First-Time DWI in Houston: What Really Happens From Arrest to Disposition

For most first DWIs in Texas, the charge starts as a Class B misdemeanor with 72 hours–180 days in jail possible and a court fine up to $2,000. If your BAC is 0.15+, it’s enhanced to a Class A misdemeanor (up to 1 year in jail and $4,000 fine). Texas also adds a mandatory state fine at sentencing: $3,000 for a first DWI, or $6,000 if BAC is 0.15+. Texas Statutes+1

From the roadside to the courtroom: the Houston DWI timeline

1) The stop, tests & arrest

After an HPD, Constable, or Sheriff’s stop, officers may run standardized field sobriety tests and request a breath or blood sample. Refusing or failing triggers a separate civil license process called ALR (Administrative License Revocation). Texas Department of Public Safety

2) The 15-day ALR deadline (don’t miss this)

You generally have 15 days from service of the suspension notice to request an ALR hearing—or your license suspension will kick in on about day 40. Typical first-offense suspension lengths: 90 days after a test failure, 180 days after a refusal. You can often seek an occupational license to keep driving for essentials while the case is pending. Texas Department of Public Safety

3) Release & bond conditions

After booking, first-offense DWIs in Harris County are commonly released on bond with conditions tailored by the judge. Courts may order ignition interlock (especially with high BAC or safety concerns) and can later restrict your DL if interlock is ordered. Interlock is mandatory by statute for many repeat/alcohol-related cases; for first-timers it’s discretionary but increasingly common. FindLaw Codes+1

4) Arraignment & early strategy

Your first setting in a Harris County Criminal Court at Law is where rights are reviewed and plea options are not taken yet. Your defense team starts pulling body-cam, breath/blood records, and lab documentation, and evaluating suppression issues (the stop, probable cause, test protocols).

5) Negotiation, diversion, or trial

Outcomes for a first offense vary by facts, BAC, prior record, and court policy:

• Dismissal (e.g., evidentiary issues).

• Reduction (e.g., to Obstruction of a Highway in some cases).

• Pretrial intervention (diversion) for eligible first-timers in Harris County may be offered case-by-case; successful completion can lead to dismissal and eligibility to seek expunction, but availability and terms change over time. Napier Law Firm

• Deferred adjudication or probation terms may include classes, community service, no-alcohol conditions, and interlock monitoring.

• Trial the State must prove intoxication beyond a reasonable doubt; your attorney challenges the stop, tests, and scientific reliability.

What penalties look like in the real world (first offense)

• Charge level: Class B by default (Class A if BAC ≥ 0.15). Texas Statutes

• Jail range: 72 hours–180 days (Class B); up to 1 year (Class A). Texas Statutes

• Court fine cap: Up to $2,000 (Class B) or up to $4,000 (Class A). Texas Statutes

• Mandatory state fine at sentencing: $3,000 for a first conviction in 36 months; $6,000 if BAC ≥ 0.15. Texas Statutes

• License: ALR suspension 90 days (test failure) or 180 days (refusal) for 21+ on a first; reinstatement fee applies. Occupational licenses are often available. Texas Department of Public Safety

• Interlock: Discretionary on many first offenses, but courts can require it as a bond or probation condition; statutes mandate it in specified situations (and for many repeat cases). FindLaw Codes

Can a first-time DWI be sealed from public view later?

Texas allows orders of nondisclosure in certain DWI scenarios if statutory requirements are met (for example, completing community supervision, meeting waiting periods, and typically BAC under 0.15). Eligibility is technical and time-sensitive—your lawyer will map the right path (nondisclosure differs from expunction). Texas Courts+1 

Expunction: If your case is dismissed for no probable cause or you are found not guilty at trial your lawyer can file a petition to expunge your records. 

 

How Tritico Law helps first-time DWI clients in Houston and across Texas

• ALR rescue plan: We immediately calendar the 15-day hearing request, then prep for SOAH (subpoenas, officer cross-exam). Texas Department of Public Safety

• Science & suppression: We audit the traffic stop, SFSTs, breath/blood collection, and lab chain-of-custody to spot dismissal or reduction leverage.

• Smart outcomes: Where appropriate, we negotiate for diversion/deferred terms tailored to keep your record employable and driving privileges intact. Napier Law Firm

Free consultation: If you’re searching for “first offense DWI Houston penalties” because of a recent arrest, call Tritico Law. Early moves—especially the ALR hearing—can change your case trajectory. Texas Department of Public Safety

FAQs: First-Offense DWI in Houston

How long do I have to act after arrest?
Only 15 days from the ALR notice to request a hearing; miss it and your suspension typically starts around day 40. Texas Department of Public Safety

What if my BAC was 0.15 or higher?
The charge is enhanced to Class A, with higher jail and fine exposure and a $6,000 state fine at sentencing. Courts are more likely to require ignition interlock as a condition. Texas Statutes+1

Will I lose my license on a first DWI?
Possibly via ALR: 90 days for a test failure or 180 days for a refusal on a first offense (21+). You may qualify for an occupational license. Texas Department of Public Safety

Is interlock required for a first offense?
It’s mandatory in several repeat/serious scenarios by statute and may be required by a Harris County judge in first-offense cases (especially with high BAC) as a bond or probation condition. FindLaw Codes

 

Can I keep this off my public record?
Some first-time defendants later qualify for nondisclosure (record sealing to the public) if they meet Government Code requirements and wait periods. Ask us to evaluate your eligibility early. FindLaw Codes