Being charged with a DWI in Texas first offense can be downright scary. Yet, it all too often starts out like any other night. Your coworker invites you out for a drink after work. One drink turns into two drinks and two drinks quickly turn into four…
Before you know it, Happy Hour has turned into a couple of hours out on the town, and you’re somewhere between buzzed and drunk. You tell yourself your house is just a few blocks down the road and that you don’t want to deal with getting your car tomorrow, or that you didn’t have that much to drink and you decide to drive home. Your journey, however, is short-lived. The police pull you over and in the blink of an eye, you’re facing your first DWI in Texas. What do you do?
Mark Thiessen is here to tell you. Mark is a winning trial lawyer, 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 to his name, and he’s here to fill you in on what to expect after a DWI in Texas, and what you can do to protect your freedom. If you or a loved one has been arrested under suspicion of DWI, call Thiessen Law Firm today at (713) 864-9000 or contact us online for a consultation.
Charges for a DWI in Texas first offense
One of the most common questions we get about DWIs in Texas is, “Is a DWI a felony?” and the answer is: sometimes.
Fortunately, first-offense DWI charges are usually filed as class B misdemeanors in Texas, however, there are a few ways in which your first DWI offense can be aggravated and upgraded to a class A misdemeanor or felony:
- Your blood alcohol content was over 0.15%. If your BAC is twice the legal limit of alcohol or more, you will receive a steeper charge.
- You were pulled over with a child passenger in the car. A passenger for DWI with a child passenger is anyone under the age of 15.
- Your DWI resulted in the injury of another party. Also known as intoxication assault, injury of another party is an incredibly serious DWI charge.
- Your DWI resulted in the death of another party. Also known as intoxication manslaughter, the death of another person will incur the most serious DWI charge (and penalties) 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.
Continue reading: What is the difference between DUI and DWI in Texas?
What happens after you get a Texas DWI first offense?
Your first DWI offense in Texas can begin with a false sense of security. You may even feel shocked that there was enough cause to arrest you for DWI. But what often feels like a routine traffic stop is usually anything but — officers are trained to book you for DWI, not to determine whether it would be fair to arrest you, and they look for the smallest signs of impairment.
Standardized field sobriety tests in Texas are designed to be failed, and there are critical rights police don’t want you to know that can make or break your case (hint: you can — and should — plead the Fifth). Knowing what to expect after a DWI arrest in Texas can help you make better decisions, protect your rights, and avoid costly mistakes.
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:
- You MUST request your ALR hearing to save your license
- Contact an experienced DWI attorney like Mark Thiessen immediately
- Miss this deadline, and you lose your right to contest your license suspension
Within 40 days:
- If you didn’t request an ALR hearing, your license is automatically suspended
- This happens regardless of whether you’re convicted of the criminal charge
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
- Future court dates are scheduled
Discovery phase:
- Your attorney obtains police reports, dashcam footage, body camera video, and breath test results
- Mark Thiessen and his team begin investigating weaknesses in the prosecution’s case
- We look for illegal stops, faulty testing procedures, and procedural violations
Pre-trial motions:
- Your attorney files motions to suppress illegally obtained evidence
- We challenge the legality of the traffic stop
- We contest the accuracy of field sobriety tests, breathalyzers, and blood tests
- We expose 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?
The first court date following a DWI arrest is absolutely crucial. 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 in the hope of getting a reduced sentence will keep your case from being dismissed and keep you from being acquitted, so make sure that you and your attorney have discussed things extensively before you plead.
Additionally, you’ve got the ALR hearing* to think about. During your ALR hearing, your attorney 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.
*Learn more about your chances of winning an ALR hearing in Texas
How does an ALR hearing work?
When you’re arrested for DWI in Texas, you’re facing two separate battles: criminal charges in court AND administrative license suspension through the Texas Department of Public Safety.
Correctly handling the ALR process could mean the difference between keeping your license and losing your ability to drive to work, school, and take care of your family.
The critical timeline:
- Days 1 – 15: You have exactly 15 days from your arrest to request an ALR hearing. This is not negotiable. Miss this deadline, and your license is automatically suspended — no exceptions, no extensions, no second chances.
- Day 40: If you don’t request a hearing within those first 15 days, your suspension begins 40 days after receiving your Notice of Suspension. At that point, you’re out of options.
What happens at the ALR hearing:
This is where having an attorney like Mark Thiessen in your corner makes all the difference. The ALR hearing is a separate civil proceeding where your attorney fights to prevent your license suspension.
Here’s what Mark 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 if the ALR hearing doesn’t go your way, all is not lost. Your attorney can request an Occupational Driver’s License (ODL), which allows you to drive for specific purposes including:
- Driving to and from work
- Driving for work-related tasks
- Attending school or educational programs
- Transporting yourself or family members to medical appointments
- Performing essential household duties
At Thiessen Law Firm, we successfully obtain ODLs for virtually all our clients who need them, ensuring that a DWI arrest doesn’t cost you your job or ability to care for your family.
Penalties for a DWI in Texas first offense
DWI penalties, even for a first offense, will vary greatly depending on the circumstances of your arrest. With no aggravating factors present, you will likely be looking at the following criminal penalties:
- 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
However, if any aggravating factors are present, you can expect steeper penalties. A full breakdown of possible DWI penalties is as follows.
| 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 |
Whether it’s a DWI in Texas first offense or intoxication manslaughter, the Texas judicial system works hard to ensnare anyone close to a DWI. Many citizens fighting their first DWI in Texas do not realize they’re fighting two battles.
In addition to criminal penalties, there are also a number of administrative penalties (formally called Administrative License Revocation Penalties) that could add up and further suspend your license if you do not hire a strong defense attorney.
Can I get a first DWI in Texas dismissed?
You can get a DWI in Texas 1st offense dismissed — with the right attorney. Some of the common ways that DWI cases in Texas are dismissed 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.
Remember that your chances of dismissal of DWI in Texas are greatly improved if you hire an attorney who knows how to fight for your rights in a court of law and expose any mistakes made by law enforcement or the prosecution. If you want to win your DWI case, you need a trial lawyer.
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 the Texas Second Chance Law?
One of the most important developments in Texas DWI law is the Second Chance Law, which allows certain first-time DWI offenders to seal their criminal records. This is a game-changer for people who made one mistake and want a genuine fresh start. Record sealing (also called “non-disclosure”) means your DWI is hidden from public view — most employers, landlords, and educational institutions cannot see it during background checks.
This is a game-changer for people who want a genuine fresh start and the ability to move forward without a DWI haunting their career, housing, and educational opportunities. However, not everyone qualifies, and the process isn’t automatic. You must meet specific eligibility requirements, complete waiting periods, and petition the court for approval.
This is exactly why hiring the right attorney from day one matters so much. If your attorney doesn’t understand the Second Chance Law or doesn’t fight for deferred adjudication from the start, you could be stuck with a permanent conviction on your record that follows you for life.
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.
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 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.
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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 has just 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..” – Lisa. Continue reading the full testimonial.
