First-Time DWI in Texas: What Happens After You're Arrested?
A DWI arrest can turn your life upside down—especially if it’s your first run-in with the law. One moment you’re heading home, and the next, you’re in the back of a police car wondering what this means for your job, your license, and your future. If you’re facing your first-time DWI in Texas, you likely have a lot of questions—and concerns.
This guide walks you through what happens after a DWI arrest, what penalties you could face, and how a strong legal defense can make all the difference.
What Qualifies as a DWI in Texas?
In Texas, you can be arrested for Driving While Intoxicated (DWI) if your blood alcohol concentration (BAC) is 0.08% or higher. However, even if your BAC is below that limit, you can still be charged if the officer believes alcohol or drugs impaired your physical or mental faculties.
Importantly, this law applies not just to alcohol. You can be charged with DWI for being impaired by:
- Prescription medications
- Over-the-counter medications
- Marijuana
- Illegal drugs
Learn more about DWI laws from the Texas Department of Public Safety (TxDPS)
What Happens Right After a DWI Arrest?
If you’re arrested for DWI in Texas, you’ll likely go through the following steps:
1. Field Sobriety and BAC Testing
Officers may ask you to complete field sobriety tests and a breath or blood test. Refusing to take these tests may trigger an automatic license suspension under Texas’ implied consent law.
2. Arrest and Booking
You’ll be taken to jail, fingerprinted, photographed, and booked. Depending on the county and your criminal history, you might be released the same day or need to post bail.
3. License Suspension Warning
You’ll receive a Notice of Suspension for your driver’s license. You only have 15 days to request a hearing to contest it—called an ALR (Administrative License Revocation) hearing.
First-Time DWI Penalties in Texas
Even if this is your first offense, a DWI charge can carry serious consequences:
Class B Misdemeanor (BAC under 0.15%)
- Jail time: 72 hours to 180 days
- Fine: Up to $2,000
- License suspension: 90 days to 1 year
- Mandatory alcohol education program
- Annual license renewal surcharge
Class A Misdemeanor (BAC 0.15% or higher)
- Jail time: Up to 1 year
- Fine: Up to $4,000
- Ignition interlock device (IID) required
- Longer license suspension and higher insurance rates
In addition to legal penalties, a DWI conviction can lead to long-term consequences for your career, housing applications, and reputation.
Long-Term Consequences of a DWI Conviction
Many people assume a first-time DWI isn’t that big of a deal—but the effects can linger for years:
- Permanent criminal record unless sealed
- Increased car insurance rates or dropped coverage
- Job consequences, especially if you hold a professional license or work in transportation
- Ineligibility for travel to countries like Canada
- Loss of driving privileges, even if you’re later found not guilty
Defenses for First-Time DWI Charges
Just because you were arrested doesn’t mean you’ll be convicted. With a skilled DWI defense attorney, there are several potential ways to fight the charges:
1. Illegal Traffic Stop
If police lacked a valid reason to pull you over, any evidence gathered during the stop could be thrown out.
2. Inaccurate Testing
Breathalyzers and blood tests are not infallible. Your attorney may challenge the calibration, administration, or chain of custody.
3. Field Sobriety Test Challenges
Conditions like fatigue, anxiety, or medical issues can affect your ability to perform these tests—making the results unreliable.
4. Alternative Resolutions
First-time offenders may be eligible for pretrial diversion programs, deferred adjudication, or probation—especially if no one was injured.
5. Fight the License Suspension
Your attorney can represent you at the ALR hearing and present evidence to prevent or reduce the length of your license suspension.
What Should You Do Now?
If you’ve been charged with a DWI for the first time, here’s what you need to do next:
✅ Contact a DWI defense attorney immediately
An experienced lawyer can review your case, explain your rights, and begin building your defense.
✅ Request your ALR hearing within 15 days
If you don’t act quickly, your license will be automatically suspended.
✅ Avoid discussing your arrest on social media
Anything you say—even online—can be used against you in court.
✅ Gather details while they’re fresh
Write down everything you remember about the arrest: where you were, what the officer said, what tests you were asked to do, and anything else that seems relevant.
You Don’t Have to Face This Alone
A first-time DWI arrest is scary, confusing, and stressful—but you still have rights. With the right defense strategy and a knowledgeable attorney on your side, it’s often possible to reduce charges, avoid jail time, and even protect your criminal record.
At Buck Johnson Law, we’ve helped countless Texans navigate their first DWI charges. We know the system, we understand how to challenge the evidence, and we fight for the best possible outcome every time.
📞 Contact us today for a confidential consultation. Let us help you move forward.
