First DWI

A first DWI in Houston is usually a Class B misdemeanor. It can lead to jail time, a criminal fine, a separate Texas state traffic fine, and driver's license consequences.

Getting arrested for DWI can feel overwhelming, especially if it's the first time. You may be worried about losing your license, getting to work, explaining the arrest to your family, or appearing in court for the first time.

However, an arrest is not a conviction. The State must still prove that you operated a motor vehicle in a public place while intoxicated. But you must act quickly after an arrest, especially since the criminal charge and driver's license case are separate.

Houston First DWI Defense Attorney

Most first DWI cases in Houston are handled as misdemeanors in Harris County Criminal Courts at Law. Depending on the facts, the case can also involve strict bond conditions, an Administrative License Revocation (ALR) issue, alcohol testing, ignition interlock, and court settings.

Michael & Associates can help review the traffic stop, arrest, bodycam footage, dashcam footage, field sobriety tests, breath test, blood test, lab records, warrant paperwork, and officer reports.

Our experienced DWI lawyers in Houston can help you understand what the State can actually prove and whether there are legal or factual weaknesses that may help protect your record, license, and future.

DWI Laws in Houston, TX

Whether you searched for a Houston first offense DWI lawyer or a Houston DUI attorney, Texas law refers to these charges as DWI.

Texas Penal Code § 49.04 makes it a crime to operate a motor vehicle in a public place while intoxicated. Apart from city streets and highways like I-45 and I-10, "public place" can also include parking lots open to the public, apartment complex driveways, and other places where the public or a substantial group of people has access.

As defined in Texas Penal Code § 49.01, intoxication can mean two things. The State can try to prove intoxication by showing a BAC of 0.08 or higher, or by claiming the person lost the normal use of mental or physical faculties because of alcohol, drugs, medication, a controlled substance, or another substance.

So, a first DWI in Houston does not always depend on a breath or blood result over 0.08%. You can still be charged with DWI if the officer claims that your driving, speech, balance, odor of alcohol, field sobriety tests, or other evidence shows impairment.

What Happens if I Refuse a Breath or Blood Test in Houston?

Texas's implied consent law means that a person arrested for DWI may face driver's license consequences for refusing a requested breath or blood test. However, officers often still need voluntary consent, statutory authority, or a search warrant before obtaining a blood sample.

Even if you refuse a voluntary breath or blood test, it does not automatically prove that you are guilty of DWI. However, a refusal can lead to an ALR case with the Texas Department of Public Safety (DPS).

In some situations, the officers may also seek a blood warrant. If a judge signs the warrant, the officers may obtain a blood sample even after a person refused voluntary testing.

What Happens After a First DWI Arrest in Houston?

After getting charged with DWI for the first time, the person may be taken to jail, booked, processed, and brought before a magistrate. Depending on the facts and the person's history, release may involve a bond, court date, and conditions such as no alcohol, random testing, ignition interlock, or a requirement to report to pretrial services.

For a misdemeanor DWI, the criminal case will usually move through a Harris County Criminal Court at Law. The process may include court settings, evidence review, motions, negotiations, pretrial hearings, a plea decision, or trial.

Protecting Your License After a Houston DWI Arrest

After failing or refusing a breath or blood test, DPS may seek to suspend your license. You generally have 15 days after receiving the notice of suspension to request an ALR hearing. If you miss that deadline, the suspension process will move forward without a hearing.

For many ALR cases, a failed breath or blood test can lead to a 90-day suspension, while a refusal can lead to a 180-day suspension. Longer suspensions may apply if the person has a prior alcohol- or drug-related enforcement contact.

Note that the ALR case is separate from the criminal case. It focuses on driving privileges and does not decide whether a person is guilty of DWI. But a DWI conviction can also lead to a separate driver’s license suspension. So, resolving the ALR case does not automatically resolve every license issue.

A timely ALR hearing request may give the defense an opportunity to review parts of the State's case early, including officer reports and testing-related information. It can also help your lawyer to evaluate possible driver's license options if DPS seeks a suspension.

First DWI Penalties in Houston

A standard first DWI is usually a Class B misdemeanor, and the punishment range can include:

• Up to 180 days in jail
• Fine of up to $2,000
• Driver's license consequences

However, certain allegations can raise the punishment level or create more serious consequences.

Is Jail Time Mandatory for a First DWI in Houston?

A standard first DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours. If the case involves an open container in the person's immediate possession, the minimum term increases to six days.

That does not always mean a person will serve a long jail sentence after a first DWI conviction. Jail credit, probation, plea terms, court orders, and the exact charge can all affect what happens in the real case.

