A first-time DWI charge in Texas is a Class B Misdemeanor. The maximum fine is $3,000.00, and the maximum jail sentence is 6 months. A conviction for Driving While Intoxicated is permanent, and will show up on background checks forever. Loss of driving privileges and travel restrictions are also consequences of DWI charges in Texas.
Texas DWI charges are enhanced by certain factors like a blood alcohol concentration of 0.15, injury, age of passengers, and the presence of open containers in the vehicle. Enhanced DWI charges result in harsher penalties, including longer terms in jail or prison, thousands of dollars in fines, and the loss of basic constitutional rights like travel and the ability to own and possess firearms in Texas.
TEXAS DWI KEY TAKEAWAYS:
- A DWI 1st Charge in Texas carries severe financial, legal, and professional consequences.
- Texas law mandates a minimum jail sentence of 72 hours for a first DWI offense, with probation as an alternative under strict conditions.
- A DWI first offense immediately results in a driver’s license suspension for refusal of the Texas Implied Consent law or failure due to an illegal blood alcohol concentration.
- Judges impose strict conditions of bond requiring ignition interlock devices, zero tolerance for alcohol, and drug testing.
- DWI charges can be challenged and beaten in Texas. You can’t win if you don’t fight.
WHAT IS DWI IN TEXAS PENAL CODE?
The definition of DWI in the Texas Penal Code is described in Section 49.04:
Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
- What is the definition of intoxicated in Texas law? Texas Penal Code chapter 49.01 defines intoxication as not having the normal use of mental or physical faculties because of the introduction of alcohol, a controlled substance, a dangerous drug, a combination of two or more substances, or any other substance into the body OR having an alcohol concentration of 0.08 or more.
DWI first offense in Texas can be elevated from a misdemeanor to a felony if children are present as passengers or if there is an accident causing serious bodily injury or death. Learn more about felony DWI charges here.
WHAT HAPPENS WITH FIRST DWI IN TEXAS?
After being arrested for DWI, defendants see a magistrate judge. The magistrate judge sets a bond amount, and decides whether there will be additional conditions of release. For DWI cases, additional bond conditions often consist of drug testing, ignition interlock or SCRAM devices.
It is important to maintain compliance with all pretrial bond conditions while the DWI case is pending in court. DWI cases typically take months to resolve, and involve many court appearances.
- How much is bail for DWI in Texas? Bond for first-time offenders with no criminal history is typically set between $1,500.00 – $10,000.00. Defendants have the option of paying a Cash Bond or working with a bail bond company or an attorney to post a Surety Bond. Additionally, defendants that qualify may apply for a Personal Recognizance (PR) bond. PR bonds often come with extra conditions. Learn more about bail and bond for DWI cases here.
- What to expect with the first DWI in Texas? Defendants should expect delay, frustration, and being treated like you are already guilty. Judges and prosecutors are jaded in Texas courts. It is important to remain steadfast and exercise your powerful constitutional rights while forcing the prosecutors to meet their burden of proof. There are often probable cause issues with even the most routine case. It is always worth fighting a DWI charge in Texas.
DO YOU LOSE YOUR DRIVER’S LICENSE FOR FIRST DWI IN TEXAS?
DWI convictions result in driver’s license suspensions. Additionally, at the beginning of a DWI case, the Texas Department of Public Safety (DPS) imposes a suspension through Administrative License Revocation (ALR). The ALR suspension is triggered by refusal, in violation of the Texas Implied Consent law, or by failing a blood test or breath test at the time of arrest. ALR suspensions may be contested by filing a timely request within 15 days.
- Do they take your license with a DWI in Texas? Yes, law enforcement officers sometimes confiscate driver’s licenses after DWI arrests. While suspension action from the Texas Department of Public Safety is imminent, Texans are able to request a replacement license immediately through Texas DPS online.
- Does Texas suspend licenses for DWI? Yes. Texas suspends driving privileges for motorists charged with DWI. Commercially licensed drivers face especially harsh penalties. Occupational licenses are available to all Texas drivers during periods of suspension. Learn more about Occupational licenses here.
