Getting a DWI in the Lone Star State can destroy your life — even a DWI first offense in Texas can come with jail time and permanent consequences for your future. If this is your first time being arrested, your head is probably spinning with questions. Is jail time mandatory for first DWI in Texas? Is it possible to get a DWI dismissed? How much does a DWI lawyer cost?
Answers to these questions are only the tip of the legal and bureaucratic iceberg, underneath which lies the potential damage to your future and the incredibly tough Texas court system. This is why it’s almost impossible to get through DWI charges alone, and you need a trusted advocate in your corner.
Keep reading to learn all about handling a first offense DWI in Texas, or call Smith & Vinson today at 512-368-9044 and start building your defense.
What happens on your first DWI in Texas?
If you’re reading this, you’ve likely already been arrested. The clock may already be ticking on your license, and you need to start building your defense, but the process of being charged with a first DWI in Texas typically looks something like this:
- Initial traffic stop. Law enforcement must have reasonable suspicion to pull you over and probable cause to arrest you.
- Field sobriety tests (SFSTs) and blood alcohol (BAC) testing. SFSTs and BAC tests are two of the most common ways in which police attempt to gather evidence of your intoxication.
- Custody and booking. If you are determined to be intoxicated, you’ll be taken into custody.
- Vehicle impoundment. Your car will likely be towed and impounded, resulting in additional fees.
- License suspension. You only have 15 days to request an ALR hearing to save your license from suspension, independently of your criminal case.
While this process is largely something you don’t have much choice in, there are a few ways in which you can set yourself and your DWI attorney up for success in the future. The number one thing you can do is keep quiet and call your Austin DWI lawyer as soon as possible.
What happens in a first court date for DWI in Texas?
Your first court appearance, also known as your arraignment, will typically be scheduled within a few weeks of your arrest and usually involves the following elements:
- The judge will formally charge you with DWI, inform you of your rights, and ask you to enter a plea.
- The court will confirm that you have some form of legal representation, whether that be a private attorney or a court-appointed lawyer.
- The judge will set your bail conditions, if applicable.
- Any restrictions on driving, alcohol consumption, or travel will be imposed.
- Dates for discovery and other relevant proceedings will be set.
Whatever you do, do not go into your first court date for DWI without a skilled DWI attorney in your corner. The facts of the case will determine what plea you need to enter, and what you’ll be asking the judge for as far as next steps — your attorney might already know that going to trial isn’t necessary, and your case could end before it starts, but you’ll never know that without an experienced DWI lawyer by your side.
When is a first offense DWI a felony?
While a standard first-offense DWI in Texas is typically classified as a Class B misdemeanor, there are a number of circumstances that can elevate it to a felony charge, carrying much more severe penalties:
- DWI With Child Passenger. If you're arrested for DWI with a passenger under 15 years of age in your vehicle, the charge is automatically elevated to a state jail felony, regardless of whether it's your first offense.
- Intoxication Assault. If you cause serious bodily injury to another person while driving intoxicated, you can be charged with Intoxication Assault, a third-degree felony.
- Intoxication Manslaughter. If someone dies as a result of your intoxicated driving, you can be charged with Intoxication Manslaughter, a second-degree felony.
- High BAC levels. While not always a felony, having a BAC of .15% or higher will immediately aggravate your DWI, increasing potential fines and jail time for any DWI charge.
It's important to note that even if your first DWI is charged as a misdemeanor, any subsequent DWI offenses will be enhanced after a first conviction. Making it just as important to fight first-offense DWIs tooth-and-nail.
Can you get DWI first offense Texas probation?
Yes, probation (officially called "community supervision" in Texas) is often available for first-time DWI offenders. For many first-time offenders without aggravating circumstances, probation is a preferable alternative to jail time.
If granted probation, you'll be released under supervision for a pre-determined period (usually between six months and two years for a first DWI offense). During this time, you must comply with any conditions set by the court, which often include:
- Regular meetings with a probation officer
- Random drug and alcohol testing
- Completion of a DWI education program
- Community service hours (typically 24 – 100 hours)
- Installation of an ignition interlock device on your vehicle
- Payment of fines and court costs
- Maintaining employment or enrollment in school
Probation for a first DWI offense can be either "straight probation" (wherein you plead guilty and receive probation instead of jail time) or "deferred adjudication" (wherein the court defers finding you guilty while you complete probation requirements).
