First DWI in Texas: Penalties, License, and Costs

A first DWI in Texas is a Class B misdemeanor punishable by up to 180 days in jail, a fine of up to $2,000, and a license suspension of 90 days to one year. If your blood alcohol concentration was 0.15 or higher, the charge becomes a Class A misdemeanor with up to a year in jail and a $4,000 fine. Add attorney fees, insurance hikes, an ignition interlock, and reinstatement costs, and the real total usually lands somewhere between $5,000 and $15,000.

Two separate processes start the moment you’re arrested: an administrative case against your license, and the criminal case in court. The administrative one moves first, and it moves fast.

You Have 15 Days to Save Your License

The Administrative License Revocation (ALR) process is triggered automatically if you failed a breath or blood test (BAC of 0.08% or higher) or refused one. You have exactly 15 days from your arrest to request an ALR hearing. Miss that deadline and your license is suspended automatically, with no chance to contest the officer’s grounds for the stop or the handling of the test.

If you don’t request a hearing or lose it, the suspension is 90 days for a failed test or 180 days for a refusal. The refusal suspension is twice as long by design, to discourage drivers from refusing.1State of Texas. Texas Transportation Code TRANSP 724.035 This administrative suspension is separate from any suspension the criminal court may later impose, so you can face both.

Refusing the test doesn’t necessarily keep your BAC out of evidence, either. In many Texas counties, officers routinely obtain search warrants for blood draws when a driver refuses.

Penalties for a Standard First Offense

For a first DWI with a BAC under 0.15, the statutory penalties are:

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

Most first-time cases don’t go to trial. Plea bargaining is the norm, and outcomes depend on how high your BAC was, whether anyone was hurt, whether you cooperated, and how solid the state’s evidence is. One option worth understanding is deferred adjudication, where the judge places you on community supervision without entering a formal conviction. Complete the terms and the case is dismissed. That matters because deferred adjudication is the only route to sealing a DWI later.

When BAC Is 0.15 or Higher

A BAC of 0.15 or more bumps the charge to a Class A misdemeanor, and the math changes:

A BAC that high also permanently disqualifies you from sealing the record through a nondisclosure order. The long-term consequences are meaningfully worse than the higher fine alone suggests.

Probation and the Ignition Interlock

Most first-time offenders don’t serve the full jail sentence. Judges typically impose community supervision instead, with conditions like community service, regular check-ins with a supervision officer, and completion of a state-approved DWI Education Program.

The court can order an ignition interlock device even for a standard first offense, and it must order one if your BAC was 0.15 or higher or you were under 21.6State of Texas. Texas Code of Criminal Procedure Art. 42A.408 You install the device within 30 days of the conviction at your own expense, and it stays on for at least half of your supervision period. Leasing, installing, and maintaining an interlock typically runs $500 to $1,600.

One outdated bit of advice worth ignoring: Texas repealed its Driver Responsibility Program surcharges effective September 1, 2019. The old $1,000-per-year surcharges no longer exist.7Texas Department of Public Safety. Driver Responsibility Program Repealed

Getting Back on the Road

Losing your license doesn’t have to mean losing your job. Texas allows you to petition for an occupational driver license (ODL) that permits driving to work, school, and essential appointments during your suspension. To qualify, you need an SR-22 high-risk insurance certificate, a certified copy of your driving record, and proof of an installed ignition interlock if one is required. You file the petition in the court that convicted you or in the county where you live, and if the judge grants it, the order specifies exactly when and where you can drive.

The ODL itself is cheap: $10 for one year or $20 for two years, plus any outstanding reinstatement fees. A certified copy of the court order lets you drive for 45 days while DPS processes the actual license.

When the suspension ends, reinstating your regular license costs $125 through 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 system.9Texas.gov. Official Texas Driver License Eligibility System You’ll also need to have completed the DWI Education Program, and you may need to show interlock installation.

Texas requires you to carry an SR-22 certificate of financial responsibility for two years from your conviction date.10Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) It isn’t a separate policy — just a document your insurer files with DPS to prove you carry the minimum liability coverage. The filing fee is usually $15 to $50. The real cost is the premium hike: a DWI flags you as high-risk, and rates go up substantially for several years.

What a First DWI Actually Costs

The statutory fine is only a fraction of the bill. A realistic breakdown for a first offense:

  • Court fine: up to $2,000, or up to $4,000 if BAC was 0.15+
  • Attorney fees: typically $2,500 to $10,000 for private counsel
  • Bail: several hundred to several thousand dollars
  • Ignition interlock device: $500 to $1,600 over the lease period
  • License reinstatement fee: $125
  • SR-22 filing fee: $15 to $50
  • Increased insurance premiums: hundreds to thousands of dollars per year for several years
  • DWI Education Program enrollment fees

All in, a first DWI in Texas routinely runs $5,000 to $15,000 or more. The insurance increases alone can outweigh the court fine over time.

Sealing the Record Later

Some first-time offenders can seal the DWI from public background checks through a nondisclosure order under Government Code Section 411.0726.11State of Texas. Texas Government Code GOV’T 411.0726 Law enforcement and certain government agencies can still see the record, but the public can’t.

You must have received deferred adjudication rather than a conviction, and you have to wait at least two years after community supervision ends and the case is dismissed before filing your petition.12Texas Courts. An Overview of Orders of Nondisclosure You’re automatically disqualified if any of the following applies:

  • Your BAC was 0.15 or higher
  • 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 vehicle
  • You have prior criminal history beyond fine-only traffic tickets

Even if you clear those, the court still has to find the order is in the best interest of justice, the prosecutor can oppose it, and the judge has discretion to refuse. If you plead guilty or are found guilty at trial rather than getting deferred adjudication, this path closes entirely under Section 411.0726. That is why the plea decision early in the case matters so much for what your record looks like a decade from now.

Two Situations With Extra Consequences

If you hold a commercial driver’s license, a DWI conviction triggers at least a one-year CDL disqualification under federal law, and this applies even if you were driving your personal vehicle at the time.13Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications A second alcohol-related offense means lifetime CDL disqualification. CDL holders are also ineligible for a nondisclosure order.

Travel to Canada is the other one people don’t see coming. Since December 2018, Canada has classified impaired driving as a serious crime punishable by up to ten years imprisonment under Canadian law, which triggers inadmissibility under Canada’s immigration statute.14Justice Laws Website. Immigration and Refugee Protection Act SC 2001, c. 27 – Section 36 For offenses after December 18, 2018, the automatic “deemed rehabilitation” pathway is no longer available for DWI. You may need to apply for a Temporary Resident Permit or Criminal Rehabilitation to enter Canada, and approval isn’t guaranteed. If you cross the border for work or family, raise this with an immigration attorney before your next trip.