A first DWI in Texas can quickly become more serious than many people expect. After an arrest, you may face a criminal case, possible driver’s license suspension, court deadlines, financial penalties, and questions about what evidence the police collected. Even if you have never been arrested before, what you do during the first few days can affect the options available later.
Being arrested for DWI does not mean you have been convicted. The State still has to prove the charge, and the evidence surrounding the traffic stop, field sobriety tests, breath or blood testing, and arrest can all become important when evaluating the case.
If this is your first experience with the Texas criminal justice system, understanding what happens next can help you make informed decisions and avoid mistakes that could make the situation more difficult.
First DWI in Texas at a Glance
- A standard first DWI generally begins as a Class B misdemeanor
- The charge carries a statutory minimum confinement term of 72 hours
- A first ALR test failure generally carries a 90-day license suspension
- A first test refusal generally carries a 180-day license suspension
- You may have only 15 days after being served an ALR notice to request a hearing
- A BAC of 0.15 or higher can increase the offense to a Class A misdemeanor
- Certain circumstances, including a child passenger or DWI in a qualifying school crossing zone, can result in felony charges
Texas DPS currently confirms the 15-day ALR deadline and the 90-day and 180-day first-offense suspension periods. Texas Penal Code §49.04 also confirms the Class B classification, 72-hour minimum, 0.15 enhancement, and the school-crossing-zone felony provision.
What Is a First DWI in Texas?
Under Texas law, a person commits Driving While Intoxicated, commonly called DWI, when the person is intoxicated while operating a motor vehicle in a public place.
Texas defines “intoxicated” in more than one way. A person may be considered intoxicated if they do not have the normal use of their mental or physical faculties because of alcohol, drugs, controlled substances, or a combination of substances. A person can also meet the legal definition when their alcohol concentration is 0.08 or higher.
This distinction is important because a DWI case does not always depend entirely on a BAC result.
Police and prosecutors may rely on other evidence, including:
- Driving behavior
- Statements made during the stop
- Officer observations
- Field sobriety testing
- Body camera footage
- Breath test results
- Blood test results
- Evidence of alcohol, drugs, or other substances
A first DWI in Texas generally means the person does not have a prior qualifying intoxication-related conviction that would enhance the charge. Most standard first offenses begin as Class B misdemeanors, although certain circumstances can increase the level of the offense.
DWI vs. DUI in Texas: What Is the Difference?
People often use “DWI” and “DUI” interchangeably, but Texas law treats them differently.
DWI is the primary intoxicated-driving offense for adults. Under Texas law, intoxication can be established through impairment of normal mental or physical faculties or an alcohol concentration of 0.08 or higher.
Texas uses a separate alcohol-related driving offense for minors. A person under 21 can violate Texas law by operating a motor vehicle in a public place with any detectable amount of alcohol in their system. That offense is generally a Class C misdemeanor for a first violation.
For adults facing a first DWI in Texas, the criminal and driver’s license consequences can be significantly more serious.
What Happens Immediately After a DWI Arrest?
The process usually begins with a traffic stop or law enforcement encounter. An officer may claim to have observed something that led to the stop, such as a traffic violation or driving behavior that raised suspicion. During the encounter, the officer may ask questions, observe the driver’s behavior, and request field sobriety tests.
If the officer believes probable cause exists to make a DWI arrest, the person may be taken into custody.
After the arrest, several things can begin happening at the same time.
You may be dealing with:
- Booking and release
- Bond conditions
- A criminal DWI case
- Breath or blood testing
- Driver’s license paperwork
- An Administrative License Revocation proceeding
- Upcoming court dates
The driver’s license case and the criminal DWI prosecution are separate proceedings. Texas DPS specifically identifies the Administrative License Revocation process as a civil administrative matter that is independent from the criminal DWI case.
This is one reason early action after a first DWI in Texas matters.
Your Driver’s License After a First DWI in Texas
One of the most time-sensitive issues after an arrest may involve your driver’s license.
Texas uses the Administrative License Revocation, or ALR, process to suspend driving privileges in certain DWI cases.
An ALR suspension may arise when a driver:
- Refuses a requested breath or blood test
- Fails to complete the requested test
- Provides a breath or blood specimen showing an alcohol concentration of 0.08 or higher
The ALR process can move forward even while the criminal charge is still pending.
