A DWI in Texas first offense is a serious criminal charge, even if it’s your first time in trouble with the law. What starts as a routine traffic stop can quickly become a criminal case, a license suspension battle, and a financial burden that follows you for years. The good news: with the right attorney fighting for you, a first offense DWI in Texas is absolutely winnable.
Mark is a perennial Super Lawyer, an ACS-CHAL Forensic Lawyer Scientist, and is the only lawyer in America who is quadruple board certified in:
Criminal Law by the Texas Board of Legal Specialization
DUI Defense by the National College for DUI Defense as approved through the American Bar Association
DUI Law by the DUI Defense Lawyers Association
Board Certified Advocate in Criminal Trial Law by the NBTA Foundation
Mark is a DWI maverick in the courtroom with 140+ Not Guilty verdicts and thousands of dismissals to his name, and he’s ready to help you make your DWI charge a thing of the past. If you’re looking for the best DWI lawyers in Houston, you need to give him a call. Have you or a loved one been arrested under suspicion of DWI? Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a consultation.
You’ve got 15 days to save your license. Choose a lawyer who can defend it.
Thiessen Law Firm is ready to protect your life.
At Thiessen Law Firm, we prioritize your peace of mind and fight to protect you from injustices. Here, you’re more than just a case number, and you don’t have to face the severity of the justice system alone. Contact us today to schedule an Administrative License Revocation hearing, save your license, and preserve your rights.
A first DWI offense is classified in Texas Penal Code 49.04 as a class B misdemeanor in Texas when your blood alcohol concentration (BAC) is between 0.08% and 0.14% and no aggravating factors are present. It is one of the most commonly charged crimes in the state and one of the most aggressively prosecuted.
One of the most common questions we get about DWIs in Texas is, “Is a DWI a felony?” The answer is: yes, when aggravating factors are involved.
Aggravating factors that escalate a first DWI charge:
BAC of 0.15% or higher. At twice the legal limit of alcohol, your charge escalates to a Class A misdemeanor with steeper fines and up to a year in jail.
Child passenger under 15. A DWI with a child passenger in the vehicle is automatically charged as a state jail felony, regardless of whether it’s your first offense.
Intoxication assault. If your DWI resulted in serious bodily injury to another person, you face a third-degree felony charge.
Intoxication manslaughter. If someone died as a result of your intoxicated driving, this is a second-degree felony — the most serious DWI charge possible.
It’s important to note that even a DWI first offense in Texas can easily escalate at the hands of over-eager prosecutors, and can include serious criminal and administrative penalties even without the presence of aggravating factors. This complexity often challenges less-experienced or lower-priced attorneys, resulting in both permanent and negative consequences for their clients.
After a first DWI arrest in Texas, you face two simultaneous battles: a criminal case and an administrative license suspension, and the clock starts immediately.
Here’s what to expect at each stage:
Immediately after arrest:
You’re taken into custody and booked at the police station
Your vehicle is impounded (expect $200–500 in towing and storage fees)
You receive a Notice of Suspension for your driver’s license
Bail is set (typically $500–3,000 for first-time DWI offenders)
You’re released after posting bail or on personal recognizance
Within 15 days:
This is your most urgent deadline. You must request your ALR hearing to contest your license suspension. Miss this window, and you lose your right to fight the suspension entirely — no exceptions, no extensions.
Within 40 days:
If you did not request an ALR hearing, your license is automatically suspended 40 days after you received your Notice of Suspension. This happens regardless of the outcome of your criminal case.
First court appearance (arraignment):
The judge formally informs you of the charges against you
You enter a plea with your attorney’s guidance (never plead guilty without consulting your lawyer first)
Bond conditions are set, and future court dates are scheduled
Discovery phase:
Your attorney obtains police reports, dashcam footage, body camera video, and breath or blood test results. Mark Thiessen and his team begin investigating weaknesses in the prosecution’s case: illegal stops, faulty testing procedures, and procedural violations.
Pre-trial motions:
Your attorney files motions to suppress illegally obtained evidence, challenges the legality of the traffic stop, contests the accuracy of field sobriety tests and chemical tests, and exposes any violations of your constitutional rights.
What happens then? Either your case is dismissed, your charges are reduced, you sign a plea agreement, or you go all the way to trial.
What happens in a first court date for DWI in Texas?
During the initial appearance, you will be informed of the charges against you and have the opportunity to enter a plea. Your DWI attorney will be able to advise you on how to plead, depending on the details of your case.
Keep in mind that pleading guilty forecloses the possibility of dismissal or acquittal, so make sure you and your attorney have discussed your options thoroughly before you plead.
Additionally, you’ve got the ALR hearing* to think about. During your ALR hearing, Mark will attempt to contest the suspension of your driver’s license. You must request this hearing within 15 days of your arrest, or you will not be eligible to save your license at all.
An ALR (Administrative License Revocation) hearing is a separate civil proceeding where your attorney fights to prevent the suspension of your driver’s license. It runs parallel to your criminal case and has its own deadlines, its own rules, and its own consequences if you ignore it.
