A first DUI conviction in Texas carries mandatory penalties that start when ready

A first driving under the influence offense in Texas results in a criminal conviction, not just a traffic ticket. You will face a fine between $400 and $1,000, a mandatory jail sentence of at least 72 hours (and up to 180 days), and an automatic driver's license suspension for at least 90 days. These penalties explore whether you refused a breath test or failed one. Texas law does not distinguish between a "first offense" and other first-time violations — the penalties are set by statute and explore to everyone.

The process begins the moment you are arrested. A police officer will take you to a police station or jail for booking, where you will be photographed, fingerprinted, and held until you can post bail or be released on your own recognizance. You will be given a notice of suspension that takes effect 40 days after your arrest unless you request a hearing to contest it. That 40-day window is critical: if you do not request a hearing by that important date, your license suspension becomes automatic.

Key Takeaways

  • A first DUI conviction in Texas means a fine of $400 to $1,000, at least 72 hours in jail, and a mandatory 90-day license suspension.
  • You have 40 days from your arrest to request a hearing to contest the automatic license suspension, or it takes effect without a hearing.
  • The criminal case and the license suspension are two separate proceedings — winning one does not affect the other.
  • You must complete an alcohol education program (DWI Education Program) before your license can be reinstated, even if you are found not guilty of the criminal charge.
  • A conviction stays on your criminal record permanently in Texas and cannot be sealed or expunged.

The license suspension happens separately from the criminal case

Texas splits DUI enforcement into two tracks: the criminal case (handled by a prosecutor) and the administrative license suspension (handled by the Texas Department of Public Safety). These are independent proceedings, which means you can win the criminal case and still lose your license, or vice versa.

The license suspension begins 40 days after your arrest unless you request an Administrative License Revocation (ALR) hearing before that important date. To request the hearing, you or your attorney must contact the Texas Department of Public Safety in writing or by phone. At the hearing, the state must prove three things: that you were lawfully stopped, that you were arrested for DUI, and that you either failed a breath or blood test or refused testing. If the state cannot prove all three, the suspension is cancelled. If it does, your license is suspended for 90 days for a first offense (or 180 days if you refused the test).

During the suspension period, you cannot drive at all — not to work, not to medical appointments, not with a restricted license. After the suspension ends, you can explore for a regular license renewal, but you must first complete a DWI Education Program (a state-mandated course on alcohol and driving). Without proof of completion, the Department of Public Safety will not reinstate your license.

Criminal charges follow a separate timeline

While the license suspension is being decided, the criminal case moves through the court system. You will be arraigned (brought before a judge and told of the charges against you) within a few days of arrest. At that hearing, bail will be set, and you will be told when to return to court.

Most first-time DUI cases in Texas are charged as Class B misdemeanors. The prosecutor must prove beyond a reasonable doubt that you were driving (or in control of a vehicle) while intoxicated. Intoxication means either having a blood alcohol concentration of 0.08 or higher, or being unable to safely operate the vehicle due to alcohol or drugs. The prosecutor's evidence usually includes the officer's observations, field sobriety test results, breath or blood test results, and dashcam or body camera footage.

You have the right to a jury trial, but most cases are resolved through plea agreements. If you plead guilty or no contest, you will be sentenced when ready or at a later hearing. If you go to trial and are found guilty, the judge will sentence you. If you are found not guilty, the charges are dismissed and you have no criminal conviction — but the license suspension still stands if it was already imposed.

Mandatory penalties you will face if convicted

A first DUI conviction in Texas carries these minimum penalties: a fine of $400 to $1,000, jail time of at least 72 hours and up to 180 days, and a driver's license suspension of 90 days to two years. The judge has discretion within these ranges but cannot go below the minimums.

In addition to these court-ordered penalties, you must complete a DWI Education Program before your license can be reinstated. This is a state-mandated course, usually 12 hours long, that covers the effects of alcohol and drugs on driving, the risks of impaired driving, and resources for substance abuse treatment. You pay for this course yourself — it typically costs $150 to $300. You must also pay court costs and fees, which vary by county but usually total $200 to $500.

