What Is the Punishment for a First DWI in Texas?
A first-time DWI in Texas is a serious criminal charge that can affect your freedom, finances, driving privileges, and future opportunities.
Even though it’s considered a misdemeanor in most cases, the courts and penalties can be harsh, and many people are surprised to learn how quickly a first DWI can spiral into long-term consequences.
When it comes to DWI or DUI, Texas doesn’t play around. The state means business.
Below is a detailed breakdown of what you can expect under Texas law, what factors can make the punishment more severe, and how an experienced DWI attorney can help protect your future.
Texas Law on First-Time DWI (Driving While Intoxicated)
Under Texas Penal Code §49.04 Intoxication and Alcoholic Beverage Offenses, a person commits DWI if they operate a motor vehicle in a public place while:
- Having a blood alcohol concentration (BAC) of 0.08 or higher, or
- Lacking the normal use of their mental or physical faculties due to alcohol or drugs.
A first DWI is typically charged as a Class B misdemeanor, but several factors can enhance the penalties.
Penalties for a First DWI in Texas
1. Jail Time
Even for a first offense, Texas law sets mandatory jail exposure:
- Minimum: 72 hours (3 days)
- Maximum: 180 days in the county jail
If there was an open container of alcohol in the vehicle, the minimum increases to 6 days.
2. Fines
A first DWI carries:
- Up to $2,000 in criminal fines
- Plus state-imposed surcharges of up to $3,000 (ofentimes called “superfines”), depending on BAC levels
This means the total financial impact can easily exceed $5,000 to $7,000 before even considering court fees, probation, or license costs.
3. Driver’s License Suspension
The Texas Department of Public Safety (DPS) can suspend your license for:
- 90 days to 1 year
This suspension can happen separately from the criminal case through a process called an ALR (Administrative License Revocation). If you refused a breath or blood test, the suspension can be even longer.
4. Ignition Interlock Device
Many first-time DWI defendants are required to install an ignition interlock device (IID) which is breathalyzer attached to your car’s starter. If you drink and try to drive your car won't start, the action will also be recorded.
A judge may order an IID as a condition of:
- Bond (release from jail)
- Probation
- Deferred adjudication (when available)
IIDs typically cost from $70 to $100 per month plus installation fees.
5. Probation
Most first-time offenders avoid jail by receiving community supervision, usually lasting 12 to 24 months.
Probation may often include:
- Reporting to a probation officer
- DWI education courses
- Community service
- Random alcohol/drug testing
- Victim impact panel
- Maintaining an IID
- Fees and court costs
Violating probation can result in jail time.
6. Criminal Record
A DWI conviction in Texas does not automatically go away. It becomes a permanent criminal record that:
- Shows up on your background checks
- Can impact employment opportunities
- Affects professional licenses
- Can increase penalties for any future DWI charges if you break the law again
In some cases, expunction or nondisclosure may be possible, however only under specific circumstances.
Enhanced Penalties for a First DWI
A first DWI can become more serious if certain aggravating factors are present:
High BAC of 0.15 or Above
- The charge becomes a Class A misdemeanor
- Maximum jail time increases to 1 year
- Maximum fine increases to $4,000
- IID is usually mandatory
DWI With a Child Passenger
- Charged as a state jail felony
- 180 days to 2 years in state jail
- Up to $10,000 fine
Accidents Involving Injury or Death
If intoxication causes injury or death, charges escalate to felonies such as:
- Intoxication assault
- Intoxication manslaughter
Penalties can include multi-year prison sentences.
How an Expert Texas DWI Attorney Can Help
A DWI charge does not automatically mean a conviction. A skilled attorney can help by:
- Challenging the traffic stop
- Questioning the reliability of breath or blood tests
- Reviewing video footage for inconsistencies
- Fighting the ALR license suspension
- Negotiating for reduced penalties or dismissal
- Exploring deferred adjudication or nondisclosure
For many people, the difference between a conviction and a favorable outcome comes down to the quality of their legal defense.
Facing a First DWI in Texas? We can help.
A first-time DWI and DUI carries serious consequences, but you don’t have to face them alone. At Blizzard & Zimmerman Attorneys, we help clients across the Abilene area and west Texas protect their rights, minimize penalties, and fight for the best possible outcome.
If you’re ready to discuss your case, we’re here to help.
Contact Jacob Blizzard, a dedicated specialist Abilene DWI attorney, for a confidential consultation today at (325) 326-5962. Let us help you navigate this difficult time and work to protect your future.
