← Back to the Texas DWI Defense Guide.

The default: Class B misdemeanor

A first DWI in Texas is a Class B misdemeanor under Tex. Penal Code § 49.04(b). The statutory range:

  • Jail: minimum 72 hours, maximum 180 days
  • Fine: up to $2,000
  • Both can be imposed together; probation is a separate sentencing option

The 72-hour "shock" jail minimum is statutory — even on a fully agreed plea with no aggravating factors, the court must order at least 72 hours of confinement.

Elevated to Class A at 0.15+ BAC

Tex. Penal Code § 49.04(d) elevates the offense to Class A misdemeanor when the analyzed BAC was 0.15 or higher at the time of testing. Class A range:

  • Jail: up to 1 year
  • Fine: up to $4,000

"At the time of testing" — not at the time of driving — is what matters under the statute. BAC can rise after the stop while the body continues absorbing alcohol; this distinction is litigated in cases where the 0.15 result came an hour or more after the actual driving.

Open container present in vehicle

Tex. Penal Code § 49.04(c) raises the minimum jail term to 6 days when an open container of alcohol was present in the vehicle at the time of the offense. The Class B/A classification doesn't change; only the floor on jail time moves up.

Probation as the typical first-offense disposition

Most first DWI cases in Texas resolve via guilty or no-contest plea with probation (formally "community supervision"). Probation conditions almost always include:

  • DWI Education program — 12 or 32 hours depending on offense level (Tex. Code Crim. Proc. art. 42A.402)
  • Community service hours
  • No alcohol or controlled substances during the supervision period
  • Regular check-ins with a probation officer
  • Random urinalysis
  • Possible ignition interlock device (required at 0.15+ BAC under Tex. Code Crim. Proc. art. 17.441)
  • Driver Responsibility Program fees and surcharges under the Texas DPS framework

Probation is NOT deferred adjudication for DWI — Texas explicitly excludes DWI from deferred adjudication under Tex. Code Crim. Proc. art. 42A.102(b). A successful probation completion leaves a final conviction on the record.

License suspension

A DWI conviction triggers a DPS license suspension under Tex. Transp. Code § 521.342, separate from any ALR suspension that ran during the case. Suspension length depends on prior convictions and other factors but typically runs 90 days to 1 year for a first offense.

The ALR suspension (from refusal or failure of the breath/blood test) runs concurrently or consecutively depending on case facts — your attorney can structure the timing. An occupational license under Tex. Transp. Code Chapter 521 Subchapter L is available to drive to work, school, and essential errands during suspension.

State surcharges and DPS fees

Texas repealed its mandatory Driver Responsibility Program surcharge in 2019, but DWI convictions still trigger:

  • A state DPS reinstatement fee under Tex. Transp. Code § 521.427
  • State court costs (Tex. Gov't Code Chapter 51) added to the criminal fine
  • Probation supervision fees if probated
  • Ignition interlock installation, monthly monitoring, and removal fees (if ordered)

The cumulative cost of a "simple" first DWI commonly exceeds the headline maximum fine when all the surcharges, supervision fees, and interlock costs are added. Insurance premiums also rise sharply for 3 to 5 years post-conviction.

Collateral consequences

A DWI conviction is rarely "just" a misdemeanor. Common collateral effects:

  • Employment: commercial driver's license (CDL) holders face career-ending consequences from any DWI conviction.
  • Professional licensing: medical, legal, real-estate, financial, and security-clearance licensing boards may take action.
  • Immigration: a DWI conviction can be a "crime involving moral turpitude" in some scenarios with serious immigration consequences.
  • Background checks: employer, landlord, and volunteer-organization background checks surface the conviction for decades.
  • Insurance: auto insurance premiums increase substantially; some carriers may decline coverage entirely.

Sealing the record later

Texas added nondisclosure for first-DWI convictions in 2017 (Tex. Gov't Code § 411.0731). After successful probation completion and a waiting period (2 years if interlock was required, 5 years otherwise), a qualifying first DWI (BAC under 0.15, no accident with injury) can be sealed from public access. Law enforcement, courts, and certain agencies retain access. See our spoke on DWI nondisclosure and expungement.

Bottom line

A first DWI in Texas, even probated, is a permanent conviction with cascading collateral consequences. The statutory penalties (jail + fine) are only the visible part — the cumulative cost of fees, surcharges, insurance increases, and license consequences typically exceeds the criminal fine many times over. Consult a Texas-licensed criminal defense attorney immediately after a DWI arrest, especially given the 15-day ALR deadline that runs in parallel.

Related guides

← Back to the Texas DWI Defense Guide.