What can happen after a first charge of DWI in Texas?  Many people in Texas enjoy having a few beers at the sports bar. Or, you may have a glass of wine at dinner.  You drive home after having a few drinks. If you are pulled over, you likely will be charged with a DWI.

The first thing to expect is that you are going to be arrested.  Do not try and talk your way out of it.  The police videotape most traffic stops. They may use the video against you.  We recently had a client jokingly ask the officers who he need to pay to get out of his arrest.  It was on the video.  The prosecutor claimed that our client was trying to bribe the officers.

If there is not a sober driver to take control of your vehicle, it will be impounded.  So, not only will you need to bond yourself out of jail; you’re going to pay to get your vehicle out of impound.

After Arrest

In most cases, your driver’s license will be confiscated. You will need to request a temporary driving permit.  The Administrative License Revocation (ALR) suspension starts forty days after the arrest. Unless, you request a hearing for an occupational license within 15 days of the arrest.

If your blood or breath alcohol concentration is below .15, you are over 21 years of age, there were no children in your vehicle at the time and you were not involved in an accident, you will likely be charged with a Class B misdemeanor. 

The Class B misdemeanor after a first DWI can include probation up to two years, monthly probation fees, court costs, a fine up to $2,000.00, required classes and counseling and community service hours.  The court can also require you pay to have an ignition interlock installed in your vehicle and to pay a monthly charge to maintain it.


This does not include how your vehicle insurance will be affected, or what will happen with your employment.  If you’ve had a few drinks, call a friend to come get you, call a taxi or Uber.  If you don’t one of your next calls needs to be to an attorney.  Drive safe.

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