First Offense DWI in Texas: Navigating the Unknown

If you’re experiencing your first DWI charge in Texas, you’re likely worried about your future. What kind of trouble might you be in? What happens next? What does it mean for your license—and your life?

By the end of this article, you’ll have cleared the fog around your situation, and you’ll be equipped to tackle the road ahead.

The First Offense Dilemma: Understanding the Gravity of Your Situation

Since first-time DWIs are classified as misdemeanors in Texas, you may think it’s no big deal and brush it aside. But even if it’s your first incident and nobody was hurt, there are serious consequences for a DWI in Texas—even the first offense.

Some of the sobering consequences that a DWI in Texas first offense can bring include¹:

• Jail time – You could spend a maximum of 180 days in jail for a DWI arrest without any complicating factors. If you’re not granted probation, it will likely be a minimum three-day stint.
• A fine – You could also be charged with a fine of $2,000 or more.
• Insurance hikes – Brace yourself for a bump in car insurance rates. The surcharge adds up and can stick around for 3–5 years post-conviction.
• Your job on the line – If driving is part of your job, a DWI charge could slam the brakes on your career. For delivery drivers, salespeople, and anyone with a company car, a DWI could mean serious talks with your boss and termination from roles that require a clean record.
• An inner battle – Sure, it’s a wake-up call. And though it might be needed, the guilt and social shame can take their toll. You might find it helpful to seek support, whether through counseling or support groups, and get your mind prepared for a fresh start.

For more on a DUI vs. DWI in Texas, read our guide.

Aggravating Factors for DWIs in Texas

What factors can make a DWI case more severe? There are a few main aggravating conditions. For one, if the breathalyzer proves your blood-alcohol content was above 0.15%, the misdemeanor might escalate to Class A.²

Additionally, the punishment could increase dramatically if other people are involved—both in and outside the car. For example, if you were driving a passenger under 15, the DWI will automatically increase to a felony.

Lastly, should you injure or kill somebody while driving under the influence, the repercussions are severe. You could be looking at anywhere between two and ten years for intoxication assault and up to 20 years for intoxicated manslaughter.

The phrases and factors around Texas DWI law can get complicated. No matter your situation, you’ll undergo a general legal process. The more intel you have on the steps ahead, the more confident you’ll feel as the path unfolds.

Legal Process: Navigate the Legal Steps Involved in a First-Time DWI Offense

The legal process for your first DWI charge in Texas will follow a consistent structure. Here’s what you can expect:

• Arrest and booking – If suspected of DWI—even if below the 0.08 BAC—you’ll likely be arrested and further tested for evidence that can be used against you in court.
• Release on bail – Post-arrest, you may be granted release on bail. This means you’ve agreed to appear in court for your arraignment. You’ll be given a bond receipt, a ticket with your charges, and a notification that, if uncontested, your license will be revoked.
• Administrative license revocation – To keep your driver’s license, you’ll need to win a separate battle—and move quickly; an ALR is a civil penalty that you’ll have only 15 days to appeal.
• Arraignment – At your arraignment, one of the first court appearances, you’ll hear the formal charges and be asked to enter a plea. This is usually scheduled within a few weeks post-arrest. The conditions of a plea bargain might sound simple, but they’re usually more complex and very high-stakes. During this time, rely on your defense attorney to help you navigate it all.
• Preparing for trial or sentencing – A trial date will be set if you plead not guilty. If you accept a plea deal or plead guilty, you’ll proceed to your sentenced repercussions.

Possible Outcomes: Explore the Potential Consequences and Outcomes

Another phase of your DWI conviction process you’ll be interested in knowing about is the potential outcomes of your case. Thankfully, they’re pretty clear-cut, with some variation on a case-by-case basis. Here’s what most people can generally expect:

• Standard first-time offense (BAC under 0.15%) – If it’s your first offense, you can expect fines up to $2,000, jail time ranging from 3 to 180 days, license suspension for 90 days to a year, and possible DWI probation. You may also be required to fulfill community service hours or DWI education programs.
• DWI with a passenger under 15 – If you were charged with a passenger under the age of 15 in the car, this is classified as a state jail felony. The outcome is typically a fine up to $10,000, jail time from 180 days to 2 years, and possible additional charges for child endangerment.
• Intoxication assault (causing injury) – If you were driving under the influence of alcohol and injured another person, it’s considered a third-degree felony. The fines are usually up to $10,000 with 2 to 10 years in state prison and a long-term license suspension.
• Intoxication manslaughter (causing death) – If you were driving under the influence of alcohol and killed another person, it’s considered a second-degree felony. The fines are usually up to $10,000, with jail time from 2 to 20 years. Most also receive the potential for civil lawsuits by the victims’ families.

