A first-time DWI in Texas is a Class B misdemeanor under Texas Penal Code §49.04: up to 180 days in county jail, a $2,000 fine, and a 90-day to one-year license suspension for a BAC of 0.08% or higher.
A first DWI conviction cannot be expunged, sealed, or set aside through deferred adjudication, and you have 15 days to request an ALR hearing before your license suspends automatically.
Jorge Vela, an Austin DWI defense attorney and former Travis County prosecutor, defends first-offense cases throughout Central Texas. Call (512) 537-1237 for a free consultation, available 24/7.
What You Need to Know About a First-Time DWI Charge in Texas
A first DWI in Texas is a Class B misdemeanor under Texas Penal Code §49.04. A first DWI arrest is disorienting, and most clients walk into our office unsure how serious things really are.
(Note: DUI applies only to minors under 21; adults face DWI charges.) Below, you’ll find what counts as a first DWI, why a conviction is permanent, and which substances qualify.
What is considered a first DWI offense in Texas?
A first DWI in Texas means operating a motor vehicle in a public place while intoxicated. The state can prove this by a BAC of 0.08% or higher (per se standard) or by impairment from any substance (impairment standard). A BAC of 0.15%+ elevates the offense to a Class A misdemeanor, and an open container triggers a 6-day minimum jail sentence.
Can a first DWI be deferred or expunged in Texas?
No. Texas Code of Criminal Procedure Chapter 55 bars expungement of DWI convictions, and Texas law prohibits deferred adjudication for any DWI offense. A conviction stays on your record permanently, appears on background checks indefinitely, and enhances every future DWI arrest, whether a second DWI offense in Texas or a third DWI felony charge in Texas.
What substances can lead to a DWI charge in Austin?
In Texas, a DWI charge turns on impairment, with or without alcohol. You can be charged after taking prescription medication, smoking marijuana, or using CBD, opioids, sedatives, muscle relaxants, antidepressants, or sleep medications. Many first-time clients are stunned to be charged after taking a medication exactly as their doctor prescribed.
Why Choose Jorge Vela as Your Austin First-Time DWI Lawyer?
Jorge Vela spent seven years as a federal and state prosecutor before founding the Law Office of Jorge Vela in 2018. He served as an Assistant United States Attorney in the Southern District of Texas and as an Assistant District Attorney in Travis County and Webb County.
He has personally handled hundreds of DWI cases, including intoxicated manslaughter prosecutions. The firm holds strong Justia, Avvo, and Google ratings, with media coverage on Fox News, Scripps News, Sirius XM, and NBC DFW 5.
What does a former prosecutor know about first-time DWI cases that other lawyers don’t?
A former prosecutor knows how the Travis County Attorney’s Office builds a first-offense DWI file: which evidence carries weight, which weaknesses prosecutors worry about, and when the office is open to negotiation. For a first DWI, the goal is preserving your record, because a conviction cannot be undone. That insider lens shapes every conversation our firm has with prosecutors.
Is Jorge Vela experienced with first-offense DWI defense in Austin?
Yes. Since founding the firm in 2018, Jorge has defended hundreds of DWI cases in Travis County and Central Texas. As a prosecutor, he handled hundreds more intoxication-related cases, including intoxication manslaughter prosecutions. Past results do not guarantee future outcomes.
First-Time DWI Penalties in Texas: What You Are Facing
A first DWI carries criminal penalties under Texas Penal Code §49.04, with aggravating circumstances that push the charge to a Class A misdemeanor or state jail felony. The table below lays out the four most common scenarios. The gap between a standard and aggravated first offense is significant.
