What Are the Consequences of a First-Offense DWI in Texas?
If you’ve been arrested for a first-time DWI (Driving While Intoxicated) in Texas, you’re likely feeling overwhelmed — and wondering what comes next.
Here’s what you need to know about the legal consequences of a first-offense DWI, especially if your case is in Smith County or the greater Tyler, TX area.
What Qualifies as a DWI in Texas?
Under Texas Penal Code § 49.04, you can be charged with DWI if:
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You were operating a motor vehicle in a public place while intoxicated,
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Meaning you lacked normal use of mental or physical faculties due to alcohol, drugs, or a combination,
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Or your blood alcohol concentration (BAC) was 0.08% or higher.
Even if it’s your first time, Texas takes DWI charges seriously.
First-Offense DWI: Criminal Penalties
A first-time DWI is usually classified as a Class B misdemeanor, but penalties can vary depending on your BAC level.
Standard First DWI (BAC < 0.15)
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Up to 180 days in jail (mandatory 3-day minimum)
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Up to $2,000 fine
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Driver’s license suspension for 90 days to 1 year
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DWI education program required
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Possible community service (24 to 100 hours)
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Possible ignition interlock device (IID)
First DWI With BAC ≥ 0.15
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Upgraded to a Class A misdemeanor
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Up to 1 year in jail
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Up to $4,000 fine
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Greater likelihood of mandatory IID
Administrative Penalties (Separate from Criminal Case)
Even before your criminal case is resolved, Texas can suspend your license through a separate ALR (Administrative License Revocation) process.
If you fail or refuse a breath/blood test:
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90-day to 180-day license suspension
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Must request an ALR hearing within 15 days of arrest to fight the suspension
Long-Term Consequences of a First DWI
A DWI conviction doesn’t just go away. Long-term effects may include:
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Permanent criminal record
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Higher insurance premiums
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Difficulty with employment, especially jobs involving driving or security
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Limited access to housing or professional licensing
Even a first offense can impact your life in serious ways.
Can You Get Probation for a First DWI in Texas?
Yes. Many first-time DWI offenders in Smith County may be eligible for probation (also called community supervision) instead of jail time. Probation often includes:
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Regular check-ins with a probation officer
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Drug and alcohol testing
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Completion of a DWI education program
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Community service
In some cases, you may also qualify for a pretrial diversion program or deferred adjudication (though deferred is only allowed for DUI, not DWI under current Texas law).
Talk to a Criminal Defense Attorney Right Away
A DWI arrest isn’t a conviction — but your window to act is short. An experienced defense lawyer can help you:
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Request an ALR hearing
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Protect your license
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Fight the charges
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Explore alternatives to jail, such as probation or reduction to a lesser charge
Cheryl is a DWI Lawyer in Tyler, Texas.
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469
