An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Will I go to jail for a first DWI in Texas?
In short: Not necessarily. A first DWI is usually a Class B misdemeanor with a 72-hour minimum if jail is imposed, and up to 180 days and a $2,000 fine (Penal Code 49.04, 12.22). A judge can instead grant community supervision, and Texas law does not require jail as a probation condition for a first DWI (Code of Criminal Procedure 42A.401).
What changes the range on a first DWI?
| Situation | Level and range |
|---|---|
| Standard first DWI | Class B: 72 hours to 180 days, fine up to $2,000 (Penal Code 49.04(b)) |
| Open container in immediate possession | Class B with a 6-day minimum (49.04(c)) |
| Alcohol concentration 0.15 or more | Class A: up to 1 year, fine up to $4,000 (49.04(d), 12.21) |
| Passenger younger than 15 | State jail felony (49.045) |
| In a school crossing zone while the reduced limit applies (offenses on or after 9/1/2025) | State jail felony (49.04(e)) |
Is the night in jail after the arrest part of the sentence?
Time spent in custody after the arrest can often be credited toward a jail sentence if one is imposed. Ask your lawyer to confirm the booking and release times on your record.
Can I get deferred adjudication on a first DWI?
Sometimes. It is not available if you held a commercial driver's license or learner's permit at the time, or if your alcohol concentration was 0.15 or more (Code of Criminal Procedure 42A.102(b)(1)(B)). Deferred adjudication for a DWI still counts as a prior for a later DWI (Penal Code 49.09(g)).
What else comes with a first DWI conviction?
A state fine of $3,000, or $6,000 at 0.15 or more, unless the court finds you indigent (Transportation Code 709.001), plus the separate license suspension process. Ask for an ALR hearing within 15 days of receiving the notice of suspension.
Where are these cases heard outside Dallas?
We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is a first DWI a felony in Texas?
Usually not. It is a Class B or Class A misdemeanor, but a child passenger under 15 or a school crossing zone makes it a state jail felony.
Is there mandatory jail with probation on a first DWI?
No. Article 42A.401 requires jail as a probation condition only for enhanced DWIs, intoxication assault and intoxication manslaughter.
What makes a first DWI a Class A?
An alcohol concentration of 0.15 or more under Penal Code 49.04(d).
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.