A first-offense DWI arrest in Texas is a serious criminal matter — but it is not an automatic conviction. Many first-time DWI charges in Austin and Travis County are reduced, dismissed, or resolved through deferred adjudication. Understanding what you're facing, what deadlines apply, and what defenses are available is the first step to protecting your future.
Texas Penal Code § 49.04 defines Driving While Intoxicated (DWI) as operating a motor vehicle in a public place while intoxicated. Under Texas law, "intoxicated" means:
The BAC limit is 0.08% — but you can be charged and convicted at a lower BAC if the prosecution can prove you lacked normal use of your faculties. This makes the field sobriety test evidence and the officer's observations just as important as the chemical test results.
Texas DWI vs. DUI: In Texas, DUI refers specifically to minors (under 21) operating a vehicle with any detectable amount of alcohol. Adults are charged with DWI — the more serious offense.
A first-offense DWI in Texas (with no aggravating factors) is a Class B misdemeanor:
Criminal penalties:
DPS surcharges (additional annual costs for 3 years):
Enhanced first-offense charges:
Long-term collateral consequences:
A DWI arrest in Texas triggers two completely separate proceedings:
1. The criminal case (Class B misdemeanor charge in Travis County Court at Law)
2. The Administrative License Revocation (ALR) hearing (Texas DPS administrative proceeding)
The ALR deadline is 15 days from arrest. If you do not request an ALR hearing within 15 days of your arrest date, your driver's license will be automatically suspended 40 days after arrest — regardless of the outcome of your criminal case.
How to request an ALR hearing: You (or your attorney) must submit a written request to the Texas DPS within 15 days. Your attorney does this immediately upon retention.
Why the ALR hearing matters:
If you refused the chemical test: Your license will be suspended for 180 days on a first refusal. Requesting the ALR hearing and fighting this suspension is especially important.
Do not wait. Contact an Austin DWI attorney today if your arrest was within the last 15 days.
A first-offense DWI charge is not a guaranteed conviction. Experienced Austin DWI attorneys pursue multiple defense angles:
1. Challenging the traffic stop
Police must have reasonable suspicion — articulable facts — to pull you over. If the stop was based on a hunch, racial profiling, or insufficient observation, all evidence obtained after the stop may be suppressed. No stop = no case.
2. Attacking field sobriety test reliability
The three standardized field sobriety tests (Horizontal Gaze Nystagmus, Walk-and-Turn, One-Leg Stand) are scientifically contested and highly subjective. Medical conditions (inner ear disorders, eye conditions, fatigue, obesity), uneven pavement, improper footwear, and poor officer instruction all affect performance independent of intoxication.
3. Challenging breathalyzer accuracy
Texas uses the Intoxilyzer 9000. These machines require:
Any deviation in these requirements creates grounds to challenge or exclude breath test results.
4. Questioning blood test chain of custody
Blood draws must follow strict collection, storage, labeling, and analysis protocols. Any break in the chain of custody — from the draw to the lab to the courtroom — creates reasonable doubt.
5. Deferred adjudication
For first-time offenders, Travis County courts may offer deferred adjudication — a form of probation where, upon successful completion (typically 12–24 months), no final conviction is entered on your record. This may create a path to non-disclosure (sealing) of the arrest after a waiting period.
6. Pre-trial diversion
Travis County occasionally offers diversion programs for first-time DWI offenders — completing a treatment program in exchange for dismissal. Eligibility is limited and attorney-guided.
After a DWI arrest in Austin, the typical process in Travis County is:
Arrest and magistration: Within 24–48 hours of arrest, you appear before a magistrate who formally informs you of the charge and sets bond. An attorney at this stage can argue for personal recognizance (PR) bond or lower bond conditions.
Arraignment: You are formally read the charge in a Travis County Court at Law and enter a plea — almost always "not guilty" at this stage to preserve all options.
Pre-trial conferences: Your attorney meets with the prosecutor, reviews the evidence (dashcam, bodycam, breathalyzer records, lab reports), and assesses options for suppression motions, negotiated pleas, or trial.
Disposition: First-offense DWI cases in Travis County typically resolve through: (1) negotiated plea to a reduced charge (obstructing a highway is a common reduction), (2) deferred adjudication, or (3) trial by judge or jury.
Timeline: First-offense DWI cases in Travis County typically take 6–18 months to resolve from arrest to final disposition.
A conviction generally cannot be expunged. Texas expungement law does not allow expunction of most DWI convictions, even first offenses.
However, there are options:
The best outcome is prevention — an attorney who wins your case or achieves dismissal preserves full expunction eligibility. This is why fighting the charge from the beginning, rather than pleading quickly, has significant long-term value.
DWI attorney fees in Austin for a first offense typically range from $2,500 to $7,500, depending on:
Many Austin DWI attorneys offer payment plans. Compare this to the true cost of a first-offense DWI conviction:
| Cost Category | Estimated Amount |
|---|---|
| Fine | Up to $2,000 |
| Court costs | $1,500–$3,000 |
| DPS surcharges (3 years) | $3,000–$6,000 |
| Ignition interlock (1 year) | $1,200–$1,500 |
| Insurance increase (3 years) | $3,000–$6,000 |
| SR-22 filing | $200–$300 |
| Total estimated cost of conviction | $10,000–$18,000+ |
This doesn't include the career and licensing consequences that can follow a conviction for years. Investing in quality legal representation is almost always the financially sound decision — in addition to protecting your freedom and record.