Charge Level | Triggering Condition | Penalties |
Class B Misdemeanor | Standard first offense, BAC 0.08% or impaired | 72 hours to 180 days in county jail; fine up to $2,000; license suspension 90 days to 1 year |
Class A Misdemeanor | First offense with BAC 0.15% or higher (§49.04(d)) | Up to 1 year in county jail; fine up to $4,000; license suspension 90 days to 1 year |
Class B Misdemeanor (mandatory minimum) | First offense with open container in vehicle | Minimum 6 days in jail; fine up to $2,000; license suspension 90 days to 1 year |
State Jail Felony | First offense with child passenger under 15 (§49.045) | 180 days to 2 years state jail; fine up to $10,000; additional 180-day license suspension |
How much jail time does a first DWI carry in Texas?
Jail exposure ranges from 72 hours to 180 days for a standard Class B misdemeanor, up to one year for a Class A (BAC 0.15%+), and a mandatory 6 days with an open container in the vehicle. With a child passenger under 15, the charge becomes a state jail felony carrying 180 days to 2 years.
What is the fine for a first DWI in Austin?
Statutory fines reach $2,000 for a Class B misdemeanor, $4,000 for a Class A (BAC 0.15%+), and $10,000 for a state jail felony with a child passenger. Add DPS surcharges, SR-22 insurance, IID costs, the education program, and attorney fees, and total exposure typically runs $7,000 to $25,000.
Will I lose my license after a first DWI in Texas?
Yes, in almost every first DWI case. A standard first offense carries a license suspension of 90 days to one year, with an additional 180-day suspension if convicted of the state jail felony version (DWI with a child passenger). The criminal suspension runs separately from the civil ALR suspension, which has its own 15-day clock.
How a First-Time DWI Case Is Defended in Travis County
First-offense misdemeanor DWI cases in Austin are prosecuted by the Travis County Attorney’s Office, not the District Attorney (which handles felonies). Knowing which office holds your file shapes plea negotiations and trial strategy from day one.
The Fourth Amendment requires specific, articulable facts to justify any traffic stop. Evidence collected after an unlawful stop, including field sobriety tests, breath tests, and statements, can be suppressed. Austin’s enforcement corridors (6th Street, I-35, MoPac, Lamar, Red River Cultural District) produce stops that sometimes don’t survive review.
The three NHTSA Standardized Field Sobriety Tests (horizontal gaze nystagmus, walk-and-turn, one-leg-stand) demand strict administration. Officers skip steps, give incomplete instructions, or score subjectively. Uneven pavement, poor lighting, and medical conditions also undermine results that dashcam footage often reveals.
The Intoxilyzer 9000, Texas’s breath-testing instrument, depends on calibration logs, maintenance records, and certified supervisors, all reviewable. Blood-sample chain of custody falls under Texas Forensic Science Commission oversight. A rising BAC defense, showing your level was still climbing and was below 0.08% while you were driving, can apply when the timeline supports it.
Even when dismissal isn’t realistic, the Travis County Attorney’s Office can reduce charges to obstruction of a highway passageway or public intoxication, both carrying less lasting damage.
Knowing what arguments resonate with line prosecutors separates a standard plea from a better one. We also handle jail release for clients needing bond posted; read more about our work as an Austin jail release attorney.
Can a first DWI be dismissed in Texas?
Yes, dismissal is possible. The common paths are challenging the legality of the traffic stop, attacking breath or blood test results, or showing NHTSA protocol violations in the field sobriety tests. Dismissal isn’t guaranteed, but every first-offense file should be reviewed for these challenges before anyone accepts a plea.
What is the Travis County Attorney’s Office role in first DWI cases?
The Travis County Attorney’s Office prosecutes misdemeanor first-offense DWI cases in Austin, while the District Attorney handles felonies (DWI with a child passenger and intoxication manslaughter). Knowing which office holds your file affects who you negotiate with and which courtroom you’re set in.
How does a rising BAC defense work in a Texas DWI case?
A rising BAC defense argues your blood-alcohol concentration was still climbing at the time of testing, and at the moment you were driving, your BAC was below the legal limit. Alcohol absorbs gradually, so a test taken an hour or two after the stop often registers higher than your actual level when you were behind the wheel.
