A first DWI conviction in Texas carries mandatory jail time, a fine, a driver's license suspension, and a permanent criminal record

If you are arrested for driving while intoxicated in Texas, the consequences begin when ready — even before any conviction. You will lose your driver's license on the spot unless you request a hearing within 15 days. A first offense carries a mandatory minimum of 72 hours in jail (though judges typically impose 3 to 180 days), a fine between $400 and $2,000, and a license suspension of 90 days to one year. The arrest itself creates a permanent criminal record that shows up on background checks for employment, housing, and professional licensing.

The process unfolds in stages: arrest, arraignment, possible plea negotiation, trial or guilty plea, and sentencing. Understanding what happens at each stage and what your options are can help you make informed decisions about how to proceed. This guide explains the legal process, the penalties you face, and the steps that typically follow a first DWI arrest in Texas.

Key Takeaways

  • A first DWI arrest triggers an automatic license suspension that you can challenge only by requesting a hearing within 15 days of arrest.
  • Mandatory minimum penalties include 72 hours to 180 days in jail, a $400 to $2,000 fine, and a 90-day to one-year license suspension.
  • You have the right to refuse a breath or blood test, but refusal carries its own penalties and can be used against you in court.
  • Many first-time DWI cases are resolved through plea agreements rather than trial, and the specific outcome depends heavily on the facts of your arrest and the county where you are charged.
  • A DWI conviction creates a permanent criminal record in Texas and cannot be sealed or expunged.

What Happens when ready After Arrest

When you are arrested for DWI in Texas, the officer will take you to a police station or jail for booking. You will be photographed, fingerprinted, and your personal information recorded. At this point, you have the right to remain silent and the right to speak with an attorney. Exercise both of these rights — do not answer questions about how much you drank, where you were, or what you were doing, and ask for a lawyer before any questioning begins.

The officer will also ask you to take a breath or blood test. You have the legal right to refuse, but refusing carries serious consequences: your license will be suspended for 180 days on a first refusal (compared to 90 days for a failed test), and the refusal itself can be introduced as evidence in court. Many people refuse because they believe it strengthens their case, but Texas courts treat refusal as consciousness of guilt. Consult with an attorney before deciding whether to take or refuse a test.

You will be held in custody until you can post bail or be released on your own recognizance. The amount of bail depends on your criminal history, ties to the community, and the specific circumstances of the arrest. If you cannot afford bail, you can request a bail hearing where a judge will decide whether to lower the amount or release you without bail.

The License Suspension Hearing and Your Driving Rights

Your driver's license suspension is separate from any criminal case. The Texas Department of Public Safety (DPS) will suspend your license automatically based on the arrest alone, not on a conviction. You have only 15 days from the date of arrest to request a hearing to challenge this suspension. If you do not request a hearing within 15 days, your suspension becomes final.

At the hearing, the state must prove that you were driving, that you were lawfully stopped, and that you either failed a breath or blood test or refused to take one. You have the right to cross-examine the officer and present evidence. Many people win these hearings on technical grounds — for example, if the officer did not have reasonable suspicion to stop you, or if the breath test was not administered correctly. Winning the hearing does not erase the criminal charge, but it preserves your driving privileges during the criminal case.

If you lose the hearing or do not request one, your license will be suspended for 90 days (if you failed a test) or 180 days (if you refused). After the suspension period ends, you can explore for a new license, but you may be required to install an ignition interlock device on any vehicle you drive — a device that requires you to pass a breath test before the engine will start.

The Criminal Case: Arraignment and Plea Options

Your first court appearance is called an arraignment. At this hearing, the judge will inform you of the charges against you, your rights, and the potential penalties. The prosecutor will present the case against you, and you will have the opportunity to enter a plea. You have three options: plead guilty, plead not guilty, or plead no contest (nolo contendere). Most people plead not guilty at this stage, which preserves their right to negotiate or go to trial.

After the arraignment, your attorney and the prosecutor may negotiate a plea agreement. In a first DWI case, common plea offers include reducing the charge to reckless driving (which does not carry a DWI conviction), pleading guilty to DWI with a recommendation for a lighter sentence, or pleading guilty with the understanding that certain evidence will be excluded from trial. The specific offer depends on the strength of the state's case, your criminal history, and the prosecutor's discretion.

If you plead guilty or no contest, you waive your right to trial and accept the consequences. The judge will then impose a sentence based on the facts of the case and your background. If you plead not guilty, the case will proceed to trial, where the state must prove every element of the charge beyond a reasonable doubt.

