First DWI Offense in Texas
Charged in Houston? You Still Have Options
A first-time DWI in Texas is a serious legal matter—but it doesn’t have to define your future. We’ve helped hundreds of people in Houston get charges dismissed, reduced, or resolved with minimal consequences. We’ll fight hard to do the same for you.
Don’t Let One Arrest Derail Everything
What to Expect After a First DWI
If you’ve been arrested for a first DWI in Houston or Harris County, you’re likely overwhelmed and unsure of what happens next. Texas law imposes strict penalties, even for a first offense—but not every case leads to a conviction. We take immediate action to challenge the traffic stop, test results, and any weaknesses in the prosecution’s case.
We know what’s at stake. That’s why we prepare every case for trial, never accept lowball settlements, and go head-to-head with corporations and insurance companies to ensure our clients get the justice and compensation they deserve.
What’s at Stake With a First DWI
The Penalties You Could Face
A first-time DWI in Texas is often charged as a Class B misdemeanor—but if your blood alcohol content (BAC) is 0.15 or higher, it escalates to a Class A offense with harsher penalties. Either way, the consequences can affect your future in major ways.
Class B Misdemeanor
Up to 180 days in jail and up to $2,000 in fines for most first-time offenders.
Driver’s License Suspension
Your license may be suspended for 90 days to 1 year, plus reinstatement fees.
DWI Education Program
Required to restore your license, plus possible alcohol awareness or treatment courses.
Class A Misdemeanor (BAC ≥ 0.15)
If your BAC is 0.15 or above, you face up to 1 year in jail and a fine of up to $4,000.
Ignition Interlock
May be ordered as a bond condition or for high BAC cases, even on a first offense.
Permanent Criminal Record
Unless your case is dismissed or sealed, it stays on your record and can affect jobs, housing, or travel.
When Penalties Get Even More Serious
Texas law allows for increased penalties in specific situations—even for first-time offenders. These enhancements can turn a misdemeanor into a felony:
DWI with a Passenger Under 15
This is automatically charged as a state jail felony, punishable by 180 days to 2 years in a state jail and fines up to $10,000.
DWI Causing Serious Injury (Intoxication Assault)
A third-degree felony that carries 2 to 10 years in prison and a fine up to $10,000.
DWI Causing Death (Intoxication Manslaughter)
A second-degree felony with penalties of 2 to 20 years in prison and a $10,000 fine.
Understanding the Consequences
Texas DWI Penalties at a Glance
Every DWI charge carries serious consequences that can impact your freedom, finances, and future. The chart below outlines the potential penalties based on the type of charge. While these are the statutory ranges, the final outcome depends on your defense—and that’s where we come in.
| Offense | Classification | Possible Jail Time | Driver's License Suspension | Potential Fine |
|---|---|---|---|---|
| First-Time DWI | Class B Misdemeanor | 3 to 180 days | 90 days to 1 year | Maximum $2,000 |
| First DWI with BAC ≥ 0.15 | Class A Misdemeanor | 30 days to 1 year | 180 days to 2 years | Maximum $4,000 |
| Second DWI Offense | Class A Misdemeanor | 30 days to 1 year | 180 days to 2 years | Maximum $4,000 |
| Third or Subsequent DWI | Third-Degree Felony | 2 to 10 years | 180 days to 2 years | Up to $10,000 |
| DWI with Child Passenger | State Jail Felony | 180 days to 2 years | Up to 180 days | Up to $10,000 |
| DWI Resulting in Serious Injury (Intoxication Assault) | Third-Degree Felony | 2 to 10 years | 180 days to 2 years | Up to $10,000 |
| DWI Resulting in Death (Intoxication Manslaughter) | Second-Degree Felony | 2 to 20 years | 180 days to 2 years | Up to $10,000 |
How Local Courts Handle These Cases
First-Time DWI in Houston
In Harris County, most first-time DWI cases are handled in county criminal courts at law. These courts often have strict timelines, and many judges enforce conditions like bond supervision, drug testing, or ignition interlock devices. Prosecutors are trained to push for convictions—but that doesn’t mean the evidence is solid. We’ve handled DWI cases in every Harris County courtroom and know how to navigate the local system.
We also help clients request their ALR hearing within 15 days of arrest to fight the automatic license suspension. If you live in Houston, Cypress, Katy, or surrounding areas, we can often handle most of your case without requiring you to appear in court for every setting.
What People Need to Know
First DWI FAQ
Will I go to jail for a first DWI in Texas?
Jail time is possible, but many first-time DWI offenders don’t actually serve time if the case is handled properly. Texas law allows for probation or deferred adjudication in many cases, especially if your BAC was low and no accident occurred. In Harris County, we’ve had first-time DWI cases dismissed, reduced, or resolved with minimal penalties. Every case is different, so early legal action matters.
Can I keep my license after a DWI arrest?
Yes, but only if you act quickly. After a DWI arrest in Texas, you have 15 days to request an ALR hearing to challenge the license suspension. If you miss the deadline, your license may be suspended automatically—even before your court date. We handle these hearings and can often delay or stop the suspension completely.
Is a first DWI considered a felony in Texas?
No, a first DWI is usually charged as a Class B misdemeanor unless certain aggravating factors apply. If your blood alcohol content (BAC) was 0.15 or higher, it could be upgraded to a Class A misdemeanor. It becomes a felony only if you had a child passenger, caused serious injury, or have prior DWI convictions.
What happens at the first court date in Houston?
Your first court appearance—called an arraignment—will usually involve entering a plea and discussing bond conditions. If you’ve hired an attorney, we may be able to waive your appearance for some early court dates. We’ll also start the process of reviewing discovery, challenging evidence, and preparing your defense.
Will a DWI stay on my record forever?
A conviction for DWI will stay on your record permanently unless you qualify for a nondisclosure or expunction later. However, if your case is dismissed or you receive deferred adjudication and successfully complete it, we may be able to seal the record. We help clients across Houston clean up their records and move forward with peace of mind.
