First DWI penalties in Texas

The penalty depends on the test result and what else was in the car (Texas Penal Code §§49.04 and 49.045).

First-offense situation	Level	Jail	Max fine
Standard first DWI	Class B misdemeanor	72 hours to 180 days	$2,000
Open container in the car	Class B misdemeanor	6 days to 180 days	$2,000
Test result 0.15 or higher	Class A misdemeanor	Up to 1 year	$4,000
Passenger under 15	State jail felony	180 days to 2 years	$10,000

A conviction also brings a driver’s license suspension of 90 days to one year, separate from the ALR suspension, and the court can order an ignition interlock.

What happens after a first DWI arrest

1. Night of arrest: booking, then a magistrate reads the charge and sets bond within 48 hours.
2. Days 1 to 15: request the ALR hearing, or the suspension takes effect on day 40.
3. Weeks later: the first court setting. Your lawyer asks for the video, the test records and the police report.
4. Months later: the case ends in a plea, a dismissal, deferred adjudication or a trial.

Can a first DWI be reduced or dismissed?

Yes, in some cases. Defense lawyers look at why you were stopped, how the field sobriety tests were given, and whether the breath or blood test was handled correctly. Some first-offense cases end in a reduced charge, such as obstructing a highway, or in deferred adjudication, which is available for a first DWI when the test result was under 0.15 and the driver did not hold a commercial license. See Texas DWI laws for the full penalty ladder.

When to call a lawyer

Call before the 15-day ALR deadline and before your first court date. Evidence like dashcam and bodycam video and breath-machine records can be requested early. Talk to a Texas criminal defense lawyer about your charge.

First DWI questions

Will I go to jail for a first DWI in Texas?

The law sets a 72-hour minimum, but time already spent in jail after the arrest usually counts toward it, and many first offenses end in community supervision (probation) instead of more jail time.

Can I drive to work if my license is suspended?

Often, yes. You can petition a court for an occupational driver’s license that allows driving for work, school and household duties. The court may require an ignition interlock.

Does a first DWI stay on my record?

A conviction cannot be expunged. If the case is dismissed, it usually can be. A first DWI with a test result under 0.15 may be sealed later with an order of nondisclosure after a waiting period.