Can I Still Drive After a First DWI Arrest?
A DWI arrest does not always mean your driving privileges end immediately.
If you are personally served a DIC-25 Notice of Suspension after a qualifying test refusal or failure, the notice states that the suspension is scheduled to take effect 40 days after service. You generally have 15 days to request an ALR hearing.
If a timely ALR hearing is requested, DPS does not simply treat the suspension as final on the original date. DPS states that if the administrative law judge rules against the driver, the suspension begins after the ruling. If DPS does not prove its case, the pending suspension is lifted.
If a suspension ultimately takes effect, an attorney can also evaluate whether an occupational license or another driving option may be available.
You May Have Only 15 Days to Request a Hearing
If you receive a suspension notice at the time of the arrest, Texas DPS states that you generally have 15 days from the date the notice is served to request an ALR hearing.
If you do not request the hearing, the suspension generally takes effect on the 40th day after the notice was served.
The procedure can be different when you consent to a blood test and the laboratory results are not immediately available.
If DPS later receives a result above the legal limit, it may mail a Notice of Suspension. DPS currently states that a person who receives that mailed notice has 20 days from the date the notice is mailed to request a hearing.
These deadlines are easy to overlook when someone is simultaneously trying to deal with the criminal case.
What Happens If You Refuse a Breath or Blood Test?
Texas has an implied-consent law that can create driver’s license consequences when a person refuses a requested specimen after a qualifying arrest.
Before requesting a specimen, an officer is required to give certain warnings, including that refusing the test can result in an automatic driver’s license suspension and that the officer may seek a warrant for a specimen.
For a first ALR refusal, Texas law provides for a 180-day suspension.
Refusing the test does not necessarily mean that no blood sample can be obtained. Texas law allows officers to seek a warrant authorizing the collection of a specimen.
For a first ALR failure involving a breath or blood test above the applicable limit, DPS lists the suspension period as 90 days.
This license proceeding should be evaluated separately from whether the State can ultimately prove the DWI charge.
What Are the Penalties for a First DWI in Texas?
A standard first DWI in Texas is generally a Class B misdemeanor.
Texas Penal Code Section 49.04 sets a minimum confinement term of 72 hours for a standard first-offense DWI. Texas misdemeanor punishment law allows a Class B misdemeanor to carry:
- Up to 180 days in county jail
- A fine of up to $2,000
- Or both jail and a fine
In addition to the criminal fine authorized for the offense, Texas Transportation Code Chapter 709 imposes an additional traffic fine after a final conviction for certain intoxicated-driving offenses. A first conviction within a 36-month period generally carries a $3,000 additional fine. When the required 0.15 alcohol concentration finding is made, the additional fine is $6,000. A court must waive Chapter 709 fines and costs when it finds the person indigent.
When Can a First DWI Become More Serious?
Not every first DWI in Texas remains a standard Class B misdemeanor. Certain facts can increase the charge or minimum punishment.
BAC of 0.15 or Higher
If an analysis of the person’s blood, breath, or urine shows an alcohol concentration of 0.15 or higher at the time the specimen was analyzed, Texas law elevates the DWI to a Class A misdemeanor.
A Class A misdemeanor can carry:
- Up to one year in jail
- A fine of up to $4,000
- Or both
Texas also imposes a $6,000 traffic fine upon final conviction when the required showing of an alcohol concentration of 0.15 or higher is made at trial.
Open Container
If a person is convicted of DWI and the State proves that the person had an open container of alcohol in their immediate possession at the time of the offense, the charge remains a Class B misdemeanor, but the minimum confinement increases to six days.
Child Passenger
Driving while intoxicated with a passenger younger than 15 years old is a separate offense under Texas Penal Code Section 49.045 and is classified as a state jail felony.
New Texas DWI School Zone Enhancement
Texas law now provides that DWI committed while operating a motor vehicle in a school crossing zone during the period when the reduced speed limit applies is a state jail felony.
Accidents involving serious bodily injury or death can also result in substantially more serious intoxication-related charges.
This is why someone should not assume that a “first offense” automatically means the case is minor.
Effective September 1, 2025, Texas law makes a DWI under Section 49.04 a state jail felony when the offense occurs in a school crossing zone during the period when the reduced speed limit applies.
What Happens in Court After a First DWI Arrest?
