A first DWI in Texas is a Class B misdemeanor that can result in a fine of up to $2,000, jail time of 3 to 180 days, and a driver's license suspension of up to one year. However, in our experience, jail time is unlikely for a standard first-time offense with no aggravating factors.
Depending on your case, you may receive probation, be required to complete a DWI education program, complete alcohol education, maintain SR-22 insurance, satisfy any court-ordered license requirements, and have an ignition interlock device installed in your vehicle.
It also sets off a fast-moving chain of legal and administrative consequences, which start immediately after your arrest. In this guide, we break down exactly what happens, step by step, so you know what to expect and how to protect yourself.
At Michael & Associates Criminal Defense Attorneys, our experienced DWI lawyers have successfully defended thousands of Texas DWI cases. Depending on the facts, we may be able to obtain a dismissal, negotiate reduced charges, secure probation, or pursue another favorable resolution. Please give us a call at (512) 764-1417 or schedule a free case review, and we will be happy to give you our take, free of charge.
Related: First DWI in Dallas
Last updated: August 2026
Key Takeaways
- A first DWI is usually a Class B misdemeanor, which is punishable by up to 180 days in jail and up to $2,000 in fines.
- Texas law requires a minimum 72-hour jail sentence if convicted, but this time is often credited from what you serve between your initial arrest and posting bail.
- You face two cases at the same time: the ALR license suspension case and your criminal case. You have only 15 days to request an ALR hearing to fight your license suspension.
What Happens Immediately After a First DWI Arrest
After a first DWI arrest in Texas, you are booked into jail, appear before a magistrate, may be released on bond, face a separate driver's license suspension case, and begin the criminal court process. In Texas, DWI (driving while intoxicated) and DUI (driving under the influence) are not the same. Only drivers under age 21 can be charged with DUI, and it typically doesn’t involve jail time. While the post-arrest steps are similar, the penalties for DUI are very different.
Related: 10 things that happen after a DWI arrest
You're Taken into Custody
The officer arrests you, transports you to jail, and books you. You'll be photographed, fingerprinted, and held until you can be released on bond.
Chemical Testing
You'll be asked to take a breath, blood, or urine test.
- A blood alcohol concentration (BAC) of 0.08% or higher is considered legal intoxication
- Refusal leads to an automatic license suspension under the Texas Implied Consent Law
Two of our senior trial attorneys -- James Fletcher in Austin and RC Pate in San Antonio -- are certified DWI scientists, having earned the designation of American Chemical Society Forensic Lawyer-Scientist. Ten more of our attorneys are currently completing the training. To date, only 55 lawyers in Texas and about 125 nationwide have earned this designation.
This advanced forensic training allows our attorneys to critically evaluate breath testing, blood testing, laboratory procedures, calibration records, and chain-of-custody documentation for potential weaknesses. Breath and blood testing involve complex scientific principles, calibration procedures, laboratory protocols, and chain-of-custody requirements. Attorneys with advanced forensic training can identify weaknesses that may not be apparent from the police report alone.
Magistration
Eventually, typically within about 24 hours of your arrest, you'll appear before a magistrate, who will inform you of the charges against you, advise you of your legal rights, and set your bail and release conditions. The magistrate will also ensure that, if you cannot afford an attorney, you'll be given the appropriate forms to request a court-appointed attorney. This is not an arraignment, so you will not enter a plea at this point.
Your Driver's License may be Confiscated
If you fail or refuse a test, the officer issues a temporary driving permit (Form DIC-25). Your license is set for automatic suspension unless you fight it through an ALR hearing.
Travis, Bexar, Dallas, Harris, and Tarrant counties all have different processes and bail options.
Can I Drive After a First DWI Arrest?
Yes, but only temporarily in many cases. Whether you can continue driving after a first DWI arrest depends on whether you submitted to chemical testing, your Administrative License Revocation (ALR) case, and whether your driver's license is ultimately suspended.
If you failed or refused a breath or blood test, the arresting officer will typically confiscate your driver's license and issue you a DIC-25 Notice of Suspension/Temporary Driving Permit. This temporary permit generally allows you to continue driving for up to 40 days from the date of your arrest.
However, you have only 15 days after your arrest to request your ALR hearing. Requesting a hearing usually delays any suspension until the hearing is resolved. If you do not request a hearing before the deadline, your driver's license will generally be suspended automatically when the temporary permit expires.
The 15-Day Deadline: ALR License Suspension
A first DWI triggers a separate ALR process. The ALR process is separate from your criminal case. As a result, the Texas Department of Public Safety can suspend your driver's license through the administrative process even if your criminal case has not yet been resolved.
You only have 15 days from the arrest date to request a hearing. If you miss the deadline, your suspension becomes automatic.
