First DWI in Texas: Penalties, License Suspension, and Costs

A first DWI in Texas is a Class B misdemeanor carrying up to 180 days in jail and up to $2,000 in fines, and it jumps to a Class A misdemeanor with up to a year in jail and up to $4,000 in fines if your blood alcohol concentration was 0.15 or higher. Two separate cases open at once: an administrative proceeding that goes after your driver’s license within days of the arrest, and a criminal case that can run for months. Attorney fees, an ignition interlock device, SR-22 insurance, and higher premiums usually push the real cost into the five-figure range before the case is done.

The 15-Day Deadline That Comes Before Court

The most time-sensitive piece of a Texas DWI has nothing to do with the criminal charge. It’s the Administrative License Revocation (ALR) process, which starts automatically if you either failed a breath or blood test at 0.08% or higher or refused one.

You have 15 days from the arrest to request an ALR hearing. Miss the deadline and your license suspends automatically. Request it in time and an administrative law judge will review whether the officer had reasonable grounds for the arrest and whether the test or refusal was properly documented.

If you lose the hearing or never request one, the suspension length depends on what happened at the roadside. A failed test on a first offense means a 90-day suspension. A refusal on a first offense means 180 days, double the length, specifically to discourage refusals.1State of Texas. Texas Transportation Code TRANSP 724.035 This administrative suspension is separate from any suspension a criminal court later imposes, so both can hit the same license.

What the Criminal Charge Carries

A first-time DWI with a BAC under 0.15 is a Class B misdemeanor. The statute sets the floor and the ceiling:

If there was an open container of alcohol in the vehicle at the time of the arrest, the minimum jail time doubles from 72 hours to six days. The offense still stays a Class B misdemeanor.2State of Texas. Texas Penal Code Section 49-04

Most first DWI cases don’t go to trial. Plea negotiations are the norm, and the facts drive the outcome: how high the BAC was, whether anyone was hurt, how clean the stop and testing procedures were. One result worth asking your attorney about is deferred adjudication, where the court places you on community supervision without entering a conviction, and the case is dismissed if you complete the terms. That matters later, because deferred adjudication is the only route to sealing a Texas DWI.

When BAC Is 0.15 or Higher

A BAC of 0.15 or more at the time of testing bumps the charge to a Class A misdemeanor, which changes the stakes:

A 0.15 reading also permanently closes the door on sealing the offense through a nondisclosure order, which is a long-term consequence that outlasts every fine and class on this list.

Probation Instead of Jail

Judges usually impose community supervision rather than making a first-time offender serve the full jail sentence. Typical conditions include community service hours, regular meetings with a supervision officer, and completion of a state-approved DWI Education Program.

The court can order an ignition interlock as a condition of probation even for a standard first offense. If your BAC was 0.15 or higher, or if you were under 21, the interlock is mandatory rather than discretionary.6State of Texas. Texas Code of Criminal Procedure Art. 42A.408 You install it within 30 days of conviction at your own cost, and it stays on for at least half of the supervision period. Lease, installation, and maintenance for the full term typically runs $500 to $1,600.

One correction worth noting if you’re reading older guidance: Texas repealed the Driver Responsibility Program effective September 1, 2019. The $1,000-per-year surcharges that older articles and some attorneys still mention no longer exist.7Texas Department of Public Safety. Driver Responsibility Program Repealed

Getting Your License Back and Driving in the Meantime

Once the suspension period ends, reinstating the license takes a $125 fee to the Texas Department of Public Safety.8Texas Department of Public Safety. Administrative License Revocation (ALR) Program You can check eligibility and pay through the DPS online License Eligibility system.9Texas.gov. Official Texas Driver License Eligibility System You’ll also need the DWI Education Program completed and, where applicable, proof that an interlock is installed.

You don’t have to go without driving while the suspension runs. Texas allows an occupational driver license (ODL) for driving to work, school, and essential appointments. To qualify you’ll need an SR-22 insurance certificate, a certified copy of your driving record, and proof of an interlock if one is required. You file the petition in the court that handled the case or in the county where you live, and the order spells out when and where you may drive. The license itself costs $10 for one year or $20 for two, plus any outstanding reinstatement fees. A certified copy of the court order lets you drive for 45 days while DPS processes the ODL.

The SR-22 is a filing your insurer sends to DPS confirming you carry at least the minimum liability coverage, not a separate policy. Texas requires it for two years from the conviction date.10Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) The filing fee runs $15 to $50. The bigger expense is what the DWI does to your premiums, which rise substantially once an insurer flags you as a high-risk driver.

What a First DWI Actually Costs

The statutory fine is a small slice of the real bill. Add in everything a first-time offender typically pays:

  • Court fine up to $2,000, or up to $4,000 if BAC was 0.15 or higher
  • Attorney fees, typically $2,500 to $10,000 for private counsel
  • Bail, from several hundred to several thousand dollars depending on county and circumstances
  • Ignition interlock device, $500 to $1,600 across the lease period
  • License reinstatement fee of $125
  • SR-22 filing fee of $15 to $50
  • Higher auto insurance premiums for several years
  • DWI Education Program enrollment fees

A first DWI in Texas routinely totals $5,000 to $15,000 or more once everything lands. The insurance increases alone can exceed the court fine over time.

If You Hold a CDL

A DWI conviction triggers at least a one-year commercial driver’s license disqualification under federal law, and it applies even if you were driving your personal vehicle at the time.11Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications A second alcohol-related offense means lifetime CDL disqualification. CDL holders are also disqualified from sealing the record through a nondisclosure order, so the DWI remains on the record permanently.

Traveling to Canada After a DWI

Canada reclassified impaired driving as a serious crime punishable by up to ten years’ imprisonment in December 2018, which under Canada’s immigration statute makes a single DWI grounds for inadmissibility.12Justice Laws Website. Immigration and Refugee Protection Act SC 2001, c. 27 – Section 36 For offenses that occurred after December 18, 2018, the older “deemed rehabilitation” pathway no longer applies to DWI. Entering Canada may require a Temporary Resident Permit or a Criminal Rehabilitation application, and neither is guaranteed. If you travel to Canada for work or family, this is worth raising with an immigration attorney before you book a trip.

Can You Seal It Later?

Texas allows some first-time DWI offenders to seal the record with a nondisclosure order under Government Code Section 411.0726, which keeps the offense off public background checks while leaving it visible to law enforcement and certain government agencies.13State of Texas. Texas Government Code GOV’T 411.0726

To qualify, you must have received deferred adjudication rather than a conviction, and you must wait at least two years after community supervision ends and the case is dismissed before petitioning.14Texas Courts. An Overview of Orders of Nondisclosure You’re disqualified if any of the following applies:

  • BAC was 0.15 or higher at the time of the offense
  • You held a commercial driver’s license or commercial learner’s permit
  • The offense caused a motor vehicle accident involving another person, including a passenger in your own vehicle
  • You have prior criminal history beyond fine-only traffic tickets

Even clearing those hurdles doesn’t guarantee the order. The court still has to find that granting it serves the best interest of justice, the prosecutor can oppose, and the judge has discretion to deny. That is why securing deferred adjudication at the outset matters so much: a guilty plea or a trial conviction closes the Section 411.0726 path entirely.