If you were just arrested for your first DWI in Texas, you are probably sitting at home right now feeling scared, embarrassed, and overwhelmed. You may be wondering if you are going to jail, whether you will lose your license, and what this is going to mean for your job and your family. You are not alone. Thousands of Texans are arrested for a first-time DWI every year, and most of them are regular people with no criminal record who made one bad decision on one bad night.
At McCarty Larson, PLLC, we defend people across Ellis County, Johnson County, Tarrant County, and Dallas County who are facing their first DWI charge. We know how the system works, we know what prosecutors look for, and we know how to fight back. This guide will walk you through exactly what to expect after a first DWI arrest in Texas, what penalties you are facing, the critical deadlines you cannot afford to miss, and what defense options may be available.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
The Short Answer
A first DWI in Texas is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine, but the real consequences go far beyond that. You are fighting two separate battles at the same time: a criminal case in court and an administrative case with the Texas Department of Public Safety over your driver’s license. You have only 15 days from your arrest to request a hearing to save your license, and missing that deadline means automatic suspension. The good news is that most first-time DWI cases do not end with jail time, and with the right attorney, many result in reduced charges or dismissal.
What Happens Immediately After a First DWI Arrest
Understanding the timeline after your arrest is critical because there are deadlines that can make or break your case.
The Night of Your Arrest
After you are arrested, you will be taken to the county jail for booking. This process includes fingerprinting, photographing, and a formal intake. Most first-time DWI offenders are released within several hours after posting bail or being released on a personal recognizance bond. The bail amount for a first DWI in Texas typically ranges from $1,000 to $5,000, depending on the county.
At the time of your arrest, the officer will ask you to submit to a breath or blood test. What you did at this point matters significantly for your case.
If you took the test and blew 0.08 or higher, the officer will confiscate your license and issue a temporary driving permit that is valid for 40 days. If you refused the test, your license faces an automatic 180-day suspension under Texas implied consent law. Either way, a clock starts ticking the moment you are arrested.
The 15-Day Deadline You Cannot Miss
This is the single most important thing to know after a first DWI arrest in Texas. You have exactly 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. If you miss this deadline, your license will be automatically suspended with no opportunity to challenge it.
The ALR hearing is completely separate from your criminal case. It is a civil proceeding where your attorney can challenge the suspension and fight to keep your driving privileges. Even if you do not win the hearing, requesting it buys you additional time to drive legally while your criminal case moves forward.
This is one of the biggest reasons to contact an attorney immediately after a first DWI arrest. Many people do not learn about the 15-day rule until it is too late.
Criminal Penalties for a First DWI in Texas
A standard first offense DWI is classified as a Class B misdemeanor under Texas Penal Code Section 49.04. The potential penalties are more serious than most people expect.
The maximum criminal penalties include:
A fine of up to $2,000. Jail time ranging from 72 hours to 180 days. Community supervision (probation) for 12 to 24 months. A mandatory 12-hour DWI education program that must be completed within 180 days of sentencing. Community service hours, typically 24 to 100 hours. Possible installation of an ignition interlock device, which requires you to blow into a breathalyzer attached to your vehicle’s ignition before it will start.
What most first-time offenders actually face:
In practice, most people convicted of a first DWI in Texas receive probation rather than extended jail time. The mandatory minimum is 72 hours in jail, which many offenders serve as credit for time spent in custody the night of their arrest. Probation typically lasts 12 to 24 months and includes monthly check-ins with a probation officer, random drug and alcohol testing, probation fees, and compliance with all court-ordered programs.
However, probation is not guaranteed. The judge has full discretion, and factors like your BAC level, whether you were cooperative with police, and whether anyone was endangered can all influence the outcome.
When a First DWI Becomes Something Worse
Several circumstances can escalate a first-time DWI from a Class B misdemeanor to a much more serious charge.
BAC of 0.15 or Higher
If your blood alcohol concentration was 0.15 or above, which is nearly twice the legal limit, the charge is automatically enhanced to a Class A misdemeanor. This means the maximum fine increases to $4,000, maximum jail time increases to one year, and an ignition interlock device becomes mandatory. The enhanced charge also signals to the judge that you were significantly impaired, which can reduce sympathy during sentencing.
