Can you avoid jail time for a first DWI in Texas?

Yes, most first-time DWI offenders in Texas avoid jail time. While a first DWI is a Class B misdemeanor carrying up to 180 days in jail, judges typically sentence first offenders to probation instead of incarceration. Probation conditions often include completing an alcohol education program, performing community service, paying fines, and submitting to random testing. Pretrial diversion programs may also be available in certain Texas counties, allowing charges to be dismissed upon completion. However, if aggravating factors exist  such as a BAC of 0.15% or higher, an accident causing injury, or a child passenger  jail time becomes more likely. An experienced first-offense DWI lawyer in Austin can advocate for probation or alternative sentencing and help you avoid a conviction on your record when possible.