First Offense DWI Penalties in Texas

Summary:

A first-offense DWI conviction in Texas carries severe legal, financial, and personal consequences that impact employment, driving privileges, and future opportunities. Under Texas Penal Code §49.04, drivers face criminal penalties even with a 0.08% BAC or observable impairment. Texas uniquely imposes Administrative License Revocation (ALR) penalties separate from criminal charges, requiring swift action to preserve driving rights. Commercial drivers, professionals with state-issued licenses, and those under 21 face enhanced scrutiny. High BAC levels (≥0.15%) trigger mandatory jail time and extended license suspensions under Texas Transportation Code §521.341.

What This Means for You:

• Immediate Action: Request an ALR hearing within 15 days of arrest (Texas Transportation Code §524.031) to prevent automatic license suspension. Submit written request to Texas DPS with your hearing fee ($375). Failure to act waives your right to contest suspension.
• Legal Risks: Class B misdemeanor charges (up to 180 days jail, $2,000 fine); enhanced to Class A if BAC ≥0.15% (up to 1 year jail, $4,000 fine). Mandatory 3-day jail term if open container in vehicle (Penal Code §49.04(c)).
• Financial Impact: Total costs average $10,000-$19,000 including attorney fees ($5,000-$15,000), ALR hearing fee ($375), court fines ($2,000+), driver’s license surcharge ($1,000-$2,000 annually for 3 years), and mandatory ignition interlock ($900+/year after 30-day suspension).
• Long-Term Strategy: Pursue deferred adjudication (if available) to potentially seal records via nondisclosure after probation completion (Texas Gov. Code §411.0735). Expect auto insurance increases (50%-100% for 3+ years) and mandatory SR-22 filings. Occupational licenses may preserve limited driving privileges during suspension.

Explained: First Offense DWI Penalties in Texas

Texas defines DWI (Driving While Intoxicated) under Penal Code §49.04 as operating a motor vehicle in a public place while having a blood alcohol concentration (BAC) of 0.08% or higher or lacking normal physical/mental faculties due to alcohol/drugs. Despite federal drunk driving prevention initiatives, Texas imposes stricter administrative penalties than most states through its ALR program (Texas Transportation Code Chapter 724). Minors may face separate DUI charges under §106 for any detectable alcohol under 21, while commercial drivers have a lower 0.04% BAC threshold.

Types of DWI Offenses:

Standard first-offense DWI is a Class B misdemeanor. Aggravating factors escalate charges: a BAC ≥0.15% becomes a Class A misdemeanor with mandatory minimum penalties (§49.04(d)). Driving with a passenger under 15 creates “DWI with Child Passenger” (state jail felony under §49.045). Texas also recognizes two distinct impairment categories: alcohol intoxication (BAC-based) and drug intoxication (requiring Drug Recognition Expert evaluation or blood toxicology). “BWI” (Boating While Intoxicated) follows similar penalties through Texas Parks & Wildlife Code §31.097.

Common Defenses for DWI:

Defense strategies focus on procedural violations and scientific reliability: challenging the initial traffic stop’s reasonable suspicion (Terry v. Ohio), disputing Standard Field Sobriety Test administration per NHTSA guidelines, or contesting blood/BAC test accuracy (chain of custody errors, machine calibration). The “rising blood alcohol” defense counters retrograde extrapolation claims when BAC was below 0.08% while driving. Defense attorneys frequently file motions to suppress evidence from warrantless blood draws under Missouri v. McNeely and Texas’ implied consent laws.

Penalties and Consequences of DWI Offenses:

Criminal penalties include 3-180 days jail (up to 1 year if BAC ≥0.15%), fines up to $4,000, and mandatory DWI education (12-hour course). Administrative penalties impose 90-day license suspension (180 days if BAC ≥0.15%) through ALR. All offenders must install ignition interlock devices for minimum six months if probation is granted. Collateral consequences include mandatory $1,000 annual surcharge for three years to maintain driving privileges (Texas Driver Responsibility Program). Commercial drivers face one-year CDL disqualification despite personal vehicle use under federal regulations (49 CFR §383.51).

The DWI Legal Process:

Texas DWI cases involve parallel tracks:

1. ALR Hearing: Separate civil proceeding before State Office of Administrative Hearings (SOAH) within 120 days of request. Success blocks license suspension.
2. Criminal Process: Arraignment → discovery review → pretrial motions (motion to suppress, motion in limine) → plea negotiations or trial. Prosecutors often offer reduced charges like Obstructing Highway (Class B misdemeanor) with weaker penalties. Trial conviction triggers mandatory sentencing within 20 days.

Choosing a DWI Attorney:

Select Texas Board of Legal Specialization-certified attorneys with 30%+ ALR dismissal rates. Local court experience is critical—Harris County courts have different procedures than rural jurisdictions. Fee structures ($4,000–$15,000) should include blood test retainer fees ($200–$500+) and expert witness coordination. Avoid attorneys offering “guaranteed dismissals” as Texas prosecutors rarely drop first DWI charges without procedural defects.

Other DWI Resources:

Texas DPS ALR Program Guide • Texas Law Help DWI Defense Overview

People Also Ask:

1. How long does a first DWI stay on your record in Texas?
DWI convictions remain permanently under Texas Penal Code §12.03. Unlike some states, Texas prohibits expungement following conviction (Code of Criminal Procedure Art. 55.01 allows expungement only if charges dismissed). Deferred adjudication participants may petition for nondisclosure after two years (modified by HB 3582) but exceptions apply if open containers or BAC ≥0.15% were present.

2. Can you get an occupational license after a first DWI in Texas?
Yes, but not immediately. File petition in county court after 30 days of suspension for standard cases (Texas Transportation Code §521.242). Courts typically grant occupational licenses for 12-hour periods to commute to work/school. Proof of SR-22 insurance and interlock installation (under §521.246) are mandatory. ALR hearing loss delays eligibility by 90 days.

3. Do you serve jail time for first DWI in Texas?
Jail is common but sometimes avoidable. Mandatory minimums apply for high BAC (§49.04(d)) and open container offenses. Most counties offer 24-72 hour jail alternatives through “weekender programs.” Judges frequently convert jail sentences to community service (24-100 hours) if probation is granted under Art. 42.12 §5(a).

4. How much does insurance increase after first DWI in Texas?
Average 80% rate hike ($1,700 → $3,100 annually) for three years (Texas Department of Insurance). Minimum SR-22 maintenance adds $274 annually for 35 months (Texas Financial Responsibility Certificate requirements). High-risk drivers may be dropped by carriers, forcing non-standard policy purchases.

5. Is DWI a felony in Texas first offense?
Standard first DWI is Class B misdemeanor. Felony charges apply only if intoxication caused accident with serious bodily injury (Intoxication Assault: 3rd-degree felony under §49.07) or death (Intoxication Manslaughter: 2nd-degree felony under §49.08).

Expert Opinion:

A first DWI arrest demands immediate action due to Texas’ bifurcated legal process and irreversible license suspensions. Specialized defense counsel should be engaged within 72 hours to challenge probable cause documentation and initiate ALR discovery. Failure to contest administrative penalties guarantees driving privilege loss regardless of criminal case outcomes.

Key Terms:

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• Can I get deferred adjudication for DWI Texas
• Texas Occupational Driver License eligibility
• How to fight ALR suspension first DWI
• Texas DWI mandatory jail time open container
• Cost of ignition interlock device in Texas

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