Texas DWI First Offense: Penalties, Fines, and What to Expect

A first driving while intoxicated (DWI) charge in Texas is usually a Class B misdemeanor, but the consequences run past the criminal case into fines, a driver’s license suspension, and costs that arrive months apart. This article covers how Texas classifies a first offense, what a conviction can cost, what happens to a license, and the order in which events unfold after an arrest. It is one part of the wider set of rules explained in Texas traffic tickets and driver options.

What counts as a first DWI in Texas

A person commits DWI by being intoxicated while operating a motor vehicle in a public place, under Tex. Penal Code § 49.04. “Intoxicated” has two definitions in Tex. Penal Code § 49.01: not having the normal use of mental or physical faculties because of alcohol, a drug, or another substance; or having an alcohol concentration of 0.08 or more. The state can prove intoxication either way, so a case can proceed even without a 0.08 test result.

A “first” offense means the driver has no prior conviction for an intoxication-related offense. Prior convictions trigger the enhancements in Tex. Penal Code § 49.09, which turn a second offense into a Class A misdemeanor with a 30-day minimum jail term and a third into a felony. This article addresses the base first offense with no priors.

Penalties for a first-offense DWI conviction

A standard first DWI is a Class B misdemeanor with a minimum term of confinement of 72 hours, set directly in Tex. Penal Code § 49.04(b). The full Class B range comes from Tex. Penal Code § 12.22: a fine of up to $2,000, confinement in county jail for up to 180 days, or both.

If the driver had an open container of alcohol in immediate possession at the time of the offense, § 49.04(c) raises the minimum jail term to six days, though the offense stays a Class B misdemeanor. A first offense can be resolved through jail time, a fine, community supervision (probation), or a combination, as long as the sentence stays within the statutory range.

Fines and other costs

The criminal fine of up to $2,000 is only part of the financial picture. A separate state fine applies on conviction under Tex. Transp. Code § 709.001: $3,000 for a first conviction within a 36-month period, and $6,000 for any conviction where an analysis showed an alcohol concentration of 0.15 or more. The Legislature created this fine in 2019 through House Bill 2048, replacing the earlier Driver Responsibility Program surcharges. A court that finds the person indigent must waive the state fine and related costs under § 709.001(c).

Reinstating a suspended license carries its own fee of $125 under Tex. Transp. Code § 524.051. Additional costs commonly attach to a DWI case, including standard court costs, a required alcohol education course, and, in some cases, an ignition interlock device, but those amounts vary by county and by the terms a court sets.

Your driver’s license after a first DWI

A first DWI can affect a driver’s license in two separate ways, and the first one starts before any conviction.

The administrative license revocation (ALR) process is a civil action handled by the Department of Public Safety, independent of the criminal case under Tex. Transp. Code § 524.012. When an adult driver fails a breath or blood test by registering an alcohol concentration of 0.08 or more, the suspension period under Tex. Transp. Code § 524.022 is 90 days if the driving record shows no alcohol-related or drug-related enforcement contact in the preceding 10 years, or one year if it shows one or more. The suspension takes effect on the 40th day after the driver receives notice, under § 524.021. Refusing to give a specimen triggers a separate suspension under the implied-consent law.

A conviction can also carry a court-ordered license suspension under Tex. Transp. Code § 521.344. When both an ALR suspension and a conviction suspension arise from the same arrest, the court credits the ALR suspension time toward the conviction suspension under § 524.023.

What to expect after a first-offense arrest

A first DWI moves along two tracks at once: the civil ALR case over the license and the criminal case over the charge. The steps below describe the usual order of events.

1. Arrest, booking, and release

   After the arrest, the driver is booked and typically released on bond or personal recognizance. The arresting officer serves a notice of driver’s license suspension, which also serves as a temporary driving permit for a set number of days.

2. The 15-day ALR clock

   The 15-day period to request an ALR hearing under Tex. Transp. Code § 524.031 starts when the driver receives the suspension notice. Requesting a hearing stays the suspension until an administrative law judge decides the case.

3. First criminal court setting

   The criminal case opens with an arraignment or first appearance, where the charge is read and a plea is entered. First-offense DWI is a misdemeanor prosecuted in county-level courts, as described by the Texas Judicial Branch.

4. Pretrial, plea, or trial

   Between the first setting and resolution, both sides exchange evidence such as the offense report and any test results. The case resolves through a plea, a dismissal, or a trial before a judge or jury.

5. Sentencing and conditions

   On a conviction or a grant of community supervision, the court sets the terms, which can include the fine, any jail time within the statutory range, the state fine under Tex. Transp. Code § 709.001, and conditions such as an alcohol education course.

When a first DWI becomes a more serious charge

A first offense is not always a Class B misdemeanor. Several facts raise the charge even with no prior convictions.

A test result showing an alcohol concentration of 0.15 or more makes the offense a Class A misdemeanor under Tex. Penal Code § 49.04(d), which carries a fine of up to $4,000 and up to one year in jail under Tex. Penal Code § 12.21. Driving while intoxicated with a passenger younger than 15 is a state jail felony under Tex. Penal Code § 49.045, and committing the offense in a school crossing zone is also a state jail felony under § 49.04(e). Causing serious bodily injury or a death while intoxicated raises the matter to intoxication assault or intoxication manslaughter, which are felonies.