After the initial arrest and release, the criminal case begins moving through the court system.
The exact sequence varies depending on the county and circumstances, but the case may involve:
- Formal filing of the DWI charge
- Court appearances
- Exchange and review of evidence
- Pretrial motions
- Negotiations with the prosecutor
- Hearings
- A negotiated resolution
- Trial when the case is not otherwise resolved
A criminal defense attorney can review the government’s evidence before advising a client about possible outcomes.
Being arrested does not require you to immediately plead guilty simply because the police claim you failed field sobriety testing or a chemical test showed a certain result.
What Evidence Can Be Reviewed in a DWI Case?
A first DWI in Texas should be evaluated based on the actual evidence rather than assumptions about what happened.
Important evidence can include:
The Reason for the Traffic Stop
The defense can review what the officer observed before initiating the stop and whether the circumstances supported the officer’s actions.
Body Camera and Dash Camera Video
Video may provide an independent view of:
- The person’s driving
- The traffic stop
- Speech and movements
- Instructions given by the officer
- Field sobriety testing
- Statements made during the encounter
- The arrest
Texas law provides that a person stopped or arrested on suspicion of certain intoxication offenses is entitled to receive from the law enforcement agency a copy of video made by or at the direction of the arresting officer that contains footage of the stop, arrest, testing, or related procedure identified by statute.
Field Sobriety Tests
The circumstances surrounding field sobriety testing matter.
An attorney may look at:
- The officer’s instructions
- How the test was demonstrated
- How performance was described in the report
- What the video actually shows
- Physical limitations
- Road or weather conditions
- Footwear
- Other factors affecting performance
Haim Vasquez Legal Group’s DWI defense practice specifically reviews traffic-stop details, field sobriety testing, BAC evidence, body-camera footage, and ALR deadlines when evaluating DWI cases.
Breath Test Evidence
Breath testing may involve questions about how the test was administered, the records associated with testing, and whether procedures were properly followed.
Blood Test Evidence
Blood evidence can involve issues concerning the collection, documentation, laboratory analysis, and interpretation of the result.
A reported BAC number is important evidence, but it should still be reviewed in the context of the entire case.
Can a First DWI in Texas Be Dismissed?
A dismissal may be possible in some cases, but no attorney can responsibly promise that a DWI will be dismissed simply because it is a first offense.
A defense attorney may identify weaknesses involving:
- The legality of the stop
- Probable cause for the arrest
- Conflicting officer observations
- Video evidence
- Field sobriety testing
- Breath or blood evidence
- Witness testimony
- Procedural problems
- Other weaknesses in the prosecution’s case
Depending on the evidence and circumstances, a case may be contested, negotiated, reduced, dismissed, or taken to trial.
Texas law also permits deferred adjudication community supervision for some DWI charges under Section 49.04, but there are important exclusions. For example, deferred adjudication is not available under that provision when the defendant held a commercial driver’s license or learner’s permit at the time of the offense, or when the person’s alcohol concentration was 0.15 or higher.
The availability of any particular resolution should be evaluated based on the person’s specific case.
Common Mistakes After a First DWI Arrest
The days immediately after a first DWI in Texas can be confusing. Avoidable decisions can create additional problems.
Ignoring the ALR Deadline
Do not assume that your driver’s license will remain valid until the criminal case ends.
The administrative license process operates separately, and the hearing deadline may arrive long before the first major court event.
Posting About the Arrest Online
Avoid posting details of the traffic stop, drinking, testing, arrest, or case on social media.
Statements made publicly can create unnecessary issues while the case is pending.
Assuming the BAC Result Ends the Case
A chemical-test result is evidence, but the circumstances surrounding the stop, arrest, specimen collection, and testing still matter.
Missing Court Dates
Review all paperwork carefully and make sure you understand when and where you are required to appear.
Pleading Guilty Just to “Get It Over With”
A guilty plea can create consequences beyond the immediate fine or court appearance.
Before making a plea decision, understand the potential effect on your driving record, criminal record, employment, professional licensing, insurance, and, when applicable, immigration status.
A First DWI and Immigration Status
For someone who is not a U.S. citizen, a first DWI in Texas should also be reviewed from an immigration perspective before any plea or case resolution.
Immigration consequences are highly fact-specific. The exact criminal allegation, presence of drugs, additional charges, prior criminal history, immigration status, and final disposition can all matter.
