What Happens after a DWI in Texas First Offense?

A DWI in Texas first offense often comes out of nowhere. One minute you’re driving home — it may even be a totally normal day — and the next you’re a criminal in handcuffs on the side of the road. Even a first-time DWI comes with consequences that can impact your job, your driving privileges, and your future. 

If you've been charged with a first-time DWI, you're probably asking yourself what comes next and whether you'll face jail time, lose your license, or carry a permanent criminal record. That’s where Turnbull comes in. 

With the right attorney in your corner, a charge for a first offense DWI doesn’t need to turn into a conviction. Many first-time offenders minimize their penalties, protect their driving privileges, and even get their charges dismissed or reduced.

Ready to protect your future? If you’ve been arrested, you need a skilled Texas DWI Attorney yesterday. Call Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to begin building your defense. 

What happens when you get your first DWI in Texas?

After a DWI arrest in Texas, several things happen quickly, and many of them have strict deadlines that can permanently affect your case if you miss them.

Will I go to jail for a first-time DWI in Texas?

This is one of the most common and understandable questions people ask after a first DWI arrest. The short answer is: it depends on the specific circumstances of your case, the county where you were arrested, and the quality of your attorney.

Here’s how it works:

A first-offense DWI in Texas is classified as a Class B misdemeanor, which carries a potential jail sentence of 72 hours to 180 days. However — and this is a big however — potential penalties and actual sentences are often very different things, especially for first-time offenders with no aggravating circumstances. The reality is that first-time offenders for DWI who hire capable attorneys often avoid jail time entirely, but this is not a certainty. 

Aggravating factors also often influence jail time:

• BAC level. If your blood alcohol concentration was 0.15% or higher (nearly twice the legal limit), your charge may be enhanced to a Class A misdemeanor, which increases potential jail time and makes alternatives less likely.
• Accident involvement. If your DWI resulted in property damage, injury, or death, you're facing more serious charges and a significantly higher likelihood of jail time.
• Presence of minors. Having a child passenger under 15 years old in your vehicle elevates the charge to a state jail felony, regardless of whether it's your first offense.

No matter the circumstances of your case, some counties are tougher than others when it comes to DWI prosecution. Montgomery County, Harris County, and Brazos County each have different approaches to DWI cases, with some prosecutors more willing to negotiate alternatives to jail time than others. This is why having an attorney with experience in your local court system, whether they be a Conroe DWI lawyer or Bryan DWI lawyer, is absolutely essential.

Penalties for DWI in Texas

Beyond the question of jail time, all DWI charges in Texas carry a range of penalties that can affect your finances, your freedom, and your future opportunities. You should know the full scope of these penalties so that you can make informed decisions about your defense. Texas takes DWI offenses seriously, and penalties escalate dramatically with repeat offenses or aggravating circumstances.

The following chart shows the main criminal penalties across all DWI offense levels.

Beyond the criminal penalties outlined above, Texas law requires many DWI offenders to complete mandatory programs and meet ongoing obligations:

• DWI education programs: You may be required to complete a state-approved 12-hour DWI education course, which typically costs between $60 and $125.
• Community service: Courts often require 24 to 100 hours of community service as part of probation conditions.
• Ignition interlock devices: Depending on your county and the circumstances of your arrest, you may be required to install an ignition interlock device (IID) on your vehicle, which prevents it from starting if alcohol is detected on your breath. Installation costs around $70–$150, with monthly monitoring fees of $60–$80.
• SR-22 insurance: You'll need to carry SR-22 insurance (proof of financial responsibility) for at least two years, which can significantly increase your insurance premiums — often doubling or tripling your rates.
• Annual DPS surcharges: For three consecutive years following a DWI conviction, Texas requires annual surcharges of $1,000 to $2,000 paid to the Department of Public Safety to maintain your driving privileges.

Finally, a DWI conviction doesn't end when you complete probation or pay your fines. The conviction stays on your criminal record permanently in Texas, which means employment opportunities, professional licenses, educational opportunities, housing agreements, and more are all on the line. These insidious, long-term consequences are why fighting your DWI charge, rather than just taking a plea, is always worth it.

What are the odds of getting dismissed for a DWI in Texas?

While there's no universal statistic for DWI dismissal rates across Texas, dismissals do happen regularly for defendants who have good attorneys and cases with procedural weaknesses, evidentiary problems, or constitutional violations.

As a former State District Court Judge and Chief Prosecutor, Ned Turnbull approaches DWI cases with a unique perspective. He understands how prosecutors build their cases because he used to be one. He knows how judges evaluate suppression motions because he used to rule on them. This insider knowledge translates directly into better outcomes for clients — including dismissals that might not be possible with less experienced representation.

How to get a first DWI in Texas dismissed

To give yourself the best chance at a DWI dismissal, don’t talk to the police and hire an attorney immediately. After that, it’s largely up to the circumstances of your arrest and your attorney. Once your attorney begins working on your case, there may be several strategies they can pursue for a dismissal. A few popular ones include:

1. Challenging the traffic stop: Every DWI case begins with a traffic stop, and that stop must be supported by reasonable suspicion that you violated a traffic law or were driving unsafely. If the officer lacked legitimate grounds for the stop, everything that followed may be inadmissible. Your attorney will obtain dashcam footage, review the officer's report for inconsistencies, and file suppression motions if the stop was legally questionable.
2. Attacking the evidence: Even if the stop was legitimate, the evidence collected must meet strict legal standards. Your attorney will scrutinize breathalyzer calibration records, blood test chain-of-custody documentation, and field sobriety test administration to identify problems that could invalidate the State's evidence.
3. Exploring alternative programs: In some cases, particularly for first-time offenders, pretrial diversion programs may be available. These programs allow you to complete education, community service, and monitoring in exchange for dismissal of charges upon successful completion.

The difference between DUI vs DWI in Texas

Although the terms are often used interchangeably, in Texas, they refer to distinct charges with different legal standards and consequences. 

So if you're 21 or older and facing charges, you're dealing with a DWI, not a DUI. If you're under 21, you could potentially face either DUI or DWI charges depending on your BAC level — DUI for having any detectable alcohol, and DWI if your BAC exceeds 0.08% or you're clearly intoxicated.

Continue reading about the differences between DWI vs DUI

Can I qualify for DWI first offense in Texas probation?

Probation is often a realistic outcome for first-time DWI offenders, allowing you to avoid jail time while demonstrating to the court that you can comply with court-ordered conditions and maintain lawful behavior.

Texas offers two types of probation for DWI offenders:

• Standard probation requires you to report to a probation officer regularly, complete all court-ordered requirements, avoid further legal trouble, and comply with conditions like random drug and alcohol testing. Probation for a first-offense DWI typically lasts between one and two years.
• Deferred adjudication is a special form of probation in which you plead guilty or no contest, but the judge doesn't enter a final conviction. Instead, you're placed on probation with the understanding that when you successfully complete all requirements, the case will be dismissed. While this sounds ideal, you should be aware that even with deferred adjudication, a DWI still cannot be expunged from your record in Texas, and it will count as a prior offense if you're arrested for a second DWI in Texas.

Most first-time DWI offenders with no aggravating circumstances qualify for probation, but factors like your BAC level at the time of arrest, whether an accident occurred, your behavior during the arrest, and your prior criminal history will influence whether prosecutors and judges will agree to probation terms.