Open Container in the Vehicle
If an open container of alcohol was found in your vehicle at the time of your arrest, the mandatory minimum jail time increases from 72 hours to six days. This applies even if the container belonged to a passenger.
Child Passenger Under 15
If you had a child under 15 years old in the vehicle, the charge jumps immediately to a state jail felony, even on a first offense. A state jail felony carries 180 days to two years in a state jail facility and a fine of up to $10,000. The Texas Department of Family and Protective Services may also open an investigation, which could affect your custody and visitation rights in a separate proceeding.
Accident Causing Injury or Death
If your DWI resulted in serious bodily injury to another person, you face a third-degree felony charge of intoxication assault with two to ten years in prison. If someone died, you face a second-degree felony charge of intoxication manslaughter with two to twenty years in prison. These charges apply regardless of whether it is your first DWI.
What Happens to Your Driver’s License
Your driving privileges are attacked from two directions after a first DWI arrest, and understanding both is essential.
The Administrative Side (ALR)
The Department of Public Safety handles license suspensions separately from the criminal court. If you failed a breath or blood test (BAC of 0.08 or higher), your license faces a 90-day suspension. If you refuse the test, the suspension is 180 days. These suspensions begin 40 days after you receive the notice of suspension, unless you request an ALR hearing within 15 days.
The Criminal Court Side
If you are convicted of a first DWI, the court can order an additional license suspension of 90 days to one year. This is separate from and in addition to any ALR suspension. An ignition interlock device may be required as a condition of getting an occupational license, which allows you to drive to work, school, and essential appointments during the suspension period.
Getting Back on the Road
After your suspension period ends, you will need to pay a $125 reinstatement fee to the DPS and provide proof of financial responsibility by filing an SR-22 insurance certificate. Your auto insurance rates will increase significantly. Most drivers with a DWI conviction see their premiums double or triple, and the SR-22 requirement typically lasts for two years.
The True Cost of a First DWI
The $2,000 maximum fine is just the beginning. When you add up every expense associated with a first DWI conviction, the total financial impact often surprises people.
Court fines and fees can reach $2,000 or more. Attorney fees vary, but are a necessary investment in protecting your future. Bail bond costs typically run $100 to $500. The mandatory DWI education program costs $100 to $200. Probation fees run $60 to $100 per month for 12 to 24 months. Ignition interlock device installation and monthly monitoring costs $75 to $100 per month. Increased auto insurance premiums can add $1,000 to $3,000 per year for several years. The SR-22 filing fee is relatively small but triggers the insurance increase. Towing and vehicle impound fees from the night of your arrest. Lost wages from court appearances, probation appointments, and program requirements.
The total cost of a first DWI conviction in Texas commonly ranges from $10,000 to $25,000 when all expenses are included over the following two to three years.
How to Fight a First DWI in Texas
Being charged does not mean you will be convicted. A first DWI is one of the most defensible criminal charges in Texas because there are strict rules police and prosecutors must follow at every step. An experienced Texas DWI attorney can evaluate the facts of your case and determine whether any of the following defenses apply.
Challenging the traffic stop. Police must have reasonable suspicion to pull you over. Weaving within your own lane, driving slightly under the speed limit, or leaving a bar parking lot are not, by themselves, sufficient reasons for a stop. If the officer did not have a valid legal basis for the stop, everything that happened afterward may be thrown out.
Challenging field sobriety tests. The standardized field sobriety tests (walk-and-turn, one-leg stand, and horizontal gaze nystagmus) must be administered according to specific protocols. These tests are subjective, performed under stressful conditions, and can be affected by medical conditions, footwear, road surface, weather, and nervousness. If the officer deviated from proper procedures, the results can be challenged.
Challenging breath test results. Breathalyzer machines must be properly calibrated and maintained on a regular schedule. The operator must be certified. The test must be administered according to a specific protocol, including a 15-minute observation period. Machine malfunctions, improper calibration, and operator error are more common than most people realize.
Challenging blood test results. Blood draws must follow strict chain of custody procedures. The blood must be drawn by a qualified person, stored properly, and tested in an accredited lab. Contamination, fermentation, improper storage, or gaps in the chain of custody can all undermine blood test results.
