DWI in Texas: A Comprehensive Look at First and Second Offense Consequences

 

What You Need to Know About DWI Charges in Texas

A first offense DWI in Texas is a serious criminal charge with consequences including fines up to $2,000, jail time, license suspension, and a permanent criminal record.

Key First Offense DWI Penalties in Texas:

• Classification: Class B Misdemeanor
• Fines: Up to $2,000 (plus court costs and surcharges)
• Jail Time: 72 hours to 180 days
• License Suspension: 90 days to 1 year
• Additional Requirements: DWI education program, Victim Impact Panel, community service
• Long-Term Impact: Permanent criminal record, increased insurance rates, employment challenges

How Texas Defines DWI:

Under Texas Penal Code §49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. Intoxication can be proven by showing a loss of normal mental or physical faculties, or a blood alcohol concentration (BAC) of 0.08% or higher.

Understanding these consequences is the first step toward protecting your future. When facing a DWI charge, it’s critical to grasp how the state builds its case against you. This insight allows you to identify potential weaknesses in the evidence and understand the path forward.

Understanding the Penalties for a First Offense DWI

When charged with a first offense DWI in Texas, you face two separate battles: one in criminal court and one with the Department of Public Safety (DPS) over your driver’s license. They operate on different timelines and require different responses.

A first offense DWI is a Class B Misdemeanor. The criminal penalties include:

• Fines: Up to $2,000, but court costs and state surcharges can easily double or triple this amount.
• Jail Time: A mandatory minimum of 72 hours up to 180 days. However, judges often grant community supervision (probation) instead of jail time for first offenders. Probation typically lasts 12 to 24 months and includes regular check-ins, monthly fees, and maintaining employment.
• Mandatory Programs: You must complete a 12-hour DWI Education Program and often attend a Victim Impact Panel organized by Mothers Against Drunk Driving (M.A.D.D.).
• Community Service: Courts typically order 24 to 100 hours of community service.

Administratively, the DPS can suspend your license for 90 days to one year, a process that can start even before a criminal conviction. Texas also imposes an annual Driver Responsibility Surcharge of up to $2,000 for three years after a conviction—an additional $6,000 total.

Aggravating factors like a high BAC, an accident, or an open container can lead to harsher penalties, such as required jail time as a condition of probation or a mandatory Ignition Interlock Device (IID).

What are the Long-Term Consequences of a First Offense DWI?

The immediate penalties are just the beginning. A DWI conviction in Texas creates a permanent criminal record, not a simple traffic ticket. This record appears on background checks and can complicate your life for years.

• Employment: Many companies scrutinize criminal records. A DWI can lead to lost job offers or termination, especially in fields requiring driving, professional licenses, or positions of trust.
• Professional Licenses: Boards for professions like nursing, law, teaching, and real estate take DWI convictions seriously, potentially leading to disciplinary action or license suspension.
• Car Insurance: Expect your insurance rates to double or triple. You will also be required to file an SR-22 certificate for two years, which proves you have liability coverage and flags you as a high-risk driver to insurers.
• Social Stigma: A criminal record can affect housing applications, loan approvals, and even volunteer opportunities.

Here’s how first and second offense penalties compare:

Penalty Type	First Offense DWI (Texas)	Second Offense DWI (Texas)
Criminal Class	Class B Misdemeanor	Class A Misdemeanor
Fines	Up to $2,000	Up to $4,000
Jail Time	72 hours – 180 days (often probation)	30 days – 1 year (mandatory jail time often applies)
License Suspension	90 days – 1 year	180 days – 2 years
Probation	12 – 24 months	Often longer (24-36 months)
IID Requirement	Possible (for ODL or specific conditions)	Mandatory
Community Service	24 – 100 hours	80 – 200 hours
Driver Surcharge	Up to $2,000 annually for 3 years	Up to $2,000 annually for 3 years

Taking a first offense DWI charge seriously from day one is critical. The decisions you make immediately after arrest can determine whether you face these consequences or successfully fight the charges.

The Administrative License Revocation (ALR) Process

Many people are surprised to learn that you can lose your driver’s license before you are ever convicted of DWI. This happens through the Administrative License Revocation (ALR) process, a separate civil proceeding that begins immediately after your arrest.

Under Texas’s Implied Consent Law, driving on public roads means you have automatically consented to provide a breath or blood sample if lawfully arrested for DWI. If you refuse the test or fail it (BAC of 0.08% or higher), the officer will confiscate your license and issue a temporary permit.

Here is the critical part: you have only 15 days from your arrest to request an ALR hearing. If you miss this deadline, your license suspension becomes automatic. The ALR hearing is not about guilt or innocence in your criminal case; it only determines if the officer had proper cause to stop and arrest you, and if you refused or failed the chemical test.

Fighting the suspension at an ALR hearing is your chance to keep your license. An experienced attorney can challenge the officer’s actions. Even if the suspension is not overturned, the hearing is a valuable opportunity to get the officer’s testimony under oath, which can reveal weaknesses for your criminal defense.

Can I Still Drive After a DWI Arrest?

Even if your license is suspended, you may be able to drive for essential needs with an Occupational Driver’s License (ODL). An ODL is not a full license; it allows you to drive for specific, court-approved purposes, such as:

• To and from work or school.
• To court-ordered programs like DWI education.
• For essential household duties like grocery shopping or medical appointments.

An ODL comes with strict time and geographic restrictions. You must petition the court for an ODL and prove your essential need to drive. If granted, you will almost certainly be required to install an Ignition Interlock Device (IID) in your vehicle. This device requires a clean breath sample to start the car and at random intervals while driving. You will also need to file SR-22 proof of insurance with the state. An attorney can help steer the ODL application process to restore limited driving privileges.

