“Will I go to jail for a 1st DWI?” This probably the most common question i get. And the answer is that no, most likely you won’t have to serve jail time for a 1st DWI (at least if you hire a good defense attorney).

In fact, it’s so common I made a video to talk through it. Feel free to watch below:

We have several different options that can keep you out of jail and may also help you keep your driving privileges.

Law vs. Reality

First, it’s important to note that any arrest is a serious matter, and everyone who has been accused of DWI will likely spend at least a few hours in jail during the arrest and booking process. 

And even though there is a mandatory minimum jail sentence of 72 hours or three days if you’re convicted, our experience is that most first-time offenders won’t spend any additional time behind bars.

READ MORE: DWI vs. DUI

Reality: Jail Time is Unlikely

Texas takes DWI convictions very seriously, and as such, they will remain on your record – and appear in background checks – forever. However, first-time DWI arrests almost never result in jail time. Most are resolved with dismissals, plea bargaining, and reduced charges.

Almost all of the jail sentences for first-time DWI offenders in 2023 in Texas’ five largest counties involved people who pleaded guilty or no contest to their charges.

In an informal poll of the Michael & Associates legal team, we found that, on average, less than 1% of clients serve jail time for a first DWI offense.

READ MORE: Driver’s license suspension after DWI

Potential Penalties for First-Time Offenders

Most first DWIs are classified as misdemeanors. 

Maximum penalties for the most serious types of misdemeanors are:

• Up to one year in jail
• A fine of up to $4,000
• Driver’s license suspension for at least 60 days

Though it’s possible to get away with no jail time for a first – or even a second – DWI, the consequences of a conviction are still significant. The penalties you face get more severe with each subsequent offense. This is why it’s crucial to have an experienced DWI lawyer on your side.

READ MORE: Typical DWI sentence in Texas

Statistics

Out of 30,066 first-time DWI charges in Texas in 2023, 24% were sentenced to jail time.

Here are the outcomes of first-time DWI cases in Bexar, Dallas, Harris, Tarrant and Travis counties in 2023:

Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/

Of the first-time offenders who were convicted or pleaded guilty or no contest, 66% were sentenced to county jail (typically for about 72 hours), while the remaining 34% were sentenced to probation.

Why is the number of people committed to county jail so high if jail is so unlikely for first-time offenders? It’s likely because many people plead guilty or Nolo Contendere (no contest) within a few hours after their arrest and did NOT hire a good lawyer to fight their case.

Instead, they most likely just accepted a conviction right away in exchange for the minimum 72-hour jail sentence to avoid having to do any probation. This is NOT recommended.

In some Texas counties, “weekender” programs offer flexibility for low-risk offenders. Some counties – including Travis and Harris – allow offenders to complete community service on weekends and it counts toward jail time, so even if you’re sentenced to jail, you may not have to serve any time behind bars. 

Others – including Tarrant County – allow you to stay at home during the week (so that you can continue going to work) and report to jail on the weekends.

It’s important to note that the terms of these programs vary by county, and they may not available everywhere. 

READ MORE: What are the chances of DWI dismissal in Texas?

Don’t Plead Guilty Before Your Case is Thoroughly Reviewed

If you can’t afford an attorney, a public defender will be appointed to represent you. PDs are often overworked and have heavy caseloads, so many may give the case a cursory review, then encourage clients to plead guilty or no contest right away so they can move on to their next case –.

They may ask you to plead “no contest” in exchange for a sentence of “time served”— the time you spent in jail between your arrest and posting bail. 

Depending on the jurisdiction, this hearing may occur within 24 hours of your arrest.

This may sound good at the time – when you just want the problem to go away – but it isn’t ideal. It takes time to thoroughly investigate DWI allegations. Pleading guilty or no contest within a day of your arrest often means the results of your blood testing aren’t complete, and there’s no time to review police reports from your traffic stop. And that conviction will stay on your record forever.

At Michael & Associates, we take the time to thoroughly investigate the circumstances of your arrest, contest the results of your blood testing, fight any driver’s license suspension, and develop a customized approach for your case. You’re our top priority.

READ MORE: Penalties and consequences of a DWI

More Felony DWI Offenses that Could Result in Jail Time

These are more serious offenses. If you’re charged with one of these, it’s essential that you contact us as soon as possible to set up a consultation. 

Intoxication Assault	DWI With a Child Passenger	Intoxication Manslaughter
Third-degree felony	State jail felony	Second-degree felony
Two to 10 years in prison	From 180 days to two years in prison	Between two to 20 years in prison
Up to a $10,000 fine	Up to a $10,000 fine	Up to a $10,000 fine
One-year driver’s license suspension	License suspension for 180 days	Driver’s license suspension from 180 days to two years

READ MORE: How to beat a DWI in Texas

For Some People, Jail Is a Preferred Alternative

While 99% of people would prefer never to spend any time in jail, in some rare cases it can be a welcome alternative to other restrictions.

A good rule of thumb is that the only time a first DWI offender would end up in jail is if a client has a specific request or reason for not wanting to go through probation or a pre-trial diversion program.

If you can stomach a couple of nights in jail, and you don’t care about your criminal record, this can be a good way to get the DWI out of the way quickly. 

One of our Michael & Associates clients was a first-time offender whose blood alcohol content was over .15. He told us that he preferred to spend the shortest amount of jail time possible rather than serving probation. 

He didn’t care about having a DWI on his record and he could easily afford the fines. He specifically requested to spend the lowest possible amount of jail time rather than deal with the repercussions of probation, a driver’s license suspension, and an ignition interlock device.

If, for some reason, you fall into this camp, we can probably negotiate this with the prosecutor.

You May Be Eligible for Deferred Adjudication

Deferred adjudication allows some first-time offenders to plead guilty or no contest to criminal charges, but the court defers entering a judgment of guilt and places the defendant on probation. If you successfully complete the probation period and comply with all conditions established by the court, the charges against you may be dismissed, and no conviction will be recorded. 

However, if you fail to meet the probation conditions, the court can sentence you up to the maximum jail time for your offense.

As long as the probation is completed successfully, you may be able to use an Order of Nondisclosure to seal the criminal record.

To be eligible for deferred adjudication, the following conditions must be met:

• This was your first DWI
• You have no previous convictions
• Your BAC level was below 0.15
• There are no other aggravating factors, such as intoxication assault

If you are sentenced to community supervision, you will have to agree to install an ignition interlock device on your car and attend regular drug and alcohol testing with your probation officer. You may also need to attend classes and perform community service.

READ MORE: Straight talk about DWI in Texas

The Best Way to Avoid Jail for DWI in Texas

If you are facing DWI charges in Texas, Michael & Associates can help.

We can help you beat your DWI by carefully reviewing police reports and officer testimony to ensure that your rights weren’t violated. We have certified blood scientists on staff who can help us challenge the results of your blood test.

While the best possible way to avoid jail is to get your case dismissed, sometimes that isn’t possible. When that happens, we still have a number of legal options for first-time offenders that avoid any jail time. Some of the most common options include:

• Deferred adjudication
• Probation
• Community service
• Mandatory alcohol education classes
• Fines
• Installation of an Ignition Interlock Device

Contact us today for a free case review and we will assess your options.