First-offense DWI in Texas

What is the punishment for a first DWI?

A final conviction also brings the state fine under Transportation Code 709.001 ($3,000, or $6,000 with a 0.15 or higher result).

Will I go to jail for a first DWI?

The 72-hour minimum can often be satisfied by time already served after arrest, and many first-offense cases end with community supervision (probation) instead of more jail time. Probation conditions commonly include classes, community service, and sometimes an ignition interlock.

Can a first DWI be reduced or dismissed?

It depends on the evidence. Problems with the stop, the field sobriety tests, the breath or blood test, or the video can lead to a reduction, a dismissal or a not-guilty verdict. Some counties also offer pretrial programs for first offenders. Ask about the programs available in your county.

Is deferred adjudication possible?

Yes, for many first DWIs, unless the test showed 0.15 or more or you held a commercial license or permit. Completing deferred adjudication avoids a final conviction.

What about my license?

A failed test usually means a 90-day ALR suspension for a person with no alcohol- or drug-related contact in the prior 10 years; a refusal means 180 days. Request the ALR hearing within 15 days. See ALR hearings.

What raises the minimum punishment on a first DWI?

• Open container: if an open container of alcohol was in your immediate possession, the minimum jail term rises to 6 days (Penal Code 49.04(c)).
• Alcohol concentration of 0.15 or more: the offense becomes a Class A misdemeanor, with up to 1 year in jail and a fine up to $4,000 (49.04(d)).
• A passenger younger than 15: the charge becomes a state jail felony under Penal Code 49.045. See DWI with a child passenger.

What does probation look like for a first DWI?

Many first DWI cases that do not go to trial end with community supervision. Typical conditions include reporting to a supervision officer, fees, community service and alcohol education. Texas law requires a DWI education program as a condition of community supervision for a DWI, unless the judge waives it for good cause (Code of Criminal Procedure 42A.403). An ignition interlock is required as a condition of supervision when the alcohol concentration was 0.15 or more, and the judge can order one in other cases (42A.408).

How does deferred adjudication work on a first DWI?

Since September 1, 2019, a judge may place many first DWI defendants on deferred adjudication. It is not available to anyone who held a commercial driver's license at the time of the offense or whose alcohol concentration was 0.15 or more (42A.102). A judge who grants deferred adjudication for DWI must require an ignition interlock. A deferred adjudication for DWI can still count as a prior if you are arrested for DWI again (Penal Code 49.09(g)).

What does a first DWI cost?

On top of any fine and court costs, a DWI conviction carries a state traffic fine of $3,000 for a first offense within 36 months, or $6,000 if the alcohol concentration was 0.15 or more (Transportation Code 709.001). The court can waive the fine for a person who is indigent. Insurance, interlock and class costs add up as well. See what a DWI costs.

Can a first DWI be sealed later?

Sometimes. A first DWI with an alcohol concentration under 0.15 may be eligible for an order of nondisclosure. After a conviction and community supervision, the waiting period is 2 years if you used an ignition interlock for at least 6 months, otherwise 5 years (Government Code 411.0731). After a jail sentence, it is 3 years with interlock or 5 years without (411.0736). After deferred adjudication, the waiting period is 2 years (411.0726). There are other conditions, such as no accident involving another person. See can a DWI be sealed in Texas.

Checklist after a first DWI arrest

• Request the ALR hearing within 15 days. See ALR hearings.
• Comply with every bond condition, including interlock or monitoring.
• Write down a timeline and save receipts.
• Tell your lawyer if you hold a commercial or professional license.

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.

Can a first DWI be a felony?

In two situations even without priors: a passenger younger than 15 makes it a state jail felony (Penal Code 49.045), and since September 1, 2025, a DWI committed in a school crossing zone while the reduced school speed limit applies is also a state jail felony (Penal Code 49.04(e), added by SB 826).

Is deferred adjudication possible on a first DWI?

It can be, but not 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)).

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