 Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |
In Texas, a first-offense DWI is classified as a Class B misdemeanor, carrying penalties that include fines up to $2,000, jail time ranging from 72 hours to 180 days, and a driver’s license suspension of 90 days to one year. Additional requirements may include mandatory attendance in a state-approved DWI education program, regular alcohol and drug tests, and possible ignition interlock device installation. See our guide to what changes on a second offense if this isn’t your first DWI.
First Offense DWI Penalties
In Texas, the penalties for a first offense DWI are categorized as a Class B misdemeanor, enforcing real consequences on individuals convicted of driving while intoxicated.
This classification carries a range of punishments, including jail time and fines. Individuals convicted of a first offense DWI face up to 180 days in jail (with a mandatory 72-hour minimum) and a fine of up to $2,000. They may also face a driver’s license suspension of 90 days to one year, mandatory attendance in a DWI intervention or education program, and the possible installation of an ignition interlock device in their vehicle.
DWI Classification in Texas
DWI classification in Texas is central to understanding the penalties and consequences of a first offense. Classification primarily hinges on blood alcohol content (BAC) and any previous convictions.
A first-offense DWI without aggravating factors is typically a Class B misdemeanor, applicable when BAC is between 0.08 and 0.15. If BAC exceeds 0.15, the charge is elevated to a Class A misdemeanor. Aggravating factors — injury or fatality, driving with a minor, or the presence of controlled substances — can lead to more severe classifications and penalties, up to and including felony charges depending on the circumstances. See our breakdown of the most common sentence for a first DUI for what actually happens in typical, non-aggravated cases.
Jail and Fine Consequences
- Maximum Fine: Up to $2,000 for a first-time offense.
- Jail Time: 72 hours to 180 days, with possible enhancement for BAC above 0.15%.
- License Suspension: 90 days to one year, depending on administrative and criminal proceedings.
- Additional Penalties: DWI education program, ignition interlock device, and community service may also be mandated.
License Suspension Details
A first-time DWI offense in Texas carries the potential suspension of driving privileges. For a first offense specifically, drivers face a suspension period of 90 days to one year, administered by the Texas Department of Public Safety.
Factors such as BAC and the presence of a child passenger can influence the length of the suspension. It’s essential to request an Administrative License Revocation (ALR) hearing within 15 days of the arrest to contest the suspension — failing to do so results in automatic suspension taking effect on its own.
Additional Mandatory Requirements
Mandatory requirements for a first-time DWI offense in Texas extend beyond the license suspension itself. The legal system imposes several conditions to ensure compliance and rehabilitation:
- Educational Programs: Completion of a state-approved DWI education course, covering the risks and consequences of driving while intoxicated.
- Substance Monitoring: Regular alcohol and drug tests to help ensure compliance and prevent repeat offenses.
- Ignition Interlock: Some offenders must install an ignition interlock device to prevent driving under the influence.
- Probation Officer Meetings: Monthly check-ins to monitor progress and confirm adherence to probation terms.
| Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |