If you're charged with a first DWI in Fort Worth, don't treat the case as a minor issue. Even if it's just a misdemeanor DWI, it can still carry penalties, including a criminal fine of up to $2,000, jail time of up to 180 days, a separate state traffic fine, and driver's license suspension.
The criminal offense of operating a motor vehicle in a public place while intoxicated is covered under Texas Penal Code § 49.04. But the case may carry harsher punishments if it involves a child passenger, a BAC of 0.15% or higher, an open container, serious bodily injury, or death.
Fort Worth First DWI Defense Attorney
Many people get scared after being arrested for DWI for the first time. But an arrest would not automatically get you convicted. For a DWI conviction, the State still needs to prove every element of the case, and this is where you may be able to turn the case around. It's not as easy as it sounds, though, especially if you're dealing with the case all by yourself.
At Michael & Associates Criminal Defense Attorneys, we help people in Fort Worth challenge their DWI cases. Our 2025 internal data shows that 70.8% of first-time DWI cases we've handled in Texas were resolved with time served. That means no additional jail time beyond the time between the client's arrest and release on bail.
Give us a call, and our DWI lawyers will help evaluate your case. From the traffic stop and field sobriety tests to dash cam video and breath or blood testing, we'll review all facts of the case to help increase your chances of a favorable outcome.
DWI Laws in Fort Worth, TX
A standard first DWI is charged under Texas Penal Code § 49.04, which states that a person commits the offense by operating a motor vehicle in a public place while intoxicated.
Under Texas Penal Code § 49.01, intoxication can mean either of the following:
- Having a BAC of 0.08% or higher
- Losing the normal use of mental or physical abilities due to alcohol, drugs, medication, or another substance
So even if your BAC is below 0.08%, you can still be charged with DWI if your intoxication is due to alcohol, drugs, or other substances causing you to lose the normal use of your mental or physical abilities.
What Happens After a First DWI Arrest in Fort Worth?
After you get arrested for a first DWI in Fort Worth, you may be booked in jail, brought before a magistrate, and released on bond.
Being released on bond is like temporary freedom. So, you'll still have to be extra careful with your actions. Review the bond conditions and avoid violating any of them. Bond conditions may include alcohol monitoring, random alcohol testing, ignition interlock device installation, and travel restrictions.
What Happens if I Refuse a Breath or Blood Test in Fort Worth?
Texas has an implied consent law, which means you automatically agree to a breath or blood test when operating a vehicle on a public road. You still have the right to refuse testing, but it can trigger a separate Administrative License Revocation (ALR) case.
A refusal doesn't automatically prove guilt in a DWI case. But prosecutors may use the refusal as evidence, and officers may still seek a warrant for a blood draw.
Note: The ALR case can be triggered regardless of whether the criminal charge is reduced or dismissed later.
How Can You Protect Your License After a Fort Worth DWI Arrest?
The ALR case, which is triggered when you refuse or fail a breath/blood test, is separate from the criminal case. The Texas Department of Public Safety (DPS) handles the ALR process, which focuses on your driving privileges rather than whether you are criminally guilty of DWI.
In most cases, you'll have 15 days after receiving a notice of suspension to request an ALR hearing. If you miss this deadline, DPS will deny your hearing request, and you won't have a chance to challenge your license suspension case.
During the ALR hearing, you'll have a chance to examine the officer's sworn statement and the basis for the stop, arrest, and testing request. So, while the license case and criminal case are separate, evidence in one can affect the strategy in the other.
What Are the Penalties For a First DWI in Fort Worth?
A standard first DWI is usually a Class B misdemeanor. Possible punishments include:
- Up to 180 days in county jail
- Criminal fine of up to $2,000
- Driver's license consequences
Jail time is mandatory for a first DWI in Fort Worth, and the minimum confinement is 72 hours.
The following circumstances can elevate the charge or increase the possible penalties:
- Open container: Still a Class B misdemeanor, but the minimum confinement term increases to six days.
- BAC of 0.15% or higher: If the BAC is 0.15 or higher at the time of analysis, the DWI can be charged as a Class A misdemeanor. The possible penalties include up to one year in county jail and a criminal fine of up to $4,000.
- Child passenger under 15: If there's a child under 15 in the vehicle, the DWI can be charged as a state jail felony under Texas Penal Code § 49.045.
- School crossing zone during reduced-speed hours: A DWI committed on or after September 1, 2025, can be charged as a state jail felony if the person operated the vehicle in a school crossing zone while the reduced speed limit applied.
- Serious bodily injury: Under Texas Penal Code § 49.07, you can be charged with intoxication assault if the State claims that your alleged intoxication accidentally or mistakenly caused serious bodily injury to another person.
- Death: If the prosecutors claim that your alleged intoxication, whether by accident or mistake, caused another person's death, you can be charged with intoxication manslaughter under Texas Penal Code § 49.08.
Fines and Costs of a First DWI in Fort Worth
The criminal fine is not the only expense in a first DWI case. If you're convicted of a qualifying intoxication-related driving offense, you may also face a separate state traffic fine under Texas Transportation Code § 709.001.
You may have to pay an additional fine of:
- $3,000 if it's your first DWI conviction within 36 months
- $6,000 if your blood, breath, or urine test showed a BAC of 0.15% or higher
Other possible expenses can include:
- Court costs
- Administrative fees
- Probation supervision fees
- Alcohol monitoring or testing
- DWI education programs
- Ignition interlock installation
- Towing, storage, and impound charges
Can a First DWI Be Dismissed or Reduced in Fort Worth?
Yes, a first DWI may be dismissed or reduced, depending on the facts, available evidence, applicable law, and prosecutor's evaluation.
In our internal 2025 data, 15.8% of our resolved DWI cases were dismissed. That's why we review the evidence thoroughly and never assume that a first DWI case can't be challenged.
Real World First DWI Case Outcome
Charge: DWI - First Offense
Location: Tarrant County
Allegations: Our client pulled over because she felt unwell. When the police found her in the driver's seat, the engine was still running. They marked a breath test refusal and later secured a warrant for a blood draw taken hours after contact. We reviewed the body cam and paperwork, reconstructed the timeline, and challenged whether she was operating the vehicle at all. We also attacked the reliability of a delayed sample.
Result: Case dismissed
Note: Past results do not guarantee or predict a similar outcome in any future case.
Helpful DWI Resources
- Administrative License Revocation Program: Learn more about the ALR hearing process and the 15-day deadline.
- Tarrant County Criminal Courts: Get information on the courts that handle Class A and Class B misdemeanor criminal cases.
- Tarrant County Criminal Docket Search: Allows users to review publicly available criminal docket information.
Consult a First DWI Lawyer in Fort Worth
When facing a first DWI charge, you may feel like your life is over. But you are innocent until proven guilty. Prosecutors still must prove the case beyond a reasonable doubt.
So before you plead guilty or assume that it's a losing battle, contact Michael & Associates. Our internal 2025 data shows we have a 63.6% win rate in DWI jury trials, including dismissals, acquittals, and directed verdicts.
We can help you review the evidence, evaluate possible defenses, and prepare for court in Tarrant County. Our accredited DWI scientists can also help examine breath and blood testing issues.
In Fort Worth, our experienced criminal defense attorneys are led by Ryan Eady, board-certified in Criminal Law by the Texas Board of Legal Specialization. They can give your first DWI case careful attention from start to finish.
