If you’ve been arrested for driving while intoxicated, these are the top five things you need to know about the penalties for a first DWI. My name is Justin Wilson. I’m the owner and founding attorney at My Dallas Criminal Lawyer, a criminal defense firm based in Frisco, Texas. Before starting the firm, I served as a prosecutor in the Collin County District Attorney’s Office, so I know how the State builds these cases.
Where a First DWI Starts: Class B or Class A
By default, a first DWI in Texas is a Class B misdemeanor. A blood or breath alcohol concentration of 0.15 or greater increases it to a Class A, and both can be punished with probation or jail time. While the majority of first-time offenders receive probation, the terms and consequences of probation can vary significantly.
1. Jail Sentences
Jail sentences for a Class B DWI range from 72 hours up to 180 days. Class A DWI cases can range from 0 days up to 1 year in the county jail.
2. Probation
Probation for a misdemeanor DWI can last up to 2 years, with no minimum length required.
3. A Class A Can Often Be Reduced to a Class B
A skilled DWI attorney can often negotiate to get a Class A DWI reduced to a Class B.
4. Deferred Adjudication Is Available for a Class B DWI
A Class B DWI can receive deferred adjudication, which means no conviction and the possibility of an early release from probation.
5. You May Be Able to Hide the Case From Public View
You may be eligible for a nondisclosure, which will hide your case from public view, so long as you resolve your DWI as a Class B misdemeanor.
Arrested for DWI? We Can Help
If you’ve been arrested for driving while intoxicated, call My Dallas Criminal Lawyer. Our experienced attorneys will fight to get the best outcome for your case. From our Frisco office we defend DWI cases across Collin, Denton, and Dallas Counties. Call (214) 764-5535 and book your consultation today.
Related reading: Is a DWI a Felony in Texas? and DWI vs DUI in Texas: What’s the Difference?
Frequently Asked Questions
Is a first DWI in Texas a felony?
No. By default, a first DWI in Texas is a Class B misdemeanor. A blood or breath alcohol concentration of 0.15 or greater increases it to a Class A misdemeanor.
How much jail time can a first DWI carry in Texas?
A Class B DWI carries 72 hours up to 180 days in jail. A Class A DWI ranges from 0 days up to 1 year in the county jail. Most first-time offenders receive probation instead of jail.
Can I get deferred adjudication for a first DWI?
Yes, a Class B DWI can receive deferred adjudication, which means no conviction and the possibility of an early release from probation.
Can a first DWI be hidden from my record?
You may be eligible for a nondisclosure, which hides your case from public view, so long as you resolve your DWI as a Class B misdemeanor.