Deferred adjudication allows first-time offenders to avoid conviction and eventually qualify for record sealing under certain circumstances.
What is the minimum sentence for a DWI in Texas?
Although charges for DWI are always serious in the Lone Star State, Texas DWI penalties run the gamut. In general, penalties for felony and aggravated DWI are going to be much higher than those for first-timers and misdemeanor offenders.
Offense | Charge | Fine | Jail time |
DUI* | Class C misdemeanor | Up to $500 | N/A |
First-offense DWI | Class B misdemeanor | Up to $2,000 | 3 – 180 days |
Second-offense DWI | Class A misdemeanor | Up to $4,000 | 30 days – 2 years |
Third- or fourth-offense DWI | Felony charge | Up to $10,000 | 2 – 10 years |
First-time DWI with BAC > .15% | Class A misdemeanor | Up to $4,000 | Up to 1 year |
DWI With Child Passenger | State jail felony | Up to $10,000 | 180 days – 2 years |
Intoxication Assault | Third-degree felony | Up to $10,000 | 2 – 10 years |
Intoxication Manslaughter | Second-degree felony | Up to $10,000 | 2 – 20 years |
Like we said, even after completing all court-ordered penalties, a DWI conviction remains on your criminal record permanently in Texas, which means all subsequent charges or convictions become much more severe.
*Continue reading about the difference between DWI and DUI in Texas
Chances of dismissal of a DWI in Texas
The likelihood of having a first-offense DWI case dismissed in Texas depends on the circumstances of your arrest and the quality of your DWI lawyer. In general, dismissals for DWI are totally possible, but you’ve got to hire the best lawyer you can find if you want a chance.
How to get your first DWI in Texas dismissed
While the exact strategy your attorney will use to fight your DWI will depend on the circumstances of your case, there are some common defenses:
- Lack of reasonable suspicion for the traffic stop. If the officer didn't have a legal reason to pull you over, evidence from the stop might be suppressed.
- Problems with breath or blood testing. Issues with calibration of testing equipment, improper test administration, or chain of custody problems with blood samples can sometimes lead to dismissal. BAC tests are not infallible, and mistakes are often made by the police.
- Video evidence contradicts officer testimony. Dashboard or body camera footage that doesn't align with the arrest report can significantly strengthen your case.
- Procedural violations. The police have to be very careful about the way they carry out their business; if your rights were violated during arrest or booking, some evidence might be inadmissible.
- Complete an alternative sentencing program or successfully reduce the charge. Especially for first-time offenders, prosecutors may agree to reduce DWI charges to charges for obstruction of a highway or reckless driving, which carry fewer long-term consequences.
The key to pursuing dismissal is engaging an experienced DWI defense attorney as early as possible, preferably immediately after arrest. They can preserve evidence, identify weaknesses in the prosecution's case, and develop the most effective defense strategy for your specific situation.
Facing a DWI first offense in Texas? Smith & Vinson can help.
Facing a DWI first offense in Texas is tough, but it’s much tougher without an experienced Austin DWI lawyer in your corner. Whether you’re looking for a first-offense DWI attorney or a multiple DWI lawyer for a second or third DWI, the attorneys at Smith & Vinson have the knowledge and experience to defend your future.
Don't face a DWI in Texas alone. The attorneys at Smith & Vinson will guide you through every step of the process, from the ALR hearing to fighting for you in a court of law (if necessary). With the right attorney, you can help make sure a DWI charge doesn’t define your future.
We’ve beaten countless DWI cases for our clients facing high-stakes charges. Call us today at 512-368-9044 or contact us online for a free consultation and ask us to do the same for you.
More Helpful Articles by Smith & Vinson:
- Should I Accept a Plea Bargain?
- Texas Open Container Laws
- Should You Refuse a Breathalyzer Test?
- Problems With DWI Breath Test Machines in Texas
- How You Can Challenge Breathalyzer Test Results