DUI Laws in Texas First Offense

Summary:

A first-time DWI (Texas uses “DWI” instead of “DUI” for adults aged 21+) in Texas carries immediate criminal, administrative, and financial consequences. Drivers face jail time, fines, license suspension, and long-term impacts on employment, insurance rates, and professional licensing. Due to Texas’ zero-tolerance policy for minors and BAC thresholds of 0.08% (adults) or 0.15% (enhanced penalties), even first offenses require aggressive defense strategies to challenge probable cause, testing accuracy, or arrest procedures. Small businesses with driving-based employees are particularly vulnerable to operational disruptions from license suspensions.

What This Means for You:

• Immediate Action: Request an ALR (Administrative License Revocation) hearing within 15 days of arrest (Texas Transportation Code § 524.022) to prevent automatic license suspension. Refuse field sobriety tests (legal under Texas law), but note that refusing a breath/blood test triggers a 180-day license suspension (Texas Penal Code § 724.035).
• Legal Risks: A first-offense DWI is typically a Class B misdemeanor (up to 180 days jail, $2,000 fine). If BAC ≥ 0.15%, it escalates to a Class A misdemeanor (up to 1 year jail, $4,000 fine). Additional penalties include a 90-day to 1-year license suspension and mandatory DWI education programs (Texas DPS).
• Financial Impact: Expect $4,000–$12,000+ in total costs: $2,000–$4,000 fines, $1,000–$3,000 license reinstatement fees, $2,000/year insurance increases, $900 DWI intervention program fees, and ignition interlock installation ($100/month).
• Long-Term Strategy: Pursue occupational licenses for limited driving privileges. Seek expunction only if charges are dismissed (Texas DWI convictions are permanent barring rare exceptions). After 2+ years, explore nondisclosure to seal records under Texas Government Code § 411.0731.

Explained: DUI Laws in Texas First Offense:

Legal Definition: Under Texas Penal Code § 49.04, a DWI occurs when a person operates a motor vehicle in a public place while intoxicated (BAC ≥ 0.08% or loss of normal mental/physical faculties). Minors (

Types of DUI Offenses:

Standard First-Time DWI: BAC 0.08–0.14% (Class B misdemeanor). Enhanced DWI: BAC ≥ 0.15% (Class A misdemeanor, mandatory ignition interlock). DWI with Child Passenger: State Jail Felony (180 days–2 years jail). Intoxication Assault/Manslaughter: Felony charges apply if accident causes injury/death. Minors (

Common Defences for DUI:

Illegal Traffic Stop: Challenge if police lacked reasonable suspicion (e.g., improper lane changes under Texas Transportation Code § 545.060). Testing Errors: Attack breathalyzer calibration (per Texas Administrative Code § 19.3) or blood sample chain-of-custody flaws. Rising BAC: Argue BAC was below 0.08% while driving but increased post-arrest. Medical Conditions: Diabetes or GERD may mimic intoxication signs or skew breath tests.

Penalties and Consequences of DUI Offenses:

Criminal: Class B misdemeanor penalties (3–180 days jail, $2,000 fine) increase to Class A for high BAC. Administrative: 90-day license suspension; refusal extends to 180 days. Collateral: 3–5 years of SR-22 insurance ($500+/year premiums), mandatory 12-hour DWI education, and optional but court-favored ignition interlocks ($100 installation + $80/month).

The DUI Legal Process:

Arrest & Booking: Typically involves field sobriety tests (FSTs), breathalyzer request, and jail processing. ALR Hearing: Separate civil proceeding to contest license suspension via DPS. Criminal Arraignment: Formal charges filed within 30 days. Pre-Trial: Negotiate plea deals (e.g., reduced reckless driving) or file motions to suppress evidence. Trial: Bench/jury trial if no plea is reached, with possible appeal. Sentencing: Judge imposes penalties, often including probation or community service.

Choosing a DUI Attorney:

Select a Texas Board of Criminal Law-certified attorney with specific first-offense DWI experience. Verify their ALR hearing win rate, familiarity with local courts (e.g., Travis County vs. Harris County protocols), and cross-examination skills for technical evidence (blood draws, Breathalyzer logs). Prefer flat fees ($2,500–$5,000) over hourly billing.

Other DUI Resources:

Texas Department of Public Safety (DPS): ALR Hearing Guidelines.
Texas Department of Licensing and Regulation (TDLR): Approved DWI Education Programs.

People Also Ask:

1. Is a DWI a felony in Texas for a first offense?
No, unless aggravating factors exist (child passenger, BAC ≥ 0.15% + accident, or intoxication assault). Standard first-time DWI is a misdemeanor.

2. Can you get deferred adjudication for DWI in Texas?
No. Texas Code of Criminal Procedure Art. 42A.102 prohibits deferred adjudication for DWIs. Probation is possible but counts as a conviction.

3. How long does a first DWI stay on your Texas record?
Permanently unless sealed via nondisclosure (only eligible if BAC

4. Do you go to jail for a first DWI in Texas?
Jail is possible (3–180 days), but judges often impose probation. Minimum 72 hours confinement if open container was present (§ 49.04(c)).

5. Can a Texas first DWI be dismissed?
Yes, if evidence is suppressed or the State lacks proof. However, dismissals are rare without procedural errors. Plea bargains to “obstruction of highway” are more common.

Expert Opinion:

Texas rigorously enforces DWI laws, and even first offenses trigger cascading penalties that jeopardize employment, residential stability, and financial health. An experienced attorney is critical to contest ALR suspensions and challenge the State’s evidence before plea deadlines lapse.

Key Terms:

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