What Happens After A First-Time DWI Arrest In Texas?

What Happens After A First-Time DWI Arrest In Texas?

Being arrested for a first-time DWI in Texas is an overwhelming experience. Many of our clients in Galveston and Houston tell us the same thing—they didn’t realize how quickly a routine traffic stop could escalate into handcuffs, a night in jail, and a permanent mark on their record. Texas prosecutors take driving while intoxicated extremely seriously, and the penalties can affect every part of your life, from your driver’s license to your employment opportunities.

As defense attorneys, we know what’s at stake after that first arrest. The law is strict, the process moves fast, and prosecutors will push hard to convict. But a first-time DWI does not automatically mean you will lose your freedom or your future. With the right strategy, we can attack the evidence, challenge the arrest, and fight for an outcome that limits or even eliminates the damage.

The Definition Of A First-Time DWI In Texas

Under Texas Penal Code § 49.04, a person commits the offense of driving while intoxicated if they operate a motor vehicle in a public place while intoxicated. “Intoxicated” means either:

• Having a blood alcohol concentration (BAC) of 0.08% or more, or
• Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.

A first-time DWI is a Class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension. If your BAC is 0.15% or higher, the charge increases to a Class A misdemeanor with penalties up to one year in jail and a $4,000 fine.

The Arrest Process And Immediate Aftermath

When you are pulled over and suspected of DWI, the officer will likely ask you to perform field sobriety tests and may request a breath or blood test. Refusing these tests triggers an automatic license suspension under the Texas “implied consent” law, Texas Transportation Code § 724.011.

After arrest, you will be taken to jail, booked, and given a bond hearing. From there, the clock starts ticking. You have only 15 days to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver’s license. Miss that deadline, and your license will be automatically suspended for up to 180 days, even before your criminal case is resolved.

Criminal Penalties For A First-Time DWI

The consequences of a first-time DWI conviction in Texas can include:

• Jail time from 3 to 180 days
• Fines up to $2,000 (or $4,000 with a BAC of 0.15% or higher)
• Driver’s license suspension from 90 days to one year
• DWI education program requirements
• Possible ignition interlock device installation

Texas also imposes annual surcharges on your driver’s license for three years after a conviction. These surcharges can cost hundreds of dollars each year.

Collateral Consequences Beyond The Courtroom

A first-time DWI conviction creates a permanent criminal record. Employers, landlords, and schools can see it on background checks. Professional licensing boards can also impose sanctions. For non-citizens, immigration status may be jeopardized.

The damage goes far beyond fines and jail time—it can disrupt careers, financial stability, and family relationships. That is why fighting aggressively from the start is critical.

Defense Strategies We Use In First-Time DWI Cases

Every DWI case has weaknesses if you know where to look. As defense lawyers, we scrutinize every detail, including:

• Was there probable cause for the traffic stop?
• Were field sobriety tests administered correctly?
• Was the breath or blood test equipment properly maintained and calibrated?
• Did the officer follow constitutional requirements during the arrest?

If law enforcement violated your rights or mishandled evidence, we move to suppress that evidence. Even in cases where the BAC seems overwhelming, we negotiate strategically to reduce charges, secure probation, or pursue deferred adjudication where appropriate.

Alternatives To Jail For First-Time Offenders

Texas courts recognize that first-time offenders deserve options. Depending on the facts, you may qualify for probation, community service, alcohol education classes, or ignition interlock installation instead of jail time. Under the Texas Code of Criminal Procedure Art. 42A.401, judges have discretion to impose community supervision (probation) as an alternative to incarceration.

Deferred adjudication is another potential option, allowing you to avoid a formal conviction if you comply with strict conditions. This is not automatic—you need skilled counsel to persuade the judge and prosecutor that you deserve this path.

Why Legal Representation Matters Immediately

Prosecutors know how to pressure defendants into guilty pleas. Without legal counsel, you risk accepting terms that could haunt you for years. We step in immediately to:

• Demand the ALR hearing to protect your license
• Review the evidence for constitutional violations
• Challenge test results
• Push back against prosecutorial overreach
• Fight for alternatives that keep you out of jail and protect your future

We do not back down in negotiations or in the courtroom. Our job is to keep you from being railroaded by a system designed to convict.

Texas DWI Frequently Asked Questions

What Happens To My License After A First-Time DWI Arrest In Texas?

Your license is immediately at risk. Refusing a breath or blood test triggers a 180-day suspension. Failing the test results in a 90-day suspension. You must request an ALR hearing within 15 days of your arrest to fight the suspension. If you win, you keep your license; if you lose, you may qualify for an occupational license that allows limited driving.

Can I Go To Jail For A First-Time DWI?

Yes. A first-time DWI carries a minimum of 3 days in jail and up to 180 days, though many first offenders can avoid serving the full sentence through probation or other negotiated outcomes. If your BAC is 0.15% or higher, the maximum jail time increases to one year.

Will A First-Time DWI Stay On My Record Forever?

Yes, unless you qualify for and successfully complete a pre-trial diversion (if available). A standard DWI conviction cannot be expunged in Texas. It will remain on your criminal record for life and can enhance penalties for any future DWI charges.

What Is Deferred Adjudication For DWI In Texas?

Deferred adjudication is a type of probation where you plead guilty or no contest, but the court does not enter a conviction if you successfully complete all conditions. This option became available for certain first-time DWI cases under changes to Texas law in 2019. It does not erase the arrest, but it avoids a conviction and you may be eligible for a non-disclosure which would seal the record from the public..

How Much Will A First-Time DWI Cost Me?

The financial consequences can be severe. Beyond fines of up to $2,000 (or $4,000 for high BAC), you may face annual license surcharges, court costs, probation fees, ignition interlock expenses, and increased insurance premiums. The true cost can easily reach $10,000 or more.

Can I Refuse A Breath Or Blood Test?

You can refuse, but Texas has an implied consent law. Refusal leads to automatic license suspension. Police can also obtain a warrant to draw your blood without your consent. Refusal may limit evidence, but it comes with immediate consequences.

Do I Need A Lawyer For A First-Time DWI?

Absolutely. Without legal representation, you risk losing your license, serving unnecessary jail time, and ending up with a permanent record. A skilled DWI lawyer can challenge evidence, negotiate better terms, and protect your rights.

How Soon Should I Contact An Attorney After A DWI Arrest?

Immediately. You have only 15 days to request the ALR hearing, and early intervention gives us more opportunities to gather evidence, interview witnesses, and attack the State’s case. The sooner we are involved, the stronger your defense will be.

Will My Job Be Affected By A First-Time DWI?

Possibly. Employers may terminate employees with criminal convictions, especially if driving is part of the job. Professional licensing boards also review DWI convictions. By fighting for deferred adjudication or reduced charges, we work to protect your career.

What If I Am Not A U.S. Citizen?

DWI convictions can have immigration consequences, especially for non-citizens seeking visas, green cards, or naturalization. A conviction may be viewed as a crime of moral turpitude in some circumstances. Immigration-safe plea bargaining is essential.

Call Mark Diaz & Associates For An Aggressive DWI Defense

At Mark Diaz & Associates, we fight aggressively for clients arrested for DWI in Galveston and across Houston. A first-time DWI is serious, but it does not have to define your life. We attack weak evidence, challenge the State at every turn, and fight relentlessly to protect your freedom and your future.

If you or someone you know has been arrested for a first-time DWI, contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. Our office is based in Galveston, and we represent clients throughout the city of Houston and across Texas. Put proven defense lawyers in your corner before prosecutors build their case against you.