How a Second DWI Offense Escalates Consequences

If a first offense DWI is serious, a second offense is drastically more severe. Texas law imposes significantly harsher penalties on repeat offenders, leaving little room for leniency.

A second DWI is automatically charged as a Class A Misdemeanor, a major step up from a first offense. The consequences escalate accordingly:

• Fines: The maximum fine doubles to $4,000, plus court costs and other fees.
• Mandatory Jail Time: A conviction carries a minimum of 30 days and up to one year in county jail. Unlike a first offense, some jail time is almost certain, even if you receive probation.
• License Suspension: Your license will be suspended for a much longer period, from 180 days up to two years.
• Ignition Interlock Device (IID): An IID installation is mandatory on any vehicle you operate for the duration of your probation. You must provide a clean breath sample to start the car and while driving.
• Community Service: The requirement increases to 80 to 200 hours.

Texas uses a long “lookback period,” meaning prior DWI convictions, even from other states, will be used to improve the charges. The state’s message is clear: repeat offenses will be met with severe consequences. The stakes are exponentially higher, making skilled legal intervention essential. For more information, you can review the official guidelines at Texas impaired driving laws and penalties.

The Role of an Experienced DWI Defense Attorney

Facing a DWI charge is overwhelming. The legal system is complex, and DWI law is highly technical. An experienced DWI defense attorney is essential to steer the process and protect your rights.

For a first offense DWI, even minor procedural errors by law enforcement can lead to a dismissal. A skilled attorney will scrutinize every aspect of your case:

• The Traffic Stop: Police need reasonable suspicion to pull you over. If the stop was unlawful, all evidence gathered afterward could be suppressed, potentially destroying the prosecution’s case.
• Field Sobriety Tests: These tests are subjective and often administered improperly. An attorney can challenge their validity by exposing failures to follow standardized protocols.
• Breath and Blood Tests: These chemical tests are not foolproof. We investigate issues like improper device calibration, mishandling of samples, and breaks in the chain of custody to challenge the accuracy of the results.
• The ALR Hearing: We represent you at the administrative hearing to fight your license suspension. This is also a key opportunity to question the arresting officer under oath and gather evidence for your criminal case.

Sometimes, the best outcome is a favorable plea agreement. We negotiate from a position of strength to seek reduced charges or alternative sentencing. Our goal is always to achieve the best possible result for your specific situation.

At Universal Law Group, our criminal defense team includes former prosecutors. We understand how the state builds DWI cases, what evidence they prioritize, and where their weaknesses lie. This insider knowledge allows us to anticipate prosecution strategies and build a stronger, more effective defense for our clients. When facing a First offense DWI, you need an advocate who knows the system from both sides.

Frequently Asked Questions about Texas DWI

Facing a DWI charge brings a flurry of questions. Here are answers to some of the most common concerns we hear.

Will a DWI appear on a background check in Texas?

Yes. A first offense DWI in Texas is a Class B Misdemeanor, a criminal offense, not a traffic ticket. A conviction creates a permanent criminal record that does not disappear over time. This record will show up on background checks for employment, housing, professional licensing, and more. It can jeopardize job offers, prevent you from renting an apartment, and create complications with professional boards in fields like healthcare, law, and education. This is a primary reason to fight a DWI charge aggressively.

What is the difference between DWI and DUI in Texas?

Though often used interchangeably, DWI and DUI are different offenses in Texas.

• DWI (Driving While Intoxicated) is the charge for adults 21 and older who operate a vehicle while intoxicated (BAC of 0.08% or higher, or loss of normal faculties).
• DUI (Driving Under the Influence) is for minors under 21. Texas has a “zero tolerance” policy, meaning a minor can be charged with DUI for having any detectable amount of alcohol in their system. While a first-offense DUI is typically a Class C Misdemeanor, a minor with a BAC of 0.08% or higher can be charged with an adult DWI.

What are aggravating factors that can increase DWI penalties?

Certain circumstances, known as aggravating factors, can significantly increase the penalties for a DWI, even turning a misdemeanor into a felony.

• High BAC (0.15% or higher): Even on a first offense DWI, having a BAC nearly double the legal limit improves the charge to a Class A Misdemeanor, with fines up to $4,000 and jail time up to one year.
• Open Container: Having an open container of alcohol in the passenger area of your vehicle adds a mandatory minimum of six days in jail to your sentence.
• DWI with a Child Passenger: If a child under 15 is in the vehicle during a DWI arrest, the charge is automatically liftd to a State Jail Felony. This carries a sentence of 180 days to two years in a state jail and fines up to $10,000.

Other factors, such as causing an accident with serious injury (Intoxication Assault) or death (Intoxication Manslaughter), lead to even more severe felony charges.

Protecting Your Future After a DWI Charge

A first offense DWI in Texas is a serious criminal charge with lasting consequences, from a permanent criminal record to steep fines and potential jail time. The legal process is complex, involving both a criminal case and an administrative fight for your driver’s license. The clock starts ticking the moment you are arrested, and taking immediate action is critical to building a strong defense.

Waiting only narrows your options and strengthens the state’s case against you. You need an advocate who understands the system and can fight for your rights.

At Universal Law Group, our criminal defense team includes former prosecutors. We know how the state builds DWI cases and, more importantly, how to take them apart. We use this insider perspective to challenge evidence, negotiate from a position of strength, and protect our clients’ futures.

You are not just another case number to us. We take the time to understand your situation and develop a defense strategy custom to your circumstances. If you are facing a first offense DWI charge in Houston, do not try to handle it alone.

Get help from our Houston criminal defense team today. Let’s review your case and start building your defense. The sooner we begin, the more we can do to help you move forward.