The critical deadlines:
Breath test refusal or on-site failure: You have 15 days from your arrest to request an ALR hearing.
Blood draw cases: If you voluntarily submitted a blood sample and your BAC came back at 0.08% or above, the Texas DPS will mail you a Notice of Suspension. You then have 20 days from the date on that letter to request your hearing.
Miss either deadline and your license is automatically suspended — no exceptions, no second chances.
What Mark does at your ALR hearing:
This is where having an ALR attorney in Houston like Mark Thiessen in your corner makes all the difference. Here’s what he does:
Challenges the validity of your traffic stop. Did the officer have reasonable suspicion to pull you over? If not, the entire arrest falls apart.
Contests the accuracy of blood and breath test results. Were the machines properly calibrated? Was the test administered correctly? Were chain of custody protocols followed?
Cross-examines the arresting officer. Police make mistakes. Mark exposes inconsistencies, procedural errors, and violations of your rights.
Fights to prevent your license suspension entirely. The goal is to win your ALR hearing so you never lose your license in the first place.
If you lose the ALR hearing:
Even an unfavorable ALR result isn’t the end of the road. Your attorney can request an Occupational Driver’s License (ODL), which allows you to drive for essential purposes, including commuting to work, performing work-related tasks, attending school, transporting family members to medical appointments, and carrying out essential household duties.
At Thiessen Law Firm, we successfully obtain ODLs for virtually all of our clients who need them.
Penalties for a DWI in Texas first offense
The penalties for a first DWI in Texas go well beyond what most people expect when they’re first arrested. There are criminal penalties, administrative penalties, and long-term financial consequences that compound over time.
Standard first-offense criminal penalties (Class B misdemeanor, no aggravating factors):
A fine of up to $2,000
Between 3 days and 180 days of jail time
License suspension for up to 2 years
DWI intervention or education program
Possible ignition interlock device
Full penalty breakdown by charge level:
Offense
Charge
Fine
Jail Time
First-offense DWI
Class B misdemeanor
Up to $2,000
3 – 180 days
Second-offense DWI
Class A misdemeanor
Up to $4,000
30 days – 2 years
Subsequent DWI charges
Felony charge
Up to $10,000
2 – 10 years
First-time DWI w/ BAC 0.15% or higher
Class A misdemeanor
Up to $4,000
Up to 1 year
First-time aggravated DWI w/ child passenger
State jail felony
Up to $10,000
180 days – 2 years
Aggravated DWI with prior conviction(s)
Third-degree felony
Up to $10,000
2 – 10 years
Intoxication Assault
Third-degree felony
Up to $10,000
2 – 10 years
Intoxication Manslaughter
Second-degree felony
Up to $10,000
2 – 20 years
The real cost of a first DWI conviction in Texas:
The court-ordered fine is just the beginning. Most people are shocked by how quickly the total financial exposure adds up. On top of fines and legal fees, a first DWI conviction triggers a DPS civil fine of $3,000 (paid at $1,000 per year for three years) simply to retain your driver’s license.
If your BAC was 0.15% or higher, that civil fine rises to $6,000. Add towing fees, IID installation and monitoring, mandatory DWI education programs, increased insurance premiums, SR-22 certification costs, and a $125 license reinstatement fee, and the total cost of a first DWI conviction in Texas can easily reach $10,000 or more before attorney fees.
Can I get a first DWI in Texas dismissed?
Yes — a DWI in Texas first offense can be dismissed, and dismissal is always the best possible outcome. Common grounds for dismissal include:
Your attorney proves that the law enforcement made an illegal stop or conducted an illegal search.
Your attorney contests evidence from blood and breath tests, and proves that mistakes were made in the process.
Your attorney finds errors in the police work or finds that their story doesn’t completely add up.
Your attorney argues that there is insufficient evidence to make a conviction — remember that you are innocent until proven guilty.
What is a trial lawyer? Trial lawyers are attorneys who prepare to take your case to a judge or jury and fight. They don’t content themselves with litigating or negotiating outside of court, and would rather protect their client’s rights on the courtroom floor. Trial lawyers have a specific skill set that lends itself to taking complex cases and winning them. Judges know this, which is why they pay attention when they see a trial lawyer like Mark Thiessen’s name on a case.
What is deferred adjudication for a first DWI in Texas?
Deferred adjudication is a form of probation that allows eligible first-time DWI offenders to avoid a final conviction on their record. If you qualify and successfully complete the terms of your supervision, your case is dismissed without a conviction entering your record. It is not as good as a full dismissal, but when outright dismissal isn’t available, deferred adjudication may be the next best outcome.
Texas did not allow deferred adjudication for DWI until House Bill 3582 took effect on September 1, 2019. It is now available for qualifying first-time offenders, but the eligibility requirements are strict.
