First Offense DWI in Houston, Texas: Things You Should Know

Edward Okwueze • May 25, 2023

If this is your first time being arrested for DWI in Texas, it’s important to remember that an arrest doesn’t mean you’re automatically convicted. A prosecutor still needs to prove beyond a reasonable doubt that you actually broke the law.


If law enforcement officers do not follow specific standards and requirements, the evidence collected during a DWI arrest could become invalid. A person who is convicted of a DWI may have to go to jail, pay fines, and lose his or her driver’s license.


If you have been arrested for DWI in Harris County, it is crucial that you seek legal counsel as soon as possible. The Edward Law Group has a proven track record of successfully defending clients against DWI charges in the greater Harris County area.



What is considered DWI in Houston, Texas?

“DWI” stands for “driving while intoxicated.” You will face a DWI in Texas first offense when you are caught driving with more alcohol in your blood than the legal limit. The legal alcohol limit in Texas, as it is in every other state, for your blood is 0.08 percent. After consuming only one or two drinks, 0.08 percent blood-alcohol content can be quickly reached–making it easier than you might think to get a DWI.


Being pulled over for your first DWI in Houston, Texas

One of the questions we hear most often about a first DWI in Texas is whether it’s considered a felony. In Texas, first-time DWI offenses are typically charged as Class B misdemeanors. If your blood alcohol content is below 0.15, you may get a suspended license for up to 365 days, a maximum fine of $2,000, and potentially a few days in jail depending on the situation.


Keep in mind, though, that even a first DWI offense can result in several penalties if the prosecutor is overly eager, such as both criminal and administrative consequences. The average attorney may not have enough experience to deal with this level of complexity, which could cause negative permanent repercussions for their client.


Criminal Penalties for a DWI in Texas First Offense

Depending on the classification of the DWI offense, different maximum sentences may be imposed. These are as follows:

  • Class B Misdemeanor— Up to 180 days in jail and/or a fine not exceeding $2,000; or
  • Class A Misdemeanor — Up to one year imprisonment and/or acquire a fine up $4,000


A first DWI charge in Texas usually results in a 72-hour confinement, but if the offender has an open container of alcohol in their possession while operating a vehicle, the minimum term of confinement is six days under Texas Penal Code $ 49.04(c).


Additional punishments for first-time DWI convictions in Texas may include a minimum 90-day driver’s license suspension, annual DPS Driver Responsibility Surcharges, and/or an ignition interlock device being installed in all automobiles owned or driven by the offender.


Civil Consequences for a First-Time DWI Charge

The penalties you could face if convicted of a DWI are significant and can have lasting impacts on your life. If found guilty, you may lose your driving privileges, even if the judge does not convict you of DWI.


For example, if you refuse to take a blood or breathalyzer test at the scene of your arrest, this could result in a 180-day driver’s license suspension. If the results of your blood breathalyzer tests are .08% or higher, Your driver’s license can be suspended for up to 90 days.

If you drive on Texas roads, you automatically consent to taking a drunk driving test if requested by law enforcement. If you refuse the test, your license could be suspended.


DWI With a Passenger Under 15

If you are caught driving while intoxicated with a child in the car, not only will you be arrested, but your charges will also escalate to a felony. You could end up paying a $10,000 fine and serving time in jail for 180 days to two years.


Intoxication Assault

If you cause a car accident or injure someone while driving drunk, you will face third-degree felony charges. These charges come with a jail sentence of two to 10 years and/or a fine of $10,000.


Intoxication Manslaughter

If you cause someone’s death with your drunk driving, you will earn a state prison sentence of two to 20 years for intoxication manslaughter, which is a second-degree felony. You could also face a $10,000 fine.


Administrative License Revocation (ALR)

You will have fifteen days to request a hearing after you are charged with a DWI and receive notice of suspension. At the hearing, you can ask the agency not to revoke your driver’s license. If you do not request a hearing, your driver’s license will be automatically revoked forty days after receiving the notice.


If you want your driver’s license privileges reinstated, you must pay a $125 reinstatement fee. You will also need to pay a DWI surcharge to the Texas Department of Transportation. If this is your first conviction for DWI, you’ll need to pay a $1,000 annual fee for three years in a row.


Fighting & Expunging a DWI in Texas First Offense

Often, people in Texas who are facing their first DWI charge feel overwhelmed and scared. If this is your first time encountering the legal system, you may not know where to turn for help. Our team is passionate about assisting you throughout the process and ensuring that you understand your rights as a citizen.


If you need a DWI attorney in Houston with an excellent track record, look no further. We have hundreds of victories under our belt and are one of the most successful intoxication manslaughter lawyers in town.


At Edward Law Group, we always fight tooth-and-nail for our clients. We’re also willing to explore new avenues such as the pretrial diversion for Harris County DWI cases. If you find yourself in need of a Houston DWI attorney, please don’t hesitate to reach out to us. We would be more than happy to help you through this difficult time.

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