First DWI in Texas: What to Expect and How to Defend Yourself
Texas has some of the strictest DWI laws in the country. A first DWI can cost you thousands, your license, and your reputation. Know your options.
⚖️ NO FEE UNLESS WE WIN — FREE CONSULTATION: 281-727-9441
Consequences of a First DWI in Texas
A first DWI (Class B Misdemeanor) in Texas can result in:
- 72 hours to 180 days in county jail
- Fine up to $2,000 (plus up to $10,000 in state surcharges)
- License suspension 90 days to 1 year
- Up to 2 years of probation
- Mandatory ignition interlock device
- Mandatory DWI intervention program
- Up to $2,000 annually for 3 years in “state safety surcharges”
⚠️ Warning The true total cost of a DWI in Texas — including fines, attorney fees, increased insurance, mandatory classes, and ignition interlock — can exceed $17,000.
Legal Defenses for a DWI in Texas
A first DWI does not automatically mean a conviction. Valid legal defenses exist:
- Illegal traffic stop — if the officer lacked probable cause, evidence may be suppressed
- Improper breathalyzer procedure
- Inadequate maintenance of breathalyzer equipment
- Medical conditions affecting sobriety tests (diabetes, acid reflux)
- Dashboard camera video contradicting the officer’s report
- Witnesses who contradict the police version
💡 Tip Attorney Sara Roque is a former prosecutor who knows exactly how DWI cases are built — and how to challenge that evidence.
The ALR License Hearing: Act Within 15 Days
When arrested for DWI, the Texas Department of Transportation automatically begins proceedings to suspend your driver’s license.
⚠️ Warning You have only 15 days from the arrest date to request an ALR hearing and stop the automatic license suspension. Miss this deadline and your license is automatically suspended.
💡 Tip Call Roque Law Firm immediately after a DWI arrest — before those critical 15 days expire.
Alternatives to a DWI Conviction
For qualified first-time DWI defendants, alternatives may exist:
- Diversion programs: Complete a program and have charges dismissed
- Negotiated reduced charges (e.g., public intoxication)
- Pre-trial diversion in select Harris County courts
💡 Tip Not all alternatives are available in every county or with every record. An attorney will evaluate exactly what options exist in your specific situation.
📍 Serving Greater Houston & Surrounding Areas
- Houston / Harris County
- Katy / Fort Bend County
- Pasadena
- Sugar Land
- Spring / The Woodlands
- Conroe / Montgomery County
- Pearland / Friendswood
- Missouri City
- Baytown
- League City
Frequently Asked Questions
Can I avoid a DWI conviction in Texas?
In many cases yes, especially with a first DWI. Defenses include illegal traffic stops, breathalyzer problems, medical conditions, and contradictory video evidence. An attorney will evaluate all your options.
How long do I have to protect my license after a DWI arrest?
Only 15 days from the arrest date. If you do not request an ALR hearing within that time, your license will be automatically suspended. Call an attorney immediately.
Will the DWI stay on my record permanently?
In Texas, a DWI conviction is not eligible for expunction. However, if charges are dismissed or you win at trial, you may be eligible to clear the arrest from your record.
What happens if I refuse the breathalyzer test?
In Texas, refusing the breathalyzer triggers an automatic 180-day license suspension for a first refusal. However, police may obtain a warrant for a blood sample. An attorney can evaluate whether refusal was the right decision in your case.
Get Your Free Consultation
Tell us about your case — we’ll respond within the hour.
Leave a Reply