To qualify for deferred adjudication on a first DWI in Texas, you must:
Have no prior criminal history
Have a BAC between 0.08% and 0.14% (or have the 0.15% enhancement waived by the prosecutor)
Not hold a commercial driver’s license (CDL holders are ineligible)
Not have caused injury, death, or property damage to another person
What deferred adjudication requires:
If granted, you will be placed on community supervision for a period determined by the judge. Conditions typically include regular check-ins with a probation officer, an ignition interlock device on any vehicle you drive, alcohol education classes, random chemical testing, community service, and a prohibition on alcohol consumption.
What deferred adjudication does and doesn’t do:
Successfully completing deferred adjudication means no DWI conviction enters your record. After a waiting period of two to five years, you may petition the court for an Order of Nondisclosure to seal the arrest record from public view.
However, it is not expungement. Government agencies, licensing boards, and law enforcement can still see the record. And critically, a deferred adjudication DWI still counts as a prior offense. So, if you are arrested for DWI again, your charges will be enhanced as if you had a prior conviction.
This is why having an attorney who fights for outright dismissal from day one matters. If your attorney doesn’t understand deferred adjudication (or doesn’t fight hard enough to avoid the need for it), you could end up with consequences that follow you longer than you realize.
What is the Texas Second Chance Law?
The Texas Second Chance Law allows certain first-time DWI offenders to seal their criminal records through a process called non-disclosure. Record sealing means your DWI is hidden from public view: most employers, landlords, and educational institutions cannot see it during background checks. For anyone who made one mistake and wants a genuine fresh start, this is a significant protection.
Not everyone qualifies, and the process is not automatic. You must meet specific eligibility requirements, complete mandatory waiting periods, and petition the court for approval.
First DWI offense in Texas — FAQs
What’s the difference between DWI and DUI in Texas?
In Texas, DWI (Driving While Intoxicated) applies to adults 21 and over with a BAC of .08% or higher, while DUI (Driving Under the Influence) applies ONLY to minors under 21 with ANY detectable amount of alcohol. A first offense DWI in Texas can result in up to 180 days in jail and fines up to $2,000, while a first DUI for minors typically results in fines up to $500, community service, and license suspension.
Is jail time mandatory for a first DWI in Texas?
No, jail time is not mandatory for most first-time DWI offenders in Texas. While the law allows for up to 180 days in jail, judges frequently suspend or probate this sentence — especially with an experienced attorney like Mark Thiessen.
How long does a first DWI stay on my record in Texas?
A DWI conviction stays on your criminal record permanently in Texas unless you take action to seal it under the Second Chance Law. However, if your case is dismissed or you complete deferred adjudication successfully, you may qualify to have your record sealed or expunged — which is why fighting for the best outcome with Mark Thiessen from day one is critical.
Will I lose my job over a first DWI?
Not necessarily — many first-time DWI offenders keep their jobs, especially when they act quickly to protect their license. Mark Thiessen fights to win your ALR hearing or obtain an Occupational Driver’s License that allows you to drive to work. Most employers won’t know unless your job requires driving or professional licensing.
What if I get a DWI with a CDL?
A first DWI is especially serious for commercial driver’s license holders. CDL holders are not eligible for deferred adjudication, face automatic disqualification from operating a commercial vehicle for one year following a first DWI conviction, and may face career-ending consequences even when driving a personal vehicle at the time of the arrest.
If you hold a CDL, contact Mark Thiessen immediately. The stakes are significantly higher and the options more limited without fast, experienced intervention.
Should I hire a DWI attorney for my first offense in Texas?
Absolutely, yes. The consequences of a conviction (permanent criminal record, thousands in fines, license suspension, and potential jail time) far outweigh the cost of experienced legal representation. Mark Thiessen’s 140+ Not Guilty verdicts and hundreds of dismissals prove that specialized expertise makes the difference between a conviction that follows you for life and a dismissal that protects your future.
Arrested under suspicion of a DWI in Texas first offense? Thiessen Law Firm can help.
Fighting your first DWI in Texas is a scary experience. Especially since many first-time offenders have never been in trouble with the law before, they don’t know where to turn for legal advice throughout the process. Our Houston DWI legal team is passionate about helping you understand the process in its entirety, helping you understand your rights as a citizen, and fighting like hell to make sure you’re protected.
We know how to beat a DWI in Texas. We already have thousands of DWI victories and are winning more for our clients every day. If you’ve found yourself facing a DWI in Texas first offense, call Thiessen Law Firm today at (713) 864-9000 or contact us online to schedule a consultation.
Testimonial for a DWI in Texas First Offense
Don’t take our word for it, we fight for our clients’ freedom every day. Hear from Lisa about how we helped her win a dismissal of her DWI charge.
“My case is now dismissed and I can finally put this all behind me: I am a professional business leader part of a Fortune 1,000 company. A year and a half ago my mother had just been diagnosed with stage four ovarian cancer. At 8 pm on a Thursday night my stepdad called and told me that she had been rushed to the medical center. I made a terrible decision!! To get in my car to be there for my mother. I was pulled over and charged with Driving while intoxication…”
