June 29, 2025

Texas DWI: Understanding the Penalties for a First Offense 

A first-time Driving While Intoxicated (DWI) charge in Texas can be a frightening and overwhelming experience. The consequences extend far beyond a simple traffic ticket, impacting your finances, your freedom, and your future. If you're facing a DWI accusation in Rockwall County or anywhere in the Texas, it's crucial to understand the potential penalties and the importance of skilled legal representation.

Larman Law understands the complexities of DWI law and are dedicated to protecting your rights. While every case is unique, here's a general overview of what you can expect regarding penalties for a first-offense DWI in Texas.

Criminal Penalties: Fines and Jail Time

For most first-time DWI offenses where your Blood Alcohol Concentration (BAC) is below 0.15%, the charge is classified as a Class B Misdemeanor. This carries:

• Fines: Up to $2,000.

• Jail Time: Between 72 hours and 180 days in county jail. However, it's important to note that jail time is often suspended in favor of probation (community supervision) for first-time offenders.

Aggravating Factors: The penalties can significantly increase if certain aggravating factors are present:

• BAC of 0.15% or higher: A Blood Alchohol Concentration or BAC of .015% or higher elevates the charge to a Class A Misdemeanor, increasing the potential fine to up to $4,000 and jail time to up to one year. An ignition interlock device (IID) may also become mandatory.

• Child Passenger: If a child under 15 years old was in the vehicle, the charge becomes a State Jail Felony, carrying up to two years in state jail and a fine of up to $10,000.

Driver's License Suspension: Administrative and Criminal

A DWI arrest initiates two separate processes that can affect your driver's license:

1. Administrative License Revocation (ALR): This is a civil process separate from your criminal case.

   • Failed Breath/Blood Test: If you fail a breath or blood test (BAC of 0.08% or higher), your license can be suspended for 90 days to one year for a first offense.

   • Refusal to Test: If you refuse to provide a breath or blood specimen, your license can be suspended for 180 days for a first offense.

   • 15-Day Rule: Crucially, you have only 15 days from the date of your arrest to request an ALR hearing to challenge this suspension. If you miss this deadline, your license will be automatically suspended. An experienced DWI attorney can represent you at this hearing.

2. Criminal Conviction Suspension: If you are convicted of DWI in criminal court, your driver's license will also be suspended as part of the criminal penalty. For a first offense, this suspension can last up to one year.

Probation (Community Supervision)

If the court grants you probation instead of jail time, you will be subject to a range of conditions. These often include attending DWI education programs, performing community service, abstaining from alcohol and drugs, and potentially having an Ignition Interlock Device (IID) installed in your vehicle. Failing to comply with any probation condition can lead to your probation being revoked and the imposition of the original jail sentence.

Financial Burdens: Beyond the Fine and Transportation Code Section 709.001

The direct fine imposed by the court is only a fraction of the total financial impact of a DWI. You can expect additional costs, including a significant fine mandated by Texas Transportation Code Section 709.001. This section imposes an additional state fine for certain intoxication offenses, on top of any other fines levied by the court.

For a first DWI conviction, Texas Transportation Code Section 709.001 requires you to pay an additional fine of $3,000. If your BAC was 0.15 or more at the time of the offense, this fine increases to $6,000. 

Beyond this specific statutory fine, you can expect other costs such as:

• Court Costs: Various fees associated with the court proceedings, adding several hundred dollars to the total cost.

• Attorney Fees: Legal representation is a significant but essential cost.

• License Reinstatement Fees: After your suspension period ends, you'll need to pay a fee to reinstate your license.

• DWI Education/Intervention Program Fees: The cost of required classes.

• Ignition Interlock Device (IID) Costs: Installation and monthly maintenance fees (if required).

• Increased Insurance Premiums: A DWI conviction will almost certainly lead to a substantial increase in your car insurance rates for several years, potentially adding thousands of dollars annually. You may also be required to obtain an SR-22 certificate, further impacting your premiums.

• Probation Fees: Monthly fees for the duration of your probation.

Long-Term Consequences

Beyond the immediate legal and financial penalties, a DWI conviction can have lasting consequences on your life, including:

• Criminal Record: A permanent criminal record can impact employment opportunities, professional licensing, and even housing applications.

• Travel Restrictions: Some countries may deny entry to individuals with DWI convictions.

• Educational Limitations: Certain scholarships or educational programs may be unavailable.

Seeking Experienced Legal Counsel

Facing a DWI charge can be daunting, but you don't have to navigate it alone. An experienced DWI defense attorney can:

• Challenge the Evidence: Examine the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breath or blood test results.

• Represent You at ALR Hearings: Fight to prevent or minimize your license suspension.

• Negotiate with Prosecutors: Seek reduced charges, deferred adjudication, or alternative sentencing options.

• Protect Your Rights: Ensure due process and advocate for the best possible outcome in your case.

If you or a loved one has been charged with a DWI in Rockwall County, Hunt County, Kaufman County, Dallas County, or anywhere in North Texas, contact Larman Law today. As a law firm specializing in criminal appeals and providing dedicated criminal defense, Larman Law has the knowledge and experience to guide you through this challenging time and work tirelessly to protect your future. Don't delay—the sooner you act, the more options you may have.

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Disclaimer: The blog posts on this website are intended for informational purposes only and do not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and strives to timely update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this post does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.