First DWI Offense in Texas

You need an aggressive Houston DWI attorney

The confusion and fear following charges for a DWI in Texas first offense are real — and so are the potential consequences. Texas takes drinking and driving seriously, with some of the toughest DWI laws in the nation. But before you give up the fight, understand that a skilled attorney can identify weaknesses in the state’s case against you and fight to protect your rights, freedom, and future.

So, what exactly are you up against? In Houston, a driver convicted of a first DWI may face:

• Fine up to $2,000
• 3 to 180 days in jail
• License suspension for 1 year

At Thiessen Law Firm, we’ve helped thousands of Texans beat their DWI charges and move forward with their lives. Mark Thiessen is a Triple Board-Certified DWI specialist with a proven track record of securing Not Guilty verdicts and case dismissals. Your future is too important to leave to chance — call Thiessen Law Firm today at (713) 864-9000 or contact us online to start fighting for your rights.

Thank you, Mark, for saving my career.

I’m in medical sales, so when I was wrongly accused and my career was on the line, I called the best: Mark Thiessen. Mark came highly referred to me from my friends. After reading his reviews on line and meeting him in his office, I knew I could trust Mark to fight for me. Every time he walks in the court the DAs, Judge and staff all greet him. I was honestly proud that was my lawyer when he came in.

Posted by Beau
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What to expect after a DWI in Texas?

Getting charged with a first-time DWI in Texas kicks off a legal process with multiple moving parts. From the moment those flashing lights appear to months after your arrest, you’ll need to navigate a system designed to punish you. Here’s what’s coming your way and how to prepare for it:

1. Arrest and booking. After you’re pulled over under suspicion of DWI, whether you fail a breath test or a sobriety test, officers will cuff you, take you to jail, and put you through the booking process. This means fingerprints, mugshots, and several hours (or overnight) in a holding cell until you’re able to post bail — which can range from $500 to $2,000 for a DWI in Texas first offense, depending on the county and circumstances.
2. License suspension. Within 15 days of your arrest, you must request an Administrative License Revocation (ALR) hearing, or your license will be automatically suspended. This civil proceeding is completely separate from your criminal case and determines whether the DPS can suspend your driving privileges before you’re even convicted of anything. If you miss this deadline, you’ll lose your license regardless of what happens with your criminal case.
3. Court appearances. What happens on the first court date for DWI in Texas? Your initial court appearance, called an arraignment, is where you’ll enter a plea of guilty, not guilty, or no contest. This is just the beginning of what could be several court dates spread across months. Your case may then bounce between status conferences and pre-trial hearings before reaching a resolution — whether that’s dismissal, plea deal, or trial.
4. DWI education and intervention programs. The court may order you to complete a DWI education program within 180 days of your probation starting. Some judges might also require evaluation for alcohol dependency and additional treatment programs, depending on your BAC level. These programs cost money and take time, but skipping them can result in additional penalties, including license suspension.
5. Increased insurance costs. A DWI conviction triggers the need for SR-22 insurance — a certificate of financial responsibility that shows you meet Texas minimum liability requirements. Your insurance premiums could double or triple after a DWI, costing you thousands of extra dollars over the next several years. Some providers may drop you entirely, forcing you to find coverage with high-risk insurers.
6. Ignition interlock device installation. The court may order an ignition interlock device installed in your vehicle, which prevents your car from starting if it detects alcohol on your breath. You’ll pay for installation (around $100), monthly maintenance fees (about $75-100), and any required calibrations. This embarrassing reminder of your DWI can remain mandatory for months or even years.

If you’re facing charges for a DWI in Houston, you need to understand that many of these consequences only come into play if you’re actually convicted of DWI. With skilled legal representation from Thiessen Law Firm, you may be able to avoid conviction entirely through dismissal, reduction to a lesser charge, or a not guilty verdict at trial. The best way to deal with these consequences isn’t to navigate them — it’s to fight the charge with everything you’ve got.

For more information on our services and how our Houston DWI attorneys can help you, call 713.864.9000. We are available 24/7 and offer a free consultation to help you get started.

What is the punishment for a first DWI in Texas?

First-time DWI offenders often mistakenly believe they’ll get off with a slap on the wrist, but Texas law ensures that even your first offense comes with punishments that can impact your life for years to come. Here’s what you could be facing if convicted of a DWI in the Lone Star State:

Offense	Charge	Jail Term Range	License Suspension	Fines
DWI First Offense	Class B Misdemeanor	3 days – 180 days	90 days – 1 year	Up to $2,000
DWI First Offense with a BAC Greater Than .15	Class A Misdemeanor	30 days – 1 year	180 days – 2 years	Up to ​​$4,000
DWI Second Offense	Class A Misdemeanor	30 days – 1 year	180 days – 2 years	Up to ​​$4,000
DWI Third Offense	Third Degree Felony	2 – 10 years	180 days – 2 years	Up to $10,000
DWI w/ a Child in the Car	State Jail Felony	180 days – 2 years	Up to 180 days	Up to $10,000
Intoxication Assault	Third Degree Felony	2 – 10 years	180 days – 2 years	Up to $10,000
Intoxication Manslaughter	Second Degree Felony	2 – 20 years	180 days – 2 years	Up to $10,000

Additional punishments for all charges can include:

• Probation
• DWI intervention or education programs
• Possible ignition interlock device
• Community service hours
• Annual license renewal surcharge for 3 years at an annual fee of between $1,000 – $2,000
• Increased auto insurance premiums

These penalties aren’t just theoretical; they happen to real people every day across Texas. The good news? A skilled DWI lawyer can challenge every aspect of your case, from the legality of the traffic stop to the accuracy of breath or blood tests.

