A DWI conviction stays on your record forever. There is no difference between pleading guilty and being found guilty by a jury. Guilty is Guilty. If you are found guilty, either by a plea or by a jury, the following are the ranges of punishment and common conditions that you would face.
First DWI
Class B Misdemeanor
Range of Punishment
Jail: Confinement in the county jail for not less than 72 hours nor more than 180 days.
Fine: A fine not to exceed $2,000.
If you had an open container in your possession when you were arrested, the minimum term of confinement is six (6) days in the county jail.
Most people convicted of their first DWI will have their jail sentence probated, or be placed on probation. Probation can last up to 24 months, and can be extended for another 12 months. Any violation of any condition of probation can result in your probation being revoked and the jail sentence being imposed.
Common Probation Conditions
Monthly Reporting: Failure to report can result in your probation being revoked and you being put in jail.
Community Service: Texas law mandates that you perform a minimum of 24 hours and no more than 100 hours of community service.
Jail Time: For a first DWI, this is rare, but you could be sentenced to 30 days in the county jail as a condition of probation. If your probation is revoked, it is optional for the judge to give you credit for those days.
Court costs: You will have to pay court costs of approximately $300.
Alcohol/Drug Evaluation and Counseling: You will be evaluated for a drug or alcohol problem (at your expense) and will be referred to counseling if it is deemed appropriate.
Deep Lung Air Device: See our section on Ignition Interlock for more details on this.
DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved course. If you fail to do so within 180 days, your driver’s license will be automatically suspended for 1 year.
Victim Impact Panel: This course is presented by MADD (see our section on MADD for more information about their workings).
Commit No Crimes: Any subsequent violation of the law can result in a revocation of your probation. A traffic ticket probably won’t do it, but other class C violations, such as public intoxication, can result in revocation.
Probation Fees: Every time you report to probation, you will have to pay them for your visit. This is usually $60-$65 dollars.
Drug/Alcohol Testing: At your probation officer’s discretion, you can be compelled to give a sample of your breath, blood, or more commonly your urine to determine the presence of any alcohol or drugs. A positive test can result in revocation.
Our goal in defending you is to try and ensure that you do not have to face any of these potential penalties or the stigma of being a convicted criminal for life.