If you’ve been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Texas for the first time, it’s essential to understand your legal rights. A first offense DWI in Texas is serious, but you do not lose all your rights. With the right knowledge and legal strategy, you can protect your record, your license, and your future. This guide explains your legal rights after a first-time DUI offense in Texas, your options in court, and how you can minimize the long-term consequences.
First DUI vs. DWI in Texas: What’s the Difference?
In Texas, the proper legal term is DWI (Driving While Intoxicated), not DUI. However, DUI is still used informally, especially when referring to minors.
- DWI: Applies to drivers 21 or older with a blood alcohol concentration (BAC) of 0.08% or more, or who are impaired by alcohol or drugs.
- DUI: Applies to minors under 21 operating a vehicle with any detectable alcohol.
In most adult cases, you’ll be facing a first-offense DWI, a Class B misdemeanor unless enhanced by circumstances like high BAC or open containers.
Your Legal Rights After a First DWI in Texas
After being arrested or charged, you retain several legal rights under Texas and U.S. law. Knowing and using these rights can improve your legal outcome.
1. Right to Legal Counsel
You have the right to speak to and be represented by an attorney. If you can’t afford one, the court will appoint a public defender.
Hiring a defense attorney experienced in first-time DWIs gives you the best chance to negotiate a plea, secure a dismissal, or reduce penalties.
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2. Right to Remain Silent
You are not required to answer police questions beyond providing your name, license, and insurance. Anything you say can be used against you in court.
Pro tip: Do not admit guilt or discuss drinking or drug use without your attorney present.
3. Right to Refuse Field Sobriety Tests
You may legally refuse field sobriety tests (like the walk-and-turn or eye test). However, refusal may be used against you in court and may trigger a license suspension.
4. Right to an Administrative License Revocation (ALR) Hearing
If you fail or refuse a breath/blood test, Texas DPS will attempt to suspend your license. You have 15 days from the arrest to request an ALR hearing to contest this suspension.
| Situation | License Suspension Duration |
|---|---|
| Refused breath/blood test | 180 days |
| BAC ≥ 0.08% | 90 days |
| Refusal + prior ALR on record | 2 years |
Failing to request the hearing means automatic suspension, so it’s crucial to act quickly.
5. Right to Challenge Evidence in Court
Your attorney can:
- Challenge the legality of the traffic stop
- Contest the accuracy of BAC tests
- Question whether the arrest followed proper legal procedure
Any errors may result in dismissal or reduction of charges.
Penalties for First-Time DWI in Texas
| Penalty | Details |
|---|---|
| Classification | Class B Misdemeanor |
| Jail Time | 3 to 180 days |
| Fine | Up to $2,000 |
| License Suspension | 90 days to 1 year |
| Surcharges (if convicted) | $1,000–$2,000 annually for 3 years |
| Ignition Interlock (if BAC ≥ 0.15%) | Required |
Enhanced penalties apply if:
- BAC ≥ 0.15%
- A child passenger was in the vehicle
- An accident occurred causing injury or damage
Options You Have as a First-Time Offender
Texas allows certain legal remedies for first-time DWI offenders to avoid long-term consequences:
1. Pretrial Diversion Programs
Some counties offer first-time offenders the opportunity to complete:
- Alcohol education classes
- Community service
- Counseling
- Abstaining from drugs/alcohol
If completed, charges may be dismissed and expunged.
2. Deferred Adjudication (HB 3582)
As of 2019, first-time DWI offenders may qualify for deferred adjudication, meaning:
- You plead guilty, but no conviction is entered.
- You complete probation.
- You avoid a final conviction if probation terms are met.
You may still need to install an ignition interlock device during probation.
3. Expungement or Nondisclosure
If your case is dismissed or you receive deferred adjudication, you may qualify for record sealing (Order of Nondisclosure).
This prevents public access to your DWI record and can help with:
- Employment
- Housing
- Insurance premiums
What You Cannot Do After a First DWI Conviction
- You cannot legally refuse to install an ignition interlock if ordered.
- You cannot drive on a suspended license without an occupational license.
- You cannot have your conviction expunged unless dismissed or deferred.
How an Attorney Helps Protect Your Rights
A qualified Texas DWI lawyer can:
- Represent you at your ALR hearing
- Identify defenses for dismissal or reduction
- Negotiate for deferred adjudication or reduced sentencing
- Help you apply for an occupational license
Internal Resource
Need help covering the cost of legal representation or penalties? Visit our legal protection insurance guide to learn how coverage can help reduce financial stress after a DWI.
External Resources
- Texas Department of Public Safety – ALR Program
- Texas Penal Code Section 49.04 – DWI Law
- Texas Fair Defense Project
Frequently Asked Questions (FAQs)
Will a first-time DWI ruin my life?
Not necessarily. With legal guidance, many first-time offenders avoid long-term consequences through deferred adjudication, record sealing, or dismissals.
Can I go to jail for a first DWI?
Yes, jail time is possible, but many first-time offenders receive probation or alternative penalties, especially with legal representation.
Can I still drive after a first DWI?
If your license is suspended, you may be eligible for an occupational license that allows driving to work, school, and essential places.
How long will the DWI stay on my record?
A conviction stays permanently unless sealed or expunged. Deferred adjudication may lead to record sealing after a waiting period.
Do I need an attorney for a first DWI?
It’s strongly recommended. A skilled lawyer increases your chances of avoiding harsh penalties or even winning dismissal.
Final Thoughts
Your legal rights after a first DUI (DWI) offense in Texas are protected—but only if you act quickly and smartly. You have the right to fight your charges, protect your license, and seek alternatives like deferred adjudication. The first 15 days after arrest are crucial for requesting hearings and securing legal help. Don’t navigate the process alone—use your rights and the resources available to minimize the impact on your life.