Trial and Conviction Standards in Texas

If your case goes to trial, the prosecutor must prove that you were operating a motor vehicle in a public place while impaired by alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. The state will present evidence such as the officer's observations (swerving, slurred speech, failed field sobriety tests), breath or blood test results, and witness testimony. You have the right to cross-examine all witnesses and present your own evidence.

Common defenses in DWI trials include challenging the legality of the traffic stop, questioning the accuracy or administration of breath or blood tests, presenting evidence of medical conditions that mimic impairment, or arguing that you were not actually driving. The specific defense available to you depends on the facts of your arrest. For example, if the officer stopped you without reasonable suspicion, any evidence obtained after the stop may be excluded from trial, which could result in dismissal of the case.

If you are convicted at trial, the judge will impose a sentence within the range set by law. A first DWI conviction carries a mandatory minimum of 72 hours in jail (though judges typically impose longer sentences), a fine of $400 to $2,000, and a license suspension of 90 days to one year. The judge has discretion within these ranges but cannot go below the mandatory minimum.

Sentencing and Long-Term Consequences

At sentencing, the judge will consider your criminal history, your age, your employment status, and the specific facts of the case. Even though the mandatory minimum is 72 hours, most judges impose sentences of 30 to 180 days in jail for a first offense. Some judges may offer probation in place of jail time, though probation typically lasts 12 months to 2 years and includes conditions such as regular check-ins with a probation officer, completion of a DWI education program, and abstinence from alcohol and drugs.

Beyond jail and fines, you will be required to complete a DWI education program (usually a one-day or two-day course) and may be ordered to attend Alcoholics Anonymous or other substance abuse counseling. You will also face increased insurance rates — some insurers will drop you entirely, and others will charge significantly higher premiums for three to five years after the conviction.

A DWI conviction in Texas cannot be sealed or expunged from your record. It will appear on background checks for the rest of your life, which can affect employment, professional licensing, housing applications, and child custody decisions. If you are arrested for DWI again within 10 years, the prior conviction will be used to enhance the charges and penalties for the second offense.

Ignition Interlock Devices and Restricted Driving

If your license is suspended, you may be able to obtain a restricted license that allows you to drive to work, school, medical appointments, and court-ordered programs. To do so, you must install an ignition interlock device on your vehicle. This device measures your breath alcohol level before allowing the engine to start. If your BAC is above a set limit (usually 0.02%), the vehicle will not start.

The cost of installing and maintaining an ignition interlock device ranges from $60 to $150 per month, depending on the provider and your location. You are responsible for paying this cost. The device must remain installed for the duration of your restricted license period, which is typically 90 days to one year. Some judges may order the device to remain installed even after your license is reinstated, as a condition of probation or as part of your sentence.

If you fail the interlock test (your BAC is above the limit), the device will record the failure. Multiple failures can result in an extension of your license suspension or revocation of your restricted license. You must also submit to regular calibration and maintenance of the device, and you must report to the device provider for monitoring.

Frequently Asked Questions

Can I get a DWI conviction expunged or sealed in Texas?

No. DWI convictions cannot be sealed or expunged in Texas under any circumstances. The conviction will remain on your criminal record permanently. However, if you are arrested but not convicted (the case is dismissed or you are acquitted), you may be able to petition for an expunction after a waiting period.

What is the difference between a DWI and a DUI in Texas?

Texas does not have a DUI charge. The charge is always DWI (driving while intoxicated). However, minors (under 21) can be charged with DWI if they have any detectable amount of alcohol in their system, while adults must have a BAC of 0.08% or higher or show signs of impairment.

Will I lose my job if I am convicted of DWI?

That depends on your employer and your job. Some employers have zero-tolerance policies for criminal convictions, while others may not care. However, the conviction will appear on background checks, and some professional licenses (such as nursing, law, or commercial driving) may be suspended or revoked following a DWI conviction.

Can I refuse a breath test without consequences?

You have the legal right to refuse, but refusal carries penalties: your license will be suspended for 180 days (compared to 90 days for a failed test), and the refusal can be used as evidence against you in court. Many courts treat refusal as consciousness of guilt, which can hurt your case at trial.

What should I do if I am arrested for DWI?

Exercise your right to remain silent and your right to an attorney when ready. Do not answer questions about drinking, where you were, or what you were doing. Request a lawyer before any questioning. Contact a DWI attorney as soon as possible — the first 15 days are critical for requesting a license suspension hearing and gathering evidence.