Continue reading: Is DWI a felony in Texas?

What is an aggravating factor for a DWI first offense?

A first-time DWI in Texas is already serious business, but certain circumstances can turn a standard DWI into something much worse. The following “aggravating factors” can dramatically increase the penalties you’re facing, turning what might have been a Class B misdemeanor into felony charges or considerable jail time.

• BAC tests at 0.15 or higher
• Having an open alcoholic beverage in your vehicle during a DWI stop
• DWI with child passenger under 15 years old
• Your alleged intoxication leads to a collision
• Refusing chemical tests
• Combining excessive speed or reckless driving behaviors with intoxication

Can you avoid jail time for first DWI in Texas with aggravating factors? Don’t make the mistake of thinking these aggravating factors mean you should just plead guilty and take whatever punishment comes your way. 

Every piece of evidence, every police procedure, every test result can be challenged, but only if you have an attorney who knows exactly what to look for. Mark Thiessen has built his reputation dismantling “open-and-shut” DWI cases that other lawyers wouldn’t touch.

How we fight for first DWI offenders in Houston, TX

With breath and blood test evidence, not to mention field sobriety test results, beating a DWI charge might seem impossible. But here’s the truth: these tests aren’t the bulletproof evidence the state wants you to believe they are. 

At Thiessen Law Firm, we’ve torn apart countless DWI cases by exposing faulty breath test calibrations, blood testing errors, and officers who couldn’t properly administer a field sobriety test if their jobs depended on it (which they should). We don’t just know the science behind these tests — we’re obsessed with it. 

That’s how we’ve racked up over 100 Not Guilty verdicts when other lawyers were pushing their clients to plead guilty. The state’s evidence might look intimidating, but we’ve seen it all before, and we’ve beaten it before. If anyone knows how to get a DWI dismissed, it’s us.

We ask the right questions.

Most attorneys look at DWI evidence and start talking plea deals. At Thiessen Law Firm, we see opportunities where others see dead ends. Our approach starts with questioning everything about your case, because we’ve learned that’s where the path to victory begins.

• Did the arresting officer have probable cause to pull you over in the first place?
• Were you read your Miranda rights?
• What factors influenced the validity of blood/breath test results?
• Should breath/blood test evidence be rendered inadmissible?

These aren’t just hypothetical questions; they’re the exact lines of questioning in court that have won our clients their freedom. While other attorneys might glance at your BAC results and start negotiating your surrender, we’re analyzing the maintenance records of the breath test machine, reviewing the qualifications of the blood analyst, and scrutinizing every second of roadside footage. 

The state’s case against you is only as strong as its weakest link, and Mark Thiessen has made a career out of finding those weak links and shattering them in front of judges and juries across Texas.

We know how to challenge DWI charges.

Most lawyers will tell you a DWI with failed tests is unbeatable. We’re not most lawyers. At Thiessen Law Firm, we’ve developed battle-tested defense strategies that have secured thousands of dismissals and hundreds of Not Guilty verdicts for our clients. Here’s how we fight for you:

• Fighting blood and breath tests with science. Breath tests can be wildly inaccurate due to poor calibration, operator error, or mouth alcohol (Which is why we say the “Do Not Blow” advice is bogus). Blood tests aren’t foolproof either, with problems in storage, testing procedures, and chain of custody. As an ACS-CHAL Forensic Lawyer-Scientist, Mark Thiessen speaks the language of these tests and knows exactly how to expose their flaws to judges and juries.
• Defending your rights during traffic stops and beyond. From illegal stops and unlawful searches to violations of your Miranda rights, police mistakes can be your ticket to freedom. We’ve gotten cases thrown out when officers drew blood without proper warrants or failed to follow proper procedures. If your rights during a traffic stop were violated at any point, we’ll make it the centerpiece of your defense.
• Establishing time of intoxication and fault. The state must prove you were intoxicated at the exact time you were driving, not an hour later when they tested you. In accident cases, they also must prove the crash was your fault. We’ve won numerous cases by creating reasonable doubt about when intoxication occurred or by proving our client wasn’t responsible for the collision.

Our reputation precedes us, and for good reason. Thiessen Law Firm isn’t just another criminal defense firm; we’re the DWI defense team in Texas. 

Whether it’s getting a first DWI in Texas dismissed or fighting for deferred adjudication, we know how to win. Mark Thiessen has earned his place as one of the most feared DWI attorneys in Texas courtrooms. Prosecutors know exactly what they’re up against when his name is on a case.

When you hire us, you’re not just getting a lawyer. You’re getting a team that’s strategic, relentless, and backed by top forensic experts, former prosecutors, and accident reconstructionists — each dedicated to tearing apart the case against you and protecting your future.

Facing a charge for DWI in Texas first offense? Work with Mark Thiessen, a Triple Board Certified DWI lawyer in Houston.

If you’ve been arrested for DWI, an aggressive defense is your only option if you want to avoid a conviction and significant penalties. Thiessen Law Firm is committed to fighting for our clients across the greater Houston area, and we have a track record of success that can’t be beat. 

Backed by Triple Board Certified DWI specialist Mark Thiessen’s expertise in DWI law, breath and blood testing, field sobriety tests, local courts, and case law, we know exactly how to approach a case with each client’s best interests in mind. We will not settle for anything less than the best result possible.