Suspension lengths
- Failed breath/blood test: 90 days
- Refused test: 180 days
At Michael & Associates, we handle the entire ALR process from start to finish. Our attorneys represent clients throughout the ALR process (you probably won’t even have to attend). We may be able to delay or prevent the suspension entirely. And if we can’t stop the suspension, we’ll help you obtain an Occupational Driver’s License (ODL).
If your license is suspended, you may still qualify for an ODL. An occupational license can allow you to drive for essential purposes, such as traveling to work, school, medical appointments, or performing necessary household duties, subject to court approval and any applicable restrictions.
Because the ALR process moves quickly and is separate from your criminal DWI case, speaking with an experienced Texas DWI lawyer as soon as possible can help you protect your driving privileges and evaluate your options before important deadlines expire.
Related: What are the chances of winning an ALR hearing in Texas?
How to Post Bail
Bail is a fixed amount of money you'll need to deposit with the court to be released from jail while your case is pending. It serves as a security deposit to ensure you'll appear in court as scheduled. In some jurisdictions, you may be released on a "personal bond," which means you're released on your own recognizance (no financial payment is required aside from a nominal administrative fee).
Bail amounts can vary widely from county to county. If you can pay your bail in cash, you will need to make arrangements to do so, and you may need to call a friend or family member to help you. Some jurisdictions accept only certified checks or money orders. Others will also accept cash or credit cards. You'll get this money back (minus some fees) after your case has been resolved.
If your bail is too high to pay in full, you'll need to obtain a surety bond. You will pay a fee to a bail bond company (typically about 10% of your total bail), and they will post bail on your behalf. The bail bond fee is not refundable. Jails typically have lists of bail bond companies you can contact but cannot recommend specific companies. You'll be allowed to make phone calls, though some jurisdictions charge a fee for each call.
Criminal Penalties for a First DWI in Texas
Most first DWIs are charged as a Class B misdemeanor.
Standard First DWI (BAC < 0.15)
- Up to 180 days in jail (3 days mandatory if convicted)
- Up to $2,000 fine
- License suspension 90–365 days
- DWI Education Program
- Probation (typically 12–24 months)
- Drug/alcohol evaluations
- SR-22 high-risk insurance
Enhanced First DWI (BAC ≥ 0.15)
- Upgraded to a Class A misdemeanor
- Up to 1 year in jail
- Up to $4,000 fine
- Mandatory ignition interlock device, even on a first offense
What if There was an Accident?
If the DWI involved:
- Minor injury: If another person is injured, prosecutors may pursue more serious charges depending on the severity of the injuries and the circumstances
- Serious bodily injury: Charges are elevated to 3rd-degree felony intoxication assault
- Death: Charged as 2nd-degree felony intoxication manslaughter
What Happens at Court
Court will be the next step. Your case moves through several stages:
1. Arraignment
During this process, you will be formally charged and enter a plea (usually "not guilty").
2. Evidence Review
Your attorney examines:
- Bodycam footage
- Breath/blood test records
- Probable-cause statements
- Field sobriety test performance
- Dashcam video
- Lab procedures and chain of custody
3. Negotiation or Suppression
Your attorney may fight to suppress:
- Invalid stops
- Faulty breath tests
- Blood draw issues
- Unlawful arrests
- Improper standardized field sobriety testing procedures
During this time, cases are most likely to be reduced or dismissed.
4. Resolution
Possible outcomes include:
- Case dismissal
- Reduction to a lesser charge (e.g., Obstruction of a Highway)
- Deferred adjudication (no final conviction if completed successfully)
- Straight probation
- Conviction
- Trial
Michael & Associates has a proven record in the courtroom. In 2025, the firm secured favorable or partially favorable outcomes in approximately 65% of its jury trials, including a 63.6% DWI jury trial win rate, demonstrating its commitment to preparing every case for trial when necessary.
Can a First DWI Be Reduced?
Yes. Depending on the facts of the case, a first DWI may be reduced or even dismissed. Every case is different, and the outcome depends on the strength of the evidence, the prosecutor's evaluation of the case, and the effectiveness of the defense.
Possible outcomes include:
- Reduction to Obstruction of a Highway or Passageway: In some cases, prosecutors may agree to reduce a DWI charge to obstruction of a highway, a non-DWI offense that avoids many of the long-term consequences associated with a DWI conviction.
- Reduction to Reckless Driving: While uncommon, some jurisdictions may agree to reduce a DWI to reckless driving when significant evidentiary or legal issues exist.
- Dismissal: A DWI may be dismissed if the prosecution cannot prove intoxication beyond a reasonable doubt or if key evidence is excluded because of an unlawful traffic stop, improper arrest, faulty chemical testing, or other constitutional or evidentiary issues.