- What to Do in Your First DWI Case Hiring an experienced Texas DWI lawyer is the first and most important thing to do after a DWI charge in Texas. It is critical to immediately assert powerful constitutional rights, request an ALR hearing, and begin the process of discovery and disclosure pursuant to chapter 39.14 of the Texas Code of Criminal Procedure, also known as the Michael Morton Act.
CHARGES AND PENALTIES FOR 1st OFFENSE DWI IN TEXAS
Texas has strict DWI laws with severe consequences. Under Texas law, first-time DWI charges are Class B misdemeanors, but can be enhanced up to a first degree felony depending on the circumstances.
- DUI – Class C misdemeanor DUI is a Class C misdemeanor only applicable to minors under 21. Penalties include a fine up to $500, no jail time, permanent criminal conviction, court ordered classes and community service, and a driver’s license suspension.
- DWI First Offense – Class B misdemeanor DWI with breath or blood under 0.15, or no breath or blood at all. Penalties include a fine up to $3,000, 180 days in county jail, permanent criminal conviction, court ordered classes and community service, alcohol monitoring devices, and a driver’s license suspension.
- DWI First Offense 0.15+ – Class A misdemeanor DWI with breath or blood at or over 0.15. Penalties include a fine up to $6,000, 365 days in jail, permanent criminal conviction, court ordered classes and community service, alcohol monitoring devices, and a driver’s license suspension.
- DWI with Open Container Driving While Intoxicated with an Open Container of alcohol. Penalties include a fine up to $6,000, 365 days in jail, permanent criminal conviction, court ordered classes and community service, alcohol monitoring devices, and a driver’s license suspension. 6 day jail requirement.
- DWI with Child Passenger – State Jail Felony State Jail Felony due to impaired driving with child passenger under 15 years old. Penalties include a fine up to $10,000, 24 months in a Texas State Jail facility, permanent criminal conviction, permanent convicted felon status, court ordered classes and community service, alcohol monitoring devices, driver’s license suspension, and loss of constitutional rights due to felony conviction.
- DWI with Serious Bodily Injury – Intoxication Assault – Felony Third degree felony due to Serious Bodily Injury (SBI) that can be enhanced to a first degree depending on the victim. Penalties include a fine up to $10,000, 5 year minimum to 99 years in Texas Department of Criminal Justice facility prison, permanent criminal conviction, permanent convicted felon status, court ordered classes and community service, alcohol monitoring devices, driver’s license suspension, and loss of constitutional rights due to felony conviction.
DRIVING WHILE INTOXICATED IN TEXAS LAWS
Texas has some of the strictest drunk driving laws in the nation. Everyone facing a DWI charge in Texas is facing jail time. Jail time is not mandatory for all first-time DWI defendants in Texas. First-time DWI charges start at the msidemeanor level in Texas, but aggravating factors can raise the charge to a felony DWI.
- What is the typical punishment for DWI in Texas? The typical punishment for DWI in Texas varies by the jurisdiction. Comal County, Texas for example, has a harsh, inflexible policy for DWI prosecutions, where many first-time offenders go to jail as a condition of probation. Whereas Texans facing first-time DWI charges in Houston have a better chance of obtaining a more favorable outcome. Similarly, Austin DWI charges have a better chance for positive resolution.
- Is jail mandatory for first-time DWI in Texas? Yes, 72 hours in jail is a mandatory punishment for Class B misdemeanor DWI charges in Texas. There is no jail requirement for DWI 0.15+ charges though they are Class A misdemeanors, and thus legally more serious. DWI with Open Container charges have a 6-day jail requirement.
- What do first-time DWI offenders face in Texas? First-time DWI offenders face a lengthy, expensive process, with severe penalties, and potentially devastating personal and professional consequences. DWI penalties in Texas are severe. It is important to consider the cost of a DWI in Texas when making decisions about your case.
IS A DWI A FELONY IN TEXAS?
DWI is not a felony in Texas. First-time DWI charges in Texas are classified as Class A or B misdemeanors depending on a person’s blood alcohol concentration (BAC). DUI in Texas is a Class C misdemeanor only applicable to minors. DWI can only be charged as a felony after two prior convictions.