The 15-Day ALR Deadline and What Happens to Your License
After a DWI arrest in Texas, two cases run in parallel: the criminal case in court, and a civil case (Administrative License Revocation, or ALR) at the Texas Department of Public Safety. The ALR runs on its own 15-day clock.
What is the 15-day ALR deadline after a DWI in Texas?
From the date of your arrest, you have exactly 15 days to request an ALR hearing with the Texas Department of Public Safety under Transportation Code §724.012. Miss the deadline and your license suspends automatically. The ALR is independent: even if criminal charges are dismissed, the license suspension proceeds unless you request the hearing in time.
What happens at an ALR hearing in Texas?
An ALR hearing is a civil administrative proceeding before the State Office of Administrative Hearings (SOAH), not a criminal trial. Under Transportation Code §724.032, it addresses reasonable suspicion to stop, probable cause to arrest, and whether you tested at 0.08%+ or refused.
The hearing also serves as discovery: the arresting officer testifies under oath months before trial.
Can I still drive after a first DWI arrest in Texas?
Yes, in many cases. An occupational driver’s license (ODL) allows you to drive for essential purposes (work, school, medical appointments, certain household responsibilities) even while a suspension is in effect. The process involves a court petition, proof of insurance (SR-22), and sometimes an ignition interlock device as a condition.
First-Time DWI Consequences Beyond the Courtroom
For most first-time clients, the deepest worry sits outside the courtroom: a job, a professional license, a visa application, or a CDL. These collateral consequences often make fighting a first DWI worth the effort.
- Employment and professional licensing: A DWI conviction can be disqualifying for driving roles, security clearances, and licensed professions like nursing, teaching, law, pharmacy, and medical work, all subject to state board review.
- Commercial Driver’s License (CDL): FMCSA regulations impose a mandatory one-year CDL disqualification for a first DWI conviction, even if you weren’t driving commercially at the time. A second conviction means lifetime disqualification.
- Insurance, SR-22, and IID: A DWI conviction triggers an SR-22 financial responsibility filing for two years and substantially higher premiums. Courts may also require an ignition interlock device (IID) on your vehicle.
- Students at UT Austin, Texas State, and Austin Community College can face disciplinary proceedings, housing restrictions, and FAFSA impacts if a drug-related offense is attached.
- Carry, travel, and weapons: A DWI affects Texas License to Carry eligibility, may pair with an Unlawful Carry of a Weapon co-charge (Texas Penal Code §46.02), and can result in denied entry to Canada.
Will a first DWI affect my job in Texas?
Yes. A DWI conviction sits on background checks indefinitely and many employers treat it as disqualifying for driving roles, security clearances, or customer-facing positions.
Licensed professionals (nurses, teachers, attorneys, pharmacists, medical personnel) also face state licensing board review, which sometimes poses a bigger threat than the criminal case itself.
Can a DWI affect my immigration status in Texas?
Yes. A DWI charge or conviction can affect visa eligibility, permanent resident status, adjustment applications, and naturalization, depending on visa category and case facts. Our firm handles both criminal defense and immigration through our criminal-immigration defense practice, so non-citizens don’t have to coordinate between two attorneys.
Will I lose my CDL for a first DWI in Texas?
Yes. Under FMCSA regulations, a first DWI conviction triggers a mandatory one-year CDL disqualification, regardless of whether you were operating a commercial vehicle at the time of your arrest. A second conviction results in lifetime CDL disqualification.
Call Jorge Vela: Austin’s First-Time DWI Defense Lawyer, Available 24/7
The 15-day ALR deadline starts the moment you’re arrested, and every day you wait narrows your options. At the Law Office of Jorge Vela, you work directly with a former prosecutor who has handled DWI cases from both sides.
Consultations are open, we answer calls 24 hours a day, and our office sits at 818A W 10th St, two blocks from the Travis County Courthouse. We represent clients across Austin, Travis County, Williamson County, Hays County, Bastrop County, Georgetown, Pflugerville, San Marcos, and Central Texas. Se habla español.