First DWI

If you're charged with a first DWI in San Antonio, don't shrug it off as a minor case just because it's your first offense. Depending on the facts of the case, it's usually a Class B misdemeanor, and a conviction can result in up to 180 days in jail, a fine of up to $2,000, a separate state traffic fine, and a driver's license suspension or restriction.

Driving while intoxicated (DWI) is charged under Texas Penal Code § 49.04. A person commits the offense by operating a motor vehicle in a public place while intoxicated.

Penalties for a first DWI can become more serious if the case involves an open container. The charge level can also increase if the case involves a BAC of 0.15 or higher, a child passenger, serious bodily injury, death, or a DWI in a school crossing zone during the reduced-speed-limit period.

San Antonio First DWI Defense Attorney

If this is your first DWI, you may be worried about jail, your driver's license, and whether the case will follow you forever. Those are fair concerns, especially if it's your first experience with the criminal justice system.

Everything about a DWI case can be confusing. And many people overlook facts that could otherwise be used for their defense.

That's why Michael & Associates looks at the full picture when reviewing a DWI case. Our experienced San Antonio DWI lawyers will check the key parts of the case, including the stop, police report, field sobriety tests, and breath or blood testing.

Our criminal defense attorneys help people charged with DWI in San Antonio understand what the State must prove and what options may be available in Bexar County. Give us a call today, and we'll help you review all the facts in your case.

DWI Laws in San Antonio, TX

Drunk driving, or driving while intoxicated, is not allowed in San Antonio. Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle while intoxicated in a public place.

"Intoxicated" doesn't only mean having a BAC of 0.08 or higher. Texas Penal Code § 49.01 also defines intoxication as not having the normal use of mental or physical abilities because of alcohol, drugs, a controlled substance, a dangerous drug, a combination of substances, or another substance.

That means you can be arrested for DWI in San Antonio even if there is no breath or blood result over 0.08. If this is your case, the State may rely on other evidence, such as your driving behavior, officer observations, dashcam video footage, and field sobriety tests.

What Happens After a First DWI Arrest in San Antonio?

After a first DWI arrest in San Antonio, you may be booked into jail, brought before a magistrate, and released on bond. Depending on the facts, bond conditions may include no alcohol, random testing, an ignition interlock device, travel limits, or other court-ordered rules.

If your DWI case is charged as a Class B or Class A misdemeanor, it will move through the Bexar County misdemeanor court. The Bexar County District Attorney's Misdemeanor Trial Division prosecutes misdemeanor DWI cases, which the county identifies as one of its more serious misdemeanor offenses.

The criminal case is only one part of the problem. You may also face a separate driver's license issue through the Administrative License Revocation (ALR) process if police claim you failed or refused a breath or blood test. An ALR hearing request must usually be made within 15 days of the DIC-25 (notice of suspension) being served. If the request is late, it may be denied.

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

Texas has an implied consent law. If you are arrested for DWI, Texas law treats you as having already consented to a breath or blood test under certain circumstances. Refusing the test can trigger a license suspension separate from the criminal case.

A DWI test refusal doesn't automatically mean you are guilty of the charge. But the State may try to use the refusal as evidence, and the Texas Department of Public Safety may try to suspend your license through the ALR process.

For a first refusal, your driver's license can be suspended for 180 days. And if your record shows a prior alcohol-related or drug-related enforcement contact, the suspension period can be longer.

First DWI Penalties in San Antonio

A standard first DWI in Texas is usually a Class B misdemeanor, and the penalties may include up to 180 days in jail upon conviction, a fine of up to $2,000, and loss of driver's license for up to one year.

Apart from these, there may also be court costs, probation fees, alcohol education, ignition interlock expenses, occupational license costs, insurance consequences, towing fees, missed work, and a separate state traffic fine.

Is Jail Time Mandatory for a First DWI in San Antonio?

Apart from the penalties for a first DWI charge, there's also a 72-hour minimum confinement term for a standard first DWI. If the offense involves an open container, the minimum confinement term increases from 72 hours to six days.

