First-Time DWI in Texas: What Happens Next?

A traffic stop turns into handcuffs, and your mind races about work, your license, and your future. You are not alone. At McCarty-Larson, PLLC, we help individuals across North Texas handle their DWI with clear, calm steps and steady support. Our goal in this guide is to walk you through what happens next, the possible outcomes, and how to protect yourself. This article provides educational information, not legal advice, and your case deserves a one-on-one review.

What Constitutes a DWI in Texas?

In Texas, most adults are charged with DWI, not DUI. That said, people use “DUI” in everyday talk, even though a DWI and a DUI are very different charges. With a DWI, a charge happens when a person operates a motor vehicle in a public place while intoxicated. A DUI is charged when the driver is under the age of 21 and has any detectable amount of alcohol in his or her system. While a DWI can range from a Class B Misdemeanor up to a Felony, a DUI is a Class C Misdemeanor.

Texas Penal Code § 49.01(2) defines intoxication as a Blood Alcohol Concentration of 0.08 percent or higher, or not having the normal use of your mental or physical faculties due to alcohol, a drug, or a combination. Even with a BAC under 0.08, an officer can still arrest if your driving and behavior suggest intoxication. The law considers what the officer observed, how you drove, and your performance on tests.

Initial Steps After a DWI Arrest

Your choices in the first hours can shape both the criminal case and your license. Stay polite and calm during the stop and arrest, and avoid arguing on the roadside or at the station. You have the right to remain silent. I highly suggest you exercise that right.

• Be respectful, provide your ID and insurance, and refrain from sharing any unnecessary details.
• Use your right to remain silent, then ask for an attorney.
• Texas Implied Consent Law, Transportation Code § 724.011, means that by driving, you consent to a breath or blood test. Refusing to take the test triggers a separate license suspension.

Understanding the Administrative License Revocation (ALR) Process

A DWI arrest initiates two separate tracks: the criminal court case and an administrative case regarding your license. The ALR case is separate, and it has a short deadline. You have 15 days from the date of arrest to request an ALR hearing to fight the suspension.

If you agree to the taking of the Field Sobriety Test, but fail the test, the potential suspension is from  90 days to 1 year. If you refuse testing, the possible suspension is 180 days to 2 years. Miss the 15-day window, and the suspension kicks in automatically, even if your criminal case later improves.

Scenario	Suspension Period	Deadline to Act	Notes
Failed breath or blood test	90 days to 1 year	Request a hearing within 15 days	Hearing can preserve driving or expose flaws in the stop
Refused testing	180 days to 2 years	Request a hearing within 15 days	Refusal is a separate basis for suspension
Missed the deadline	Automatic suspension 40 days after the date of arrest	N/A	Limited license options might still exist in some cases

Attorneys often use the ALR hearing to gather police reports and testimony early, which can also benefit the criminal case.

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- P.E.

McCarty-Larson, PLLC was very helpful and patient explaining our options after my wife lost her job and creditors were taking her to court. They outlined a plan for us and everything worked out very well for us. I would recommend McCarty-Larson, PLLC to anyone that is in need of legal help.

- Aaron Herrera

I met with McCarty Larson after many attempts to find a lawyer. They were very professional, straight to the point and polite. They accepted my case with no problems. With only one day to prepare for my case, McCarty Larson accepted my case, explained my options and attended the hearing on my behalf. They did all of this with only a one day notice. I normally do not write reviews, but this one had to be written. They are the best! You will not be sorry for hiring this firm.

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Criminal Penalties for a First-Time DUI Offense

A first arrest is typically classified as a Class B misdemeanor. The law allows for sentences ranging from 3 to 180 days in jail, fines of up to $2,000, and a possible license suspension of up to one year. Court costs, classes, and evaluation requirements are common.

Many first-time offenders are given community supervision, also known as probation, rather than serving a jail term. Probation terms often include community service, a victim impact panel, an alcohol or drug education program, and random testing.

Every county handles these cases slightly differently, and each judge sets conditions based on the specific facts of each case. Your criminal background, whether or not it involved an accident, and your BAC level all matter.

Aggravating Factors and Enhanced Penalties

Some facts can push a first-time DUI into much tougher territory. Even one of the factors below can change the charge level and the possible punishment. Judges may also impose ignition interlock conditions as part of a bond or as a condition of probation.

High BAC

A breath or blood result of 0.15 percent or higher can raise the charge to a Class A misdemeanor. That increases the fine exposure to $4,000 and allows up to one year in county jail. Courts often require the use of an Ignition Interlock Device during the case or as part of probation.

Testing methods and timelines still matter here. High results can be challenged for accuracy and the validity of the procedure used.

2nd DWI

A 2nd DWI is also raised to a Class A misdemeanor, and an Ignition Interlock Device is statutorily required as both a bond condition and a condition of probation.

Child Passenger

Driving while intoxicated with a passenger under 15 years old raises the case to a state jail felony. The range includes fines of up to $10,000 and sentences of 180 days to 2 years in state jail. Even a clean record does not block that enhancement.

This charge also brings potential child endangerment concerns and extra scrutiny in court.

Intoxication Assault and Manslaughter

If serious bodily injury occurs, the charge becomes intoxication assault, a third-degree felony. If a death occurs, the charge becomes intoxication manslaughter, a second-degree felony. Both carry significant prison exposure and hefty fines.

Crash reconstruction, medical proof, and causation are central issues in these cases.

Potential Defenses Against a DUI Charge

Even a first case can be defended in many ways. The defense focus depends on how the stop began, how tests were handled, and whether the officer followed the rules. We focus on real gaps in the state’s evidence, not assumptions.

• Challenge the legality of the stop or detention.
• Question field sobriety tests for improper instructions, setup, or grading.
• Dispute breath or blood results based on machine errors, timing, or chain of custody issues.
• Identify improper police procedures or missing bodycam footage.
• Negotiate for reduced charges or deferred adjudication when the facts fit.

Long-Term Consequences of a DUI Conviction

The sentence is not the only concern; the record itself can follow you for years to come. A single DWI can show up on background checks and raise costs. Thinking ahead about your record is a smart move.

• Employment trouble, especially in jobs that involve driving, security, or public trust.
• Professional license investigations from boards for nurses, teachers, real estate agents, and more.
• Higher insurance rates for 3 to 5 years, often with SR-22 issues.
• Housing application hurdles, since many landlords screen for arrests and convictions.

In the right situations, sealing or record-clearing tools might help down the line. Timing and eligibility rules matter, so ask about your options early.

Charged with a DWI? Contact McCarty-Larson, PLLC, for a Consultation

At McCarty-Larson, PLLC, we take DWI cases seriously, and we work hard to steady the ground under your feet. If you are looking for a direct plan and a genuine conversation about outcomes, please call us at 972-775-2100 or contact us through our website. We welcome your questions and will walk you through the ALR deadline, court settings, and defense options. Your future matters to us, and we are ready to stand up for it.