By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist
A first DWI arrest in Texas is not a minor inconvenience. It is a Class B misdemeanor that carries real jail exposure, a mandatory fine structure, license consequences, and collateral effects that can follow you for years. At the same time, it is a charge with meaningful defense options and for many first-time defendants, the outcome depends heavily on how early and how well those options are pursued.
This piece covers what a first DWI charge actually involves in Texas, what the penalties look like if convicted, and what a real defense strategy considers.
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What Texas Law Actually Requires to Charge You With DWI
Under Texas Penal Code §49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated. Intoxication has two definitions under Texas law — and both matter.
The first is the per se definition: a blood alcohol concentration of 0.08 or higher. If a breath or blood test returns a result at or above that threshold, the state can charge you based on that number alone, without proving you were actually impaired.
The second is the impairment definition: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or any combination thereof. This means you can be arrested and charged even with a BAC below 0.08 if the officer believes your faculties were impaired. It also means drug DWI charges (including prescription or over the counter medications) fall under the same statute.
Understanding which theory the prosecution is pursuing matters for how the defense is built.
The Penalties for a First DWI Conviction in Texas
Criminal Penalties
- Class B misdemeanor, punishable by 72 hours to 180 days in jail
- Fine of up to $2,000
- Driver’s license suspension of 90 days to one year
- 24 to 100 hours of community service
- Mandatory DWI education program
- Ignition interlock device as a condition of bond and potentially as a condition of probation
The Superfine
In addition to the statutory fine, Texas Transportation Code §709.001 imposes a Superfine on final DWI convictions. For a first conviction, that amount is $3,000. If the BAC at the time of analysis was 0.15 or higher, the Superfine increases to $6,000. Critically, the Superfine applies to final convictions meaning cases that result in a jail sentence or revocation of probation. Defendants who successfully complete straight probation without revocation are generally not subject to it, and courts may waive it entirely for defendants found to be indigent.
Aggravating Factors That Elevate the Charge
- BAC of 0.15 or higher at the time of analysis elevates the offense to a Class A misdemeanor, with fines up to $4,000 and up to one year in jail
- A passenger under 15 years of age in the vehicle elevates the offense to a state jail felony, regardless of BAC
- An accident causing serious bodily injury can result in an intoxication assault charge which is a third-degree felony
What Happens After the Arrest: The Two Tracks
A Texas DWI arrest initiates two separate legal proceedings that run simultaneously and must both be addressed.
The ALR proceeding. The administrative license revocation process is triggered automatically by either a breath or blood test result at or above 0.08, or by a refusal to submit to testing. You have 15 calendar days from the date of arrest to request an ALR hearing before the State Office of Administrative Hearings. If that deadline passes without a request, your license is automatically suspended — no hearing, no contest, no recourse. The ALR hearing is also a valuable early opportunity to examine the arresting officer under oath before the criminal case proceeds to trial.
The criminal case. The criminal proceeding moves through the county court system on its own timeline. The two tracks are independent which means the outcome of one does not determine the outcome of the other.
Deferred Adjudication: What First-Time Offenders Need to Understand
Texas law does allow deferred adjudication for first-time DWI offenses under Texas Code of Criminal Procedure Art 42A.102, which took effect September 1, 2019 but it is not available to everyone, and it is not as straightforward a benefit as it may appear.
To be eligible, the offense must be a first-time DWI with BAC below 0.15 and the person cannot be a CDL holder. If those conditions are met, a defendant may enter a guilty plea in exchange for deferred adjudication probation which means if probation is successfully completed, no conviction is entered on the record.
There are significant caveats, however. The deferred adjudication requires an ignition interlock device on every vehicle the defendant drives. The arrest record remains even after successful completion unless an Order of Non-Disclosure is granted. And critically, if a second DWI charge occurs, it unseals the first, which can lead to enhanced fines and penalties for the second charge. In other words, deferred adjudication on a first DWI does not simply disappear. It can be revived and used as an enhancement if they are ever charged again.
This is one reason why fighting the charge outright rather than accepting deferred adjudication is often the better strategic decision, especially for a first offense where the evidence has vulnerabilities. A deferred adjudication accepted without fully evaluating the defense options may resolve the immediate case while leaving long-term exposure in place.
Field Sobriety Tests: Voluntary, Not Mandatory
One area where defendants are routinely misinformed: standardized field sobriety tests (the walk-and-turn, one-leg stand, and horizontal gaze nystagmus) are voluntary. You are not legally required to perform them, and refusal to do so is not a criminal offense and cannot be used against you the same way chemical test refusal can.
These tests are designed to generate observable indicators of impairment that the officer then documents and testifies about in court. They are administered roadside, often in poor lighting, on uneven surfaces, and under stressful conditions, and they are graded subjectively by the same officer who is already building a case for arrest. Understanding what they are (and what they are not) is part of building an effective defense around them when they were performed.
Case Results
What a First DWI Defense Actually Examines
A DWI defense is not a single argument. It is a systematic examination of every point in the chain of evidence. For a first offense, that typically includes:
The stop. The officer must have had reasonable suspicion to pull you over. If the reason for the stop was legally insufficient everything that followed may be suppressible. The dashcam and body camera footage are among the first things we request.
The investigation. Field sobriety test administration must follow the standardized NHTSA protocols. Deviations such as improper instructions, inappropriate surface conditions or failure to account for medical conditions go to the weight and admissibility of the officer’s observations.
The chemical test. If a breath test was administered, the Intoxilyzer 9000 records, calibration logs, observation period documentation, and operator certification are all subject to review. If a blood draw was performed, the collection tube, draw protocol, storage conditions, chain of custody, and laboratory methodology all require examination. A BAC number is not self-proving. It is the product of a process that must be evaluated.
Retrograde extrapolation. The BAC measured at the time of testing is not necessarily the BAC at the time of driving, which is the legally relevant moment. Depending on when you stopped drinking, when you were stopped, and when the test was administered, your BAC while driving may have been meaningfully different from the reported result.
The totality of the evidence. In cases where the chemical test result is borderline, or where the stop and investigation have documented weaknesses, the full picture matters. Juries decide DWI cases and they consider everything.
The Long-Term Consequences That Don’t Appear in the Penalty Table
A first DWI conviction in Texas has consequences that extend well beyond fines and probation conditions:
Professional licensing. Nurses, physicians, pharmacists, teachers, CDL holders, attorneys, and other licensed professionals face separate licensing proceedings when convicted of DWI. Boards can impose suspensions, require monitoring programs, or revoke licenses entirely. The criminal case and the licensing consequence are distinct and must both be strategized for.
Immigration. A DWI conviction can have immigration consequences for non-citizens, including potential grounds of inadmissibility or deportability depending on the specific offense and the individual’s immigration status. These consequences are separate from the criminal penalties and require careful coordination between criminal defense and immigration counsel.
Employment. Many employers conduct background checks that will surface a DWI conviction. Industries with driving requirements, security clearances, or professional conduct standards are particularly affected.
Future sentencing enhancement. A first DWI conviction is the predicate for enhanced penalties on any subsequent DWI charge. A second conviction carries mandatory minimum jail time. A third conviction is a felony. The first case is not just the first case. It is the foundation on which any future charge is built.
DWI Defense at Deandra Grant Law
Managing Partner Deandra Grant brings more than 30 years of DWI defense experience, a Master’s Degree in Pharmaceutical Science, and an ACS-CHAL Forensic Lawyer-Scientist designation to every case. That combination of legal and scientific training means your case is evaluated not just as a legal matter, but as a forensic one. Call (214) 225-7117 or visit texasdwisite.com to schedule a confidential consultation.
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