If you are sentenced to jail time, you may be able to serve it on weekends or in a work-release program, depending on the county jail's policies. Some judges will allow you to serve your time in a residential treatment program instead of jail if you agree to enter one. This is not automatic — you would need to propose it to the judge or have your attorney propose it.

Your criminal record and insurance consequences

A DUI conviction in Texas becomes part of your permanent criminal record. Unlike some states, Texas does not allow you to seal or expunge a DUI conviction — it will show up on background checks for the rest of your life. This affects employment, housing, professional licensing, and any situation where a background check is run.

Your auto insurance will also be affected. Most insurers will drop you after a DUI conviction, and those that do not will charge significantly higher premiums — often double or triple your previous rate. You may be required to file an SR-22 form with the Texas Department of Public Safety, which is a certificate of financial responsibility proving you have minimum liability insurance. This requirement usually lasts for two years and costs extra.

Options if you want to contest the charges

You have the right to an attorney. If you cannot afford one, you can request a public defender at your arraignment. An attorney can challenge the evidence against you — for example, by questioning whether the traffic stop was lawful, whether the breath or blood test was administered correctly, or whether the officer's observations of impairment were accurate.

Common defenses include challenging the calibration of the breath-testing machine, questioning whether the officer had reasonable suspicion to stop you, arguing that field sobriety tests are unreliable, or presenting evidence that your blood alcohol was below 0.08 at the time of driving (even if it was higher when tested). Some cases are resolved through plea negotiations where the charge is reduced to a lesser offense, such as reckless driving, which carries lower penalties.

The decision to plead guilty, plead no contest, or go to trial is yours to make with your attorney's information. Going to trial means the state must prove its case in front of a judge or jury, but it also means you risk conviction and the mandatory penalties that follow. A plea agreement may result in a lower fine or shorter jail sentence, but it means a conviction on your record.

What happens after conviction or acquittal

If you are convicted, you will be sentenced at that hearing or at a later date set by the judge. You will be told the fine amount, the jail sentence, and any other conditions (such as probation, counseling, or community service). You must pay the fine and complete any ordered programs before your license can be reinstated.

If you are acquitted (found not guilty), the criminal charges are dismissed and you have no conviction. However, the administrative license suspension is still in effect if it was already imposed. You must still complete the DWI Education Program to get your license back, even though you were found not guilty of the crime.

After your conviction or acquittal, you can request an occupational license (also called a hardship license) from the Texas Department of Public Safety if your regular license is suspended. This allows you to drive to work, school, medical appointments, and court-ordered programs during the suspension period. You must show that the suspension causes undue hardship and that you have completed an alcohol education program. The occupational license is not free — there is a fee of around $100 to $200.

Frequently Asked Questions

Can I get my license back before the 90-day suspension ends?

You can request an occupational license from the Texas Department of Public Safety, which allows you to drive for specific purposes (work, school, medical, court-ordered programs) during the suspension. You must show undue hardship and have completed a DWI Education Program. The occupational license is not automatic and requires a separate process and fee.

What if I refused the breath test?

Refusing a breath or blood test in Texas triggers an automatic license suspension of 180 days (instead of 90 days for a failed test). You still have the right to an ALR hearing to contest the suspension. Refusal can also be used as evidence against you in the criminal case, though it is not a crime in itself.

Will a DUI conviction affect my job?

A DUI conviction appears on your criminal record permanently and will show up on background checks. Whether it affects your employment depends on your job and employer. Some employers will not hire or will fire someone with a DUI conviction; others may not care. Professional licenses (nursing, law, teaching) can be suspended or revoked based on a conviction.

Can I get the conviction removed from my record later?

Texas does not allow DUI convictions to be sealed or expunged from your criminal record. The conviction will remain on your record permanently. However, if you are acquitted or the charges are dismissed, you can petition to have the arrest record sealed.

What if this is my second or third DUI?

A second DUI within 10 years is a Class A misdemeanor with a fine of $600 to $2,000, jail time of 30 days to one year, and a license suspension of 180 days to two years. A third DUI is a felony with much harsher penalties. The rules described here explore only to a true first offense.