Rising blood alcohol defense. Your BAC may have been below 0.08 while you were actually driving but rose above the legal limit by the time you were tested. Alcohol takes 30 to 90 minutes to fully absorb into the bloodstream, and this timing gap between driving and testing can be a valid defense.
Medical conditions. Conditions such as acid reflux (GERD), diabetes, and certain neurological conditions can produce falsely elevated breath test readings or mimic signs of intoxication during field sobriety tests.
Protecting Your Record After a First DWI
One of the most important things to understand about a first DWI in Texas is how it affects your criminal record going forward.
Texas does not allow deferred adjudication for DWI charges. Unlike most other criminal offenses, if you plead guilty or no contest to a DWI, you receive a final conviction. There is no option to complete probation and have the case dismissed. Learn more about how deferred adjudication works and why it matters that DWI is excluded.
A DWI conviction is permanent. Texas has no lookback period, which means a first DWI conviction will count against you forever if you are ever charged with DWI again. A second offense carries mandatory jail time and significantly harsher penalties.
Dismissal or acquittal can be erased. If your case is dismissed or you are found not guilty at trial, you may be eligible for expunction, which completely erases the arrest and charge from your record as if it never happened.
Some first-time offenders may qualify for pretrial diversion. Certain Texas counties offer pretrial diversion or intervention programs for first-time DWI offenders. These programs typically require substance abuse evaluation, treatment compliance, community service, and other conditions in exchange for having the charges dismissed. Availability and eligibility vary by county.
This is why fighting a first DWI charge is so important. A conviction stays with you permanently, but a dismissal can be completely erased.
How McCarty-Larson Can Help
At McCarty Larson, PLLC, our Texas DWI defense attorneys have defended hundreds of first-time DWI cases across North Texas. We know how to challenge every aspect of a DWI arrest and fight for the best possible outcome.
- We file your ALR hearing request within the 15-day deadline to protect your license
- We challenge the legality of the traffic stop and the arrest itself
- We examine breath and blood test procedures for errors and violations
- We file motions to suppress improperly obtained evidence
- We negotiate for reduced charges, dismissals, or pretrial diversion when available
- We take cases to trial when that gives you the best chance at a not guilty verdict
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Time is critical after a first DWI arrest. You have only 15 days to request an ALR hearing to save your license. Call McCarty Larson, PLLC today at (972) 775-2100 for a free consultation.
Frequently Asked Questions
The mandatory minimum is 72 hours in jail, but most first-time offenders receive credit for time served the night of their arrest and are placed on probation rather than sentenced to additional jail time. However, if aggravating factors are present, such as a BAC of 0.15 or higher or a child passenger, the penalties increase significantly and jail time becomes more likely.
Yes. First-time DWI cases can be dismissed if the traffic stop was illegal, if testing procedures were flawed, if the evidence is insufficient, or if your attorney successfully challenges the prosecution’s case. Some counties also offer pretrial diversion programs that result in dismissal upon successful completion.
A standard first DWI is a Class B misdemeanor. However, it becomes a felony if you had a child passenger under 15 in the vehicle (state jail felony), if you caused serious injury to someone (intoxication assault, third degree felony), or if someone died as a result (intoxication manslaughter, second degree felony).
A DWI conviction stays on your criminal record permanently. Texas does not allow expunction of DWI convictions. However, if your case is dismissed or you are acquitted, the arrest can be completely expunged from your record. Some first-time offenders who receive probation may be eligible to have their records sealed through a nondisclosure order under Texas law.
If the officer confiscated your license, you will receive a temporary driving permit valid for 40 days. If you request an ALR hearing within 15 days, you may be able to continue driving until the hearing takes place. If your license is ultimately suspended, you can apply for an occupational license that allows driving for essential purposes like work, school, and medical appointments.
The total cost of a first DWI conviction commonly ranges from $10,000 to $25,000 when you factor in fines, court costs, attorney fees, probation fees, DWI education programs, increased insurance premiums, ignition interlock costs, and lost wages. The financial impact extends over two to three years or longer.