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What Are the Penalties for a First-Time DWI in Texas?

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If you’ve been arrested for driving while intoxicated (DWI) in Texas and this is your first offense, you might be wondering: how serious are the penalties really? Even for a first-time offender, the legal consequences in Texas are no small matter—and they can impact your freedom, your finances, your job, and your future.

Below, we break down the real penalties you could be facing and why speaking to a Texas DWI defense attorney immediately is critical to protecting your rights.

Criminal Penalties for a First-Time DWI

Under Texas Penal Code § 49.04, a first DWI is usually charged as a Class B misdemeanor, but certain factors can quickly elevate the severity of your case.

Standard First-Time DWI:

  • Jail Time: Minimum of 72 hours up to 180 days in county jail

  • Fine: Up to $2,000

  • License Suspension: Up to 1 year

  • DWI Surcharge (repealed but replaced with higher fines): Expect court costs and probation fees

If Your BAC Is 0.15 or Higher:

  • Charge becomes a Class A misdemeanor

  • Jail time can increase up to 1 year

  • Fine can rise to $4,000

Administrative Penalties

In addition to criminal penalties, a first-time DWI arrest triggers administrative penalties through the Texas Department of Public Safety (DPS). You may face an Administrative License Revocation (ALR) if you:

  • Refused a breath or blood test: 180-day license suspension

  • Failed a breath or blood test (BAC over 0.08): 90-day suspension

You only have 15 days from the date of arrest to request a hearing to challenge the license suspension. If you miss this deadline, your license will be automatically suspended—even if you’re never convicted.

Other Consequences

A DWI conviction isn’t just about jail time and fines. It can affect:

  • Auto insurance (your rates may skyrocket or coverage may be dropped)

  • Employment (especially if you drive for work or hold a professional license)

  • Education (college disciplinary actions or loss of scholarships)

  • Reputation (public record, online mugshots, background checks)

Even as a first offense, the ripple effect of a DWI conviction can follow you for years.

Defending Against a First DWI

Just because you were arrested doesn’t mean you’ll be convicted. A skilled defense attorney can review the details of your stop and arrest and challenge the following:

  • Unlawful traffic stop

  • Improperly conducted field sobriety tests

  • Faulty or inaccurate breathalyzer or blood test

  • Lack of probable cause to arrest

In some cases, the charges can be reduced, dismissed, or you may qualify for deferred adjudication or pretrial diversion programs.

Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Don’t underestimate a first-time DWI in Texas. It can affect every area of your life, and the clock is ticking on your right to fight back. The Law Office of Alex Tyra, P.C. is here to provide aggressive legal representation, protect your license, and work for the best possible outcome in your case. Call (903) 753-7499 now for your free consultation and take the first step toward putting this behind you.