- What are the penalties for a DWI in Texas? The serious and severe penalties for DWI in Texas vary depending on a number of variables including the charge level, the case facts, and criminal history. Everyone facing a DWI charge in Texas is facing jail time. Read more about Texas DWI penalties.
CONSEQUENCES FOR DWI FIRST IN TEXAS
Consequences for DWI 1st in Texas are serious and can have a negative impact on your personal and professional life. Here are the 5 big consequences for DWI in Texas:
- DWI charges are costly. Representation and court fees can exceed $10,000, but that is a fraction of the cost of conviction and incarceration.
- DWI first charges come with up to 1 year in jail time for everyone.
- DWI arrests show up on background checks for school and work.
- DWI convictions are permanent and show up on your record forever.
- DWI charges come with a driver’s license suspension.
CAN A DWI BE DISMISSED IN TEXAS?
DWI 1st charges can be dismissed by challenging the State’s evidence. Prosecutors must prove every element of the Driving While Intoxicated charges beyond a reasonable doubt in order to meet the legal burden of proof. Challenging the traffic stop, probable cause interpretations from field sobriety tests, and the accuracy of breath testing and bloodtesting is a critical and important part of getting a first-offense DWI dismissed in Texas.
- Can a DWI in Texas be reduced? Yes – it is possible to reduce a Class A misdemeanor DWI to a Class B misdemeanor DWI by challenging the accuracy of the breath or blood test. It is always worth fighting a DWI in Texas.
- Can you get deferred on a DWI in Texas? Yes – Deferred Adjudication is a possible legal outcome for Texans facing first-time DWI charges. There are strict qualifications for Deferred Adjudication. Deferred Adjudication is a way to do probation while still avoiding a final conviction. Read more about Deferred Adjudication for DWI in Texas.
- What is the best outcome for first-time DWI in Texas? Dismissal is the best outcome for all first-time DWI charges. You can’t win if you don’t fight. Learn more about how to challenge evidence and beat a DWI in Texas.
HOW DO I GET MY DWI DISMISSED IN TEXAS?
Hiring experienced Texas DWI lawyers with a track record of success in the single best way to get a DWI dismissed. Chances of DWI dismissal for first-time offenders are significantly increased by having competent counsel to request, review, and challenge evidence. Even tough cases can be won.
- How can an attorney help me with my first DWI in Texas? A top-rated DWI attorney can level the playing field in a DWI case. The best DWI lawyers work to shield clients from the harmful professional and personal consequences of a criminal prosecution. Three important things DWI attorneys do for clients in every case:
- Texas DWI lawyers make legal arguments to the judge to exclude certain evidence which can result in reductions and dismissed charges.
- Texas DWI lawyers investigate witnesses to be sure they are trustworthy, discovering and exploiting any instances of misconduct or bias.
- Texas DWI lawyers can expertly apply and explain the law and legal process so clients make the best and most informed decisions for their case, their families, and the future.
The advocates at Trey Porter Law have over 40 years of combined experience in every facet of criminal law. TPL has a reputation for getting great results in the toughest situations. The team at Trey Porter Law is committed to obtaining the best outcome in every case, every time, while working diligently to protect clients’ livelihoods and preserve their quality of life.
DO YOU GET PROBATION FOR FIRST DWI IN TEXAS?
Yes – probation is possible for every person charged with DWI in Texas. However, the ultimate decision on probation is always up to a judge or jury. There is never a guarantee of probation for DWI 1st in Texas.
- How long is probation for first-time DWI in Texas? The maximum period of probation for DWI first-offense is 24 months in Texas. Judges have full discretion over probation and can modify the term and conditions at any time.
HOW MUCH IS THE FIRST DWI IN TEXAS?
The cost of a first-time DWI in Texas is impossible to calculate. It costs a few hundred dollars in Texas to go to court for DWI. Court costs are not the only expense, however. Legal, pretrial, probation, and insurance expenses can easily top $15,000. You cannot put a price on avoiding jail and avoiding a permanent conviction. It is always worth fighting a DWI charge in Texas.