However, jail credit, probation, plea terms, and the court’s order can affect whether additional time is actually served.

That doesn't always mean a person will serve three additional days in jail after sentencing. Jail credit, probation, plea terms, and the court's order can affect what actually happens.

Fines and Costs for a First DWI Conviction

There's also a separate state traffic fine for certain intoxicated-driving convictions:

• $3,000 for a first conviction within 36 months
• $4,500 for a second or later conviction within 36 months
• $6,000 if the person's alcohol concentration was 0.15 or higher

Note: Waiver rules may apply if the court finds the person to be indigent.

Apart from the criminal fine and state traffic fine, the following costs may also apply to a first DWI conviction:

• Court administrative costs
• Probation fees
• DWI education
• Ignition interlock
• Towing and impound
• SR-22 insurance certificate
• Occupational driver's license

Can a First DWI Be Dismissed or Reduced in San Antonio?

Depending on the facts of the case, a first DWI can sometimes be dismissed. Your lawyer can look for issues with the stop, arrest, chain of custody, lab records, video footage, field sobriety, and breath/blood tests.

In some cases, a reduction is also possible. But it will depend on the facts and the prosecutor's evaluation.

Note: No lawyer can promise a dismissal or reduction before reviewing the evidence.

Can a First-Time DWI Be Expunged in San Antonio?

A first DWI conviction usually cannot be expunged in Texas. But expunction may be available if the case is dismissed or never filed, ends in an acquittal, or meets Texas expunction rules.

Some first DWI records may qualify for nondisclosure, also called record sealing. But nondisclosure is not the same as expunction. Unlike expunction, which can delete a record, nondisclosure only limits public access to it.

Texas Government Code § 411.0731 creates a nondisclosure pathway for certain first DWI convictions after community supervision, but eligibility is limited. The Office of Court Administration's model instructions state that the person must have had a Class B DWI under Penal Code § 49.04, a BAC below 0.15, completed probation, and met other requirements.

Other limits may apply, such as whether the case involved an accident with another person. That's why you must discuss it with your lawyer before accepting a plea, not after the case is already over.

Real World First DWI Case Outcome

Charge: DWI - First Offense

Location: Bexar County, County Court-at-Law 9

Allegations: After a single-vehicle crash, officers arrested our client for DWI based on field sobriety tests performed shortly after impact. EMS records showed she had suffered a panic attack, briefly fainted, and had dangerously low blood pressure around 70/50. She voluntarily gave a blood sample and explained she had taken prescribed medication, not alcohol. We gathered the EMS records and supporting evidence showing her unsteadiness came from a medical episode rather than intoxication. After reviewing the weak evidence of impairment, the prosecution dismissed the case.

Result: Case Dismissed

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

Helpful DWI Resources

Here are helpful official resources for someone facing a first DWI in San Antonio:

1. TxDOT Impaired Driving and Penalties: A public-facing Texas resource summarizing DWI penalties, child passenger consequences, and state fine warnings.
2. Texas DPS Administrative License Revocation Program: A resource explaining the ALR license process after a failed or refused chemical test.
3. Bexar County Criminal Records and Dockets: Bexar County provides online criminal court records and docket search tools for local case information.

Talk to a San Antonio First DWI Lawyer

A first DWI arrest can feel like your whole life has changed overnight. But an arrest is not a conviction, and the State still has to prove the case against you. Before you plead guilty or assume there's nothing to fight, review all the facts first.

At Michael & Associates, we help people charged with a first DWI in San Antonio understand what they're facing and the options available to them. Depending on the facts, our DWI attorneys can challenge the stop and arrest. Our accredited DWI scientists, including San Antonio office leader RC Pate, can challenge your breath or blood test results. We can also help address the ALR license issue, negotiate with the prosecutor, or prepare for the court.

Contact us for a free case review.

Last updated May 2026. Reviewed for accuracy by Michael & Associates' DWI lawyers.