Still, you should not assume a first DWI has no jail exposure. A Houston DWI defense lawyer should review the facts early, especially if the case involves a crash, high BAC allegation, refusal, open container, child passenger, or any prior criminal history.

Fines and Costs of a First DWI in Houston

The criminal fine for a standard first DWI can be up to $2,000.

A person convicted of a qualifying intoxication-related driving offense may also face a separate Texas state traffic fine (under Texas Transportation Code § 709.001) of $3,000 for a first conviction within a 36-month period.

The state traffic fine can increase to $6,000 if the State proves a BAC of 0.15 or higher at the time the analysis was performed. The court must waive the fine and related costs if it finds the person indigent.

The financial impact of a first DWI can go beyond the criminal fine and state traffic fine. A person may also face court costs, probation fees, towing and impound costs, alcohol education, ignition interlock expenses, SR-22 insurance, occupational driver's license costs, and missed work.

Can a First DWI Be Dismissed or Reduced in Houston?

A first DWI can sometimes be dismissed or reduced, but no one can honestly promise that result before reviewing the evidence. Every case depends on the facts, the law, the court, and the State's proof.

Potential issues may include an unlawful stop, weak probable cause, incomplete police video, unreliable field sobriety testing, problems with breath testing, blood-draw or lab concerns, warrant issues, chain-of-custody problems, or a timeline that does not clearly show intoxication at the time of driving.

Can a First-Time DWI Be Expunged in Houston?

A first DWI conviction is usually not eligible for expunction in Houston. Expunction is generally reserved for situations such as a dismissal, acquittal, no formal charge being filed, or another outcome that meets Texas expunction requirements.

However, a dismissal does not automatically mean a record can be expunged. Eligibility can depend on how the case ended, whether charges were filed, waiting periods, prior history, and other legal requirements.

For some first-time DWI cases, they may qualify for nondisclosure, which is different from expunction. A nondisclosure order can limit public access to certain criminal records, but it does not erase the record. Additionally, it may not block access by law enforcement, licensing agencies, and other authorized entities.

Note: Nondisclosure rules for DWI cases are also limited and case-specific.

Real World First DWI Case Outcome

Charge: DWI - First Offense

Location: Harris County, CC12

Allegations: Officers responded to a single-vehicle accident after the car's crash alert notified 911. Our client admitted to drinking, performed roadside tests, and later agreed to a breath test. The breath sequence began with an invalid result, followed by decreasing readings. We pulled the bodycam footage, police reports, and breath test records, then challenged the administration of the field tests and whether the state could prove intoxication at the time of driving.

Result: Case Dismissed

Note: Past results do not guarantee or predict a similar outcome in any future case.

Helpful DWI Resources

1. Texas DPS Administrative License Revocation Hearing Request: Use this page to request an ALR hearing after a DWI-related failed or refused breath or blood test.
2. Texas DPS Administrative License Revocation Program: This DPS page explains the civil license-suspension process after certain alcohol or drug-related driving arrests.
3. Harris County Criminal Courts at Law: A useful local resource for Harris County misdemeanor court information, court locations, judges, and related court links.
4. Harris County Sheriff's Office Jail Information: This page provides jail, inmate search, bonding, court, and case information for people booked into Harris County custody.
5. Texas Courts Orders of Nondisclosure Forms: Provides nondisclosure forms and related court resources for eligible record-sealing requests.

Talk to a Houston First DWI Lawyer

A first DWI arrest can feel like one night's mistake will control the rest of your life. But it does not have to be handled that way. An arrest is not a conviction, and the State must prove every part of its case.

Michael & Associates helps people facing first DWI charges in Houston understand the allegations and make informed decisions about their next steps. Our attorneys regularly appear in Harris County Criminal Courts at Law and understand the local procedures, prosecutors, and evidentiary issues that commonly arise in first-offense DWI cases.

Our DWI defense attorneys at Michael & Associates, led by Charles Pelowski, a Board Certified criminal defense attorney with advanced forensic DWI training who is currently pursuing the ACS-CHAL Forensic Lawyer-Scientist designation, help people facing first DWI charges in Houston, Harris County, and surrounding communities understand their options and build a strategic defense.

Before pleading guilty or assuming there is nothing to challenge, it is important to review the stop, arrest, body-camera footage, testing, laboratory records, warrant, and police reports. Those details can affect whether the case may be challenged, negotiated, reduced, dismissed, or prepared for trial.

Contact us for a free case review.

Last updated in July 2026 and reviewed for accuracy by Michael & Associates' criminal defense attorneys.