- For students – DWI charges can negatively impact college admissions and scholarship consideration. Most college and university admissions offices request disclosure of criminal arrests and convictions for incoming students.
- For professionals – DWI charges show up on professional background checks for work and security clearances. DWI charges can prohibit professional development from the military to fields requiring professional licenses like nurses,teachers, and financial professionals.
WHAT IS THE NEW TEXAS DWI LAW?
The Texas legislature regularly updates the DWI laws in the Texas Penal Code. While there is no new DWI law for first-time offenders, review the TPL DWI FAQ section for the most up to date information regarding DWI and DUI laws in Texas.
DUI FIRST OFFENSE IN TEXAS
Driving Under the Influence is a Class C misdemeanor in Texas only applicable to minors under 21. The terms DUI and DWI in Texas are used interchangeably in conversation, but they are very different criminal charges.
- What are the consequences and penalties for a DUI first in Texas? DUI 1st is a Class C misdemeanor with a maximum fine of $500. Punishment can also include a driver’s license suspension, court-ordered classes, and community service.
- Can you get probation for DUI 1st in Texas? Yes – unsupervised probation is available through the legal process of deferred disposition in Texas for minors under 21 charged with DUI. Deferred disposition can be a powerful result allowing for the avoidance of a conviction.
- What is a DUI? The definition of DUI in the Texas Alcoholic Beverage Code is described in Section 106.041:
Texas Alcoholic Beverage Code § 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR.
(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.
(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
DUI VS DWI IN TEXAS
Dui is a class C misdemeanor for minors under 21 in Texas. DWI is a Class B misdemeanor for adults over 21. Minors can be charged as adults. Adults can never be charged as minors. There are many differences between DUI and DWI in Texas law.
- First DWI in Texas dismissed: the best way to get a DWI charge in Texas dismissed is to request and review the evidence under the scrutiny of Texas law. DWI charges can be beaten by forcing the prosecutors to prove the case beyond a reasonable doubt. Any technical error or police officer error can cause a prosecution to fall apart. It’s always worth fighting a DWI in Texas.
- First DUI in Texas dismissed: the best way to get a DUI charge in Texas dismissed is to hire an experienced DUI lawyer. Minors under 21 should never be forced to live with a criminal conviction for one innocent mistake. Underage drinking charges can have long-lasting, adverse effects and must be avoided at all costs.
TEXAS ALCOHOL LAWS
Texas has strict alcohol laws regarding the sale and point of purchase to open containers in a vehicle to drunk driving. The legal alcohol limit differs between the offenses of DWI, DUI, and Public Intoxication. The Texas Implied Consent Law is something all Texans are subject to, yet few know about. Learn more about the Texas Implied Consent law here.
- What is the legal alcohol limit in Texas? The legal alcohol limit for driving in Texas is 0.08. This limit is applicable to adults over 21 years old. Police officers will often request blood specimens to confirm motorists are under this legal limit. Blood warrants can be ordered by a judge if a driver refuses in violation of the Texas Implied Consent Law.
- What is the BAC limit in Texas? The blood alcohol concentration limit is 0.08 for adults and 0.00 for minors in Texas. This is one of the main differences in DWI and DUI in Texas.
HOW LONG DOES DWI STAY ON YOUR RECORD IN TEXAS?
Forever. DWI charges stay on the record forever in Texas. Even if the case was closed and there’s no conviction, the records of the arrest and prosecution remain forever. Some DWI cases can be sealed through a nondisclosure or deleted altogether through the powerful process of expungement.
GETTING HELP WITH YOUR DWI 1ST OFFENSE CASE
The stakes are high in DWI cases. Every person facing a DWI 1st charge in Texas is facing jail time, loss of income, and permanent personal and professional consequences. Trey Porter Law is an award-winning, perennially recognized defense firm with over 40 years of combined courtroom experience. TPL has a hard-earned reputation of winning dismissals for Texans facing DWI charges. Start your defense today.