Given the gravity of these charges, solid legal representation for your DWI case is essential.

Legal Representation: The Importance of Having an Attorney by Your Side

When you’re up against a first DWI in Texas, you need a lawyer—and, ideally, one experienced in DWI defense. They’ll have handled cases very similar to yours time and time again. That means they’ll have real-world insights and experience that they can use to steer your chances in as favorable of a direction for you as possible.

Here’s how an equipped DWI lawyer can support you during your case:

• They offer emotional and procedural support – A DWI case can be an emotional rollercoaster that, if not handled properly, can alter your life. That makes it even more important to have a seasoned professional to keep you mentally and procedurally in check.
• They can fight for an easier punishment – They’ll know the ins and outs of the Texas Penal Code. There’s plenty of burden placed on the police to prove probable cause and provide evidence. Between the initial stop, the breathalyzer test, your arrest, booking, and beyond, there are plenty of parts that may not have been handled correctly. So, a good lawyer can spot opportunities to get your DWI penalties reduced.
• They can keep you on the road – You only have 15 days to save your license, so you’ll want to ensure that’s taken care of swiftly and properly—which is what a lawyer can advise on. If the DPS does decide to suspend your driver’s license after a DWI, a lawyer can argue for conditional or occupational licenses.

You can avoid jail, but an Ignition Interlock Device (IID) is guaranteed if you want to drive. But it’s still better than the previous system, where you’d only be able to drive if it were strictly essential to your life.

When to Get an Interlock Device

Once you have a court order mandating the use of an IID, you’ll have to get one installed on every vehicle you drive. You’ll need to be fast; the court notifies the DPS, who will send you a letter saying they’ll cancel your driver’s license in 30 days.³

Once you have an IID installed, you can send your application (and fee) to the DPS for an occupational license.

The length of time you’ll need to keep an IID installed depends on the conditions of your mandate. It could be until the case is dismissed, for half of your probationary period, or perhaps longer.⁴

Additional costs include the IID’s rental, which typically costs about $3 per day. According to Mothers Against Driving, the installation will cost drivers about $100 on average. Once installed, you’ll have to spend about another $70 each month to cover the costs of monitoring and upkeep.⁵

If you violate the conditions around your IID, like tampering with or neglecting it, you will be subject to Interlock violation consequences in Texas.

On the bright side, an IID will restore your independence on the road. Although the financial burden can be alarming initially, it could be considered a small price to pay in the grand scheme of things.

If you have the opportunity to use an Interlock Device in Texas, your next step is selecting a provider to help install and maintain it.

Handle Your First DWI The Smart Way

Being caught up in a DWI case can feel like sitting in the eye of a storm. Do you want to return to normal as quickly and smoothly as possible? Do you want to eliminate the stress, delays, and uncertainties around getting your life back on track? Join thousands of Texans in partnering with Smart Start to install their Ignition Interlock Device.

We’re the leading Ignition Interlock Program in Texas for a reason: with same-day installation, 24/7 support, low prices, and multi-lingual customer service, you can put yourself back in the driver’s seat with ease. Reach out today—our friendly team is ready to help.

Sources:

1. Texas Department of Transportation. Impaired driving and penalties – DUI/DWI. https://www.txdot.gov/safety/driving-laws/impaired-driving.html
2. Texas Impaired Driving Task Force. DWI Laws and Consequences. https://www.texasimpaireddrivingtaskforce.org/about/dwi-laws-and-consequences/
3. Texas Department of Public Safety. Ignition Interlock Device. https://www.dps.texas.gov/section/ignition-interlock-device/
4. Texas Department of Public Safety. Licensing & Registration. https://www.dps.texas.gov/section/ignition-interlock-device/licensing-registration
5. MADD. Ignition Interlock Report. https://madd.org/wp-content/uploads/2023/01/2021-Ignition-Interlock-Report-FINAL-COPY.pdf