Haim Vasquez Legal Group specifically provides immigration-aware criminal defense and evaluates potential immigration consequences when representing non-citizens charged with DWI and other crimes.
A criminal resolution that appears favorable in state court should not be accepted without understanding whether it creates a separate immigration issue.
What Should You Do After a First DWI in Texas?
If you have recently been arrested, focus on the deadlines and evidence that matter now.
Consider these steps:
- Keep all paperwork from the arrest. Do not throw away the DIC-25, bond paperwork, test information, or court notices.
- Check the driver’s license deadline immediately. Depending on how notice was provided, the deadline to request an ALR hearing may be 15 or 20 days.
- Write down what happened while it is fresh. Include where you were stopped, what the officer said, what tests were requested, and whether a breath or blood specimen was taken.
- Do not discuss the details publicly.
- Follow all bond and court conditions.
- Speak with a DWI defense attorney before entering a plea.
- If you are not a U.S. citizen, make sure immigration consequences are evaluated before resolving the criminal case.
Early case preparation allows the evidence to be reviewed before important decisions are made.
How Haim Vasquez Legal Group Can Help
Haim Vasquez Legal Group represents clients facing DWI and DUI charges throughout Texas.
Our criminal defense team reviews issues including:
- Traffic stops
- Probable cause
- Field sobriety tests
- Breath and blood testing
- Body camera footage
- ALR driver’s license deadlines
- Misdemeanor and felony DWI allegations
- Immigration consequences for non-citizens
The firm provides bilingual representation in English and Spanish and uses former prosecutor experience to evaluate how criminal cases are built, challenged, and resolved.
If you are dealing with a first DWI in Texas, getting clear answers early can help you understand both the criminal case and the separate driver’s license process.
Take Your First DWI Charge Seriously
A first DWI in Texas can affect your driver’s license, criminal record, finances, employment, and future opportunities. But an arrest is only the beginning of the case, not a conviction. The State’s evidence should be reviewed carefully, including the reason for the traffic stop, field sobriety tests, officer observations, videos, and any breath or blood testing.
The driver’s license deadline may also begin almost immediately after the arrest, so waiting weeks to address the case can mean losing an opportunity to challenge an administrative suspension. If you or a loved one has been arrested for a first DWI in Texas, contact Haim Vasquez Legal Group to understand what happens next and what options may be available.
Legal Disclaimer: This article is provided for informational and educational purposes only. It does not constitute legal advice or create an attorney-client relationship. Criminal cases depend on their specific facts, and Texas laws and procedures may change. Speak with a Texas criminal defense attorney about your individual situation.
Is a first DWI in Texas a felony?
Usually, a standard first DWI is a Class B misdemeanor. However, circumstances such as having a child passenger younger than 15 or committing DWI in an applicable school crossing zone can elevate the offense to a state jail felony.
Can I go to jail for a first DWI?
Yes. A standard Class B DWI carries a statutory minimum confinement term of 72 hours and can carry up to 180 days in jail. The actual outcome depends on the case and how it is resolved.
Will my license automatically be suspended?
A separate ALR suspension may occur if you refuse testing or provide a qualifying breath or blood result. For a first ALR failure, DPS lists a 90-day suspension; a first refusal carries a 180-day suspension.
How long do I have to request an ALR hearing?
If you were personally served suspension notice, you generally have 15 days to request a hearing. If a qualifying blood-test result later causes DPS to mail a suspension notice, DPS currently provides 20 days from the mailing date to request a hearing.
Is a BAC below 0.08 automatically safe from a DWI charge?
Not necessarily. Texas also defines intoxication as not having the normal use of mental or physical faculties because of alcohol, drugs, or other qualifying substances.
What happens if my BAC was 0.15 or higher?
A DWI under Section 49.04 can be elevated to a Class A misdemeanor when the required alcohol-concentration showing is 0.15 or higher.
Can a first DWI be dismissed?
It is possible for some cases to be dismissed, reduced, or otherwise resolved depending on the evidence and legal issues. A dismissal is never automatic simply because it is a first offense.
Should I hire an attorney for a first DWI?
A DWI involves both criminal and driver’s license issues, and some deadlines begin shortly after the arrest. An attorney can review the evidence, explain the ALR process, identify potential defense issues, and help you understand the available options.
