon conviction, which can be $3,000 or more, depending on the case
Court costs (Other case-specific fees may apply)	State consolidated court costs: $147 Local consolidated court costs: $123
Probation fees	Community supervision (probation) is governed by Texas Code of Criminal Procedure Article 42A, and courts may impose monthly supervision fees averaging $25 to $60 per month
Driver's license surcharges / current license-related costs	The old Texas DWI surcharges were repealed, but you can still face reinstatement-related costs.
SR-22 and reinstatement fees	An SR-22 can add insurance costs ALR reinstatement fee is $125 before renewal or reissuance (after suspension)
Car insurance	Annual premiums often increase significantly after a DWI conviction and can remain elevated for several years
Bail	Travis County bail data obtained by Michael & Associates shows that bail amounts can range from a personal bond with administrative fees to secured bonds in the thousands of dollars, depending on the charge and circumstances.
Ignition interlock device (Separate vendor install and lease costs may also apply)	In Travis County, pretrial supervision may include an ignition interlock device with additional administrative fees. Processing fees can include up to 3% of the bond amount (capped at $300), along with separate monthly monitoring or device costs, depending on the provider
Impound and tow fees	Non-consent towing and impound costs vary by jurisdiction and provider, but can total several hundred dollars in the Austin area
Alcohol and substance abuse classes	Alcohol education classes and DWI-related assessments are typically required in many cases, with costs varying by provider and program.

An experienced DWI lawyer may initially sound expensive, but when you factor in all of the fines, fees, and collateral costs, a lawyer could end up saving you a significant amount of money.

License Suspension and the 15-Day ALR Deadline

Under Texas Transportation Code § 724 (the implied consent law), drivers are deemed to have consented to breath or blood testing when lawfully arrested for DWI.

If you failed or refused a breath/blood test after a DWI arrest, DPS can seek suspension of your license through the Administrative License Revocation (ALR) process.

Administrative License Revocation (ALR) proceedings are governed by Texas Transportation Code Chapter 524. You typically have 15 days from the date of notice of suspension to request a hearing. The ALR is an administrative process that's separate from the criminal case.

The suspension generally begins on the 40th day after notice if no hearing is requested. Failing the breath/blood test for the first time can lead to a 90-day license suspension, while a test refusal for the first offense can mean a 180-day suspension.

In some cases, drivers may be eligible for an occupational driver’s license under Texas Transportation Code Chapter 521 to maintain limited driving privileges.

What Happens After a First DWI Arrest in Austin?

Most first DWI cases move through the following:

Arrest
Magistration (this is typically where bail and any other release conditions are set)
Evidence review
Pretrial motions and hearings
Negotiation
Either a final plea or a contested hearing or trial

The exact path depends on the facts, the test evidence, the court, and whether the defense identifies legal issues with the stop or the investigation.

If the arrest occurred in Travis County, a first DWI misdemeanor will usually proceed through the county courts at law, which handle Class A and Class B misdemeanor cases.

Travis County lists seven criminal county courts at law (#3 to #9), which are all located at the Blackwell-Thurman Criminal Justice Center, 509 West 11th Street, Austin, Texas 78701. The county provides online access points for criminal dockets and case information, making it easier for people to track cases.

Can a First DWI in Austin Be Reduced, Dismissed, or Resolved Without Jail?

Sometimes yes, but there are no guarantees. Still, a first DWI may have more room for negotiation than repeat cases.

Common defense-review issues:

Legality of the stop
Field sobriety testing issues
Breath or blood testing issues
Rising BAC/timing issues
Officer observations versus actual impairment

Travis County offers a DWI pretrial diversion program, but eligibility is limited. Cases involving high BAC levels (such as over 0.20), certain prior histories, or more serious circumstances may be excluded, and acceptance is determined on a case-by-case basis.

Why a First DWI Conviction Still Matters

Just because it's a first offense doesn't mean it's minor. According to TxDOT, alcohol-related crashes caused an average of about 89 deaths per month in Texas in 2023, and caused about 65 alcohol-related crashes per day.

A first DWI can lead to the following:

Criminal record consequences
Driver's license and driving-privilege issues
Insurance impact
Employment or professional-license concerns

Note: Taking a first case seriously may affect any future DWI exposure, since later offenses carry much steeper penalties.

Helpful DWI Resources

TDLR Drug and Alcohol Education Programs: Here, you'll find state-approved DWI classes and other court-ordered alcohol or drug courses.
Texas DPS ALR Hearing Request Form: You can use this form to request an official hearing to fight an ALR license suspension.
SoberRides: A TxDOT safety campaign that helps drivers and their families understand the risks and costs of drunk driving, plan sober rides, and make safer choices after a DWI arrest.

Charged With a First DWI in Austin? Michael & Associates Can Help

A first DWI case can affect your license, your record, and your daily life. Michael & Associates Austin team reviews the evidence closely, including police records, body-camera footage, field sobriety testing, and breath or blood evidence, to identify problems in the State's case.

The firm also helps clients address ALR hearings, occupational license issues, bond conditions, negotiations with prosecutors, and trial preparation when necessary.