- Deferred adjudication: Deferred adjudication may be available for certain first-time DWI offenses. If successfully completed, the case may be dismissed without a final conviction, although additional steps may be required to seek an order of nondisclosure.
Ultimately, whether a reduction or dismissal is possible depends on the specific facts of your case, the available evidence, local prosecutorial policies, and the exercise of prosecutorial discretion. An experienced Texas DWI lawyer can evaluate your case and identify potential defenses and opportunities to pursue a more favorable outcome.
Is a First DWI a Felony?
Usually not. A first DWI in Texas is generally charged as a Class B misdemeanor if there are no aggravating circumstances. However, the charge can become more serious when additional factors are involved.
For example, a first DWI may result in enhanced or felony charges if the case involves serious bodily injury to another person (intoxication assault), a death (intoxication manslaughter), or certain qualifying prior convictions that allow prosecutors to pursue felony penalties.
Even when a first DWI remains a misdemeanor, a conviction can still carry significant consequences, including jail time, fines, driver's license suspension, increased insurance costs, and a permanent criminal record.
Related: Felony vs. misdemeanor
How Long Does a First DWI Stay on Your Record?
A first DWI conviction in Texas can remain on both your criminal record and driving record for many years, and in some cases permanently. How long it appears depends on the type of record and the outcome of your case.
If you are convicted, the conviction generally cannot be expunged, meaning it will remain part of your criminal history. However, some first-time offenders who receive deferred adjudication may become eligible to petition for an order of nondisclosure after completing all court requirements and any applicable waiting period. A nondisclosure does not erase the case, but it can limit who can see it during most background checks.
Your DWI may also appear on your Texas driving record, which is maintained separately from your criminal record. Insurance companies, employers, and government agencies may review your driving history, depending on the circumstances.
Because a DWI conviction can affect employment opportunities, professional licensing, housing applications, and insurance rates long after your case ends, it's important to explore every available defense before accepting a plea. An experienced Texas DWI lawyer can advise you about whether your case may qualify for dismissal, deferred adjudication, or, when legally available, a future order of nondisclosure.
Long-Term Consequences of a First DWI
A first DWI can influence your life in ways many people don't expect:
- Permanent criminal record (DWIs cannot be expunged if convicted)
- Increased insurance rates
- Difficulty renting apartments
- Job issues for CDL holders, nurses, teachers, and government workers
- Travel restrictions to countries such as Canada
How a Lawyer Can Help on a First DWI
Early representation also allows your attorney to preserve evidence, request police videos before they're deleted, interview witnesses, and identify legal issues before the prosecution has fully developed its case.
An experienced DWI attorney can often:
- Fight the ALR suspension
- Challenge the legality of the traffic stop
- Review bodycam and dashcam footage for procedural errors
- Challenge breath/blood testing
- Push for dismissal or reduction
- Secure deferred adjudication or record sealing (if eligible)
To get the best possible case outcome, you need to contact an experienced Texas DWI lawyer as soon as possible – ideally within 24 to 48 hours. This allows us to question whether your case was properly handled and fight for your driver’s license at the ALR hearing.
Contact us today for a free consultation.
FAQs
Will I go to jail for a first DWI in Texas?
Yes, but typically only for a few hours. This is generally the amount of time you’re held in custody between your arrest and when you post bail. Most first-time offenders don’t serve any additional time. Even though a standard first DWI with no aggravating factors carries up to 180 days in jail, data shows that most first-time offenders who hire an attorney receive probation or a reduced charge.
If you’re convicted, Texas law requires a minimum 72-hour jail sentence, but this time is often credited for time you've already served.
How long will my driver's license be suspended after a first DWI?
Your license can be suspended before your criminal case even begins. The suspension length depends on whether you took or refused the chemical test. You will need to request an ALR hearing to fight the initial license suspension. Otherwise, the suspension becomes automatic about 40 days after your arrest.
Can a first DWI be dismissed in Texas?
Yes. A first DWI can be dismissed if the prosecution cannot prove the charge beyond a reasonable doubt or if key evidence is excluded because of constitutional or evidentiary issues. Common reasons include unlawful traffic stops, improperly administered field sobriety tests, unreliable chemical testing, and insufficient evidence of intoxication.
At Michael & Associates Criminal Defense Attorneys, our experienced DWI lawyers have gotten many of our clients' first DWIs dismissed or reduced. DWI cases have more attack points than almost any other misdemeanor. We can question the reason for your traffic stop, whether field sobriety tests were administered correctly, and investigate whether your blood samples were mishandled.
Sources
Michael & Associates research, Texas DWI and DUI glossary, Texas Department of Transportation, Texas Department of Public Safety, and the Texas Impaired Driving Task Force.
