First-Offense Roadmap: What Happens on the First DWI in Texas and How to Protect Yourself at Each Step

On a first DWI in Texas, you face two tracks at the same time: a criminal case in court and a separate civil license process that can suspend your driving privileges unless you request an ALR hearing within 15 days. From the traffic stop to arraignment, discovery, and plea or trial, what you do in the first few days influences your license, your record, and your costs. If you are in Houston or a nearby county, the procedures are Texas wide, but local timelines and settings can vary by court.

Quick overview: what happens on the first DWI in Texas

You were stopped, investigated, arrested, and released with paperwork. Now two clocks are running. One is the Administrative License Revocation process that starts right away. The other is the criminal case that begins with your first court date. If you are a practical provider like Mike, a Houston construction manager worried about his job and family, your top priorities are driving to work, keeping insurance costs contained, and getting a clear action plan that fits your schedule.

• ALR clock: 15 days to request a hearing to try to stop or delay a license suspension.
• Court clock: an arraignment or first appearance where you will hear the charge and address bond or reset dates.
• Evidence stage: obtain reports, videos, and test results, then analyze defenses.
• Decision points: negotiate, enter a diversion or probation if eligible, or set the case for trial.
• Final date: a plea or trial decision and sentencing if convicted, or dismissal or acquittal if the state cannot prove the case.

For a deeper timeline that mirrors this roadmap, review these step‑by‑step actions after a first‑time DWI arrest.

Houston TX first-time DWI action plan: stop to station to release

This section maps the first hours. I will keep it plain and practical so you can plan work and family obligations.

1. The stop: A Houston officer observes a traffic issue or runs your plate. You must provide license, registration, and insurance. Field sobriety exercises are voluntary. Portable breath tests are usually for screening and are not the same as an evidentiary test.
2. Arrest decision: If the officer believes you are intoxicated, you are arrested and read statutory warnings. You may be asked for a breath or blood sample. Refusal can trigger an ALR suspension request.
3. Testing and release: Breath tests happen at a station. Blood tests require a warrant or consent. After booking, many first-timers in Harris County are released the same day or next morning, often with bond conditions like no alcohol and an ignition interlock depending on the facts and prior history.
4. Paperwork you should not ignore: You likely received a temporary driving permit or notice of suspension. This paper starts the 15-day window to request an ALR hearing. Put that date on your calendar right now.

Texas ALR license hearing deadline: how to protect your ability to drive

The ALR, or Administrative License Revocation, is a civil process that runs separate from the criminal case. If a test shows 0.08 or greater, the proposed suspension for a first adult offense is commonly 90 days. If you refused testing, the proposed suspension is commonly 180 days. You can fight the suspension, but you must act quickly.

• Deadline: You generally have 15 days from the date you received the notice to request an ALR hearing. Missing this deadline usually means an automatic suspension begins on the 40th day after notice.
• How to request: You or your lawyer can request the hearing online through the Official DPS portal to request an ALR hearing.
• Practical steps: Save the notice, confirm your mailing address, and track certified mail. Consider an occupational license plan in case a suspension starts later.

For plain-English directions, this page shows how to request and preserve your driving license. For the legal basis behind ALR, you can read the Texas statute governing the ALR civil license process.

Why this matters to you: If you run crews across job sites or need to drop kids at school, keeping legal driving status reduces stress, protects your job, and keeps your insurance from spiking more than it must.

First court date and arraignment in Houston: what to expect

In Harris County, the first appearance is often called an arraignment or initial setting. You will be told the charge, reminded of bond conditions, and given a new court date. Some courts allow a lawyer to appear for you. Others require you to attend at least the first time. Plan for parking and security lines at the courthouse.

• What usually happens: You or your lawyer confirm representation, request discovery, and set the case for a later date. No witnesses testify at this setting. You will not be asked to tell your side of the story.
• Bond conditions: Interlock, abstain from alcohol, testing, no new offenses. Violations can lead to bond revocation, new conditions, or extra costs.
• Paper trail: Keep every setting slip, notice, and receipt in one folder. Calendar the next date. Add buffer time to handle traffic and security.

For busy supervisors like you: communicate with HR about time off in a simple factual way. You can say you have a legal appointment downtown and will return afterward. Keep details private unless your job requires disclosure.

Discovery and evidence: what gets tested and how it can be challenged

Discovery is the set of reports, videos, breath or blood records, and maintenance logs. In a Houston DWI, this often includes dashcam, bodycam, 911 audio, intoxilyzer or blood-testing documents, and sometimes CAD logs that show the timeline. A thorough review looks for human and scientific error, not just the number on a report.

Evidence challenge examples that often matter

• The stop: Was there a clear traffic or reasonable suspicion basis. If not, a motion to suppress may exclude all evidence after the stop.
• Field sobriety instructions: Were standardized instructions given. Poor lighting, wind, medical issues, or boots can affect performance. Officers should account for that.
• Breath testing: Was a proper observation period followed. Were maintenance and calibration records compliant. Mouth alcohol, burping, or acid reflux can skew results.
• Blood testing: Was the warrant valid. Were chain of custody and storage temperatures correct. Fermentation, contamination, or anticoagulant issues sometimes arise.
• Video versus narrative: Do videos match the written report. Juries and judges notice contradictions.

Micro story: Mike, a Houston foreman, thought his case was hopeless after a reported 0.12. Video showed heavy rain, a sloped shoulder, and steel-toed boots during field tests. The breath log revealed a broken observation period. Those details changed negotiation leverage and the final outcome. Your facts may be different, but small details can matter.

Decision paths after discovery: negotiate, diversion, probation, or trial

Once you see the evidence, you and a qualified Texas DWI lawyer can discuss options. The path should be based on facts, risk tolerance, work needs, and family priorities.

• Negotiated outcomes: Reduction or dismissal in exchange for conditions can occur when proof problems exist. Results depend on the evidence and policies. No ethical lawyer can guarantee a specific outcome.
• Diversion or pretrial intervention: Some Texas counties offer programs for select first-time offenders. Eligibility depends on BAC, crash or child passenger facts, and your background. Successful completion can lead to a dismissal in certain programs. Availability and rules change, so verify the current policy in the court handling your case.
• Probation, also called community supervision: This is common in first-offense cases. You must follow conditions set by the judge, such as classes, community service, and testing. Violations can lead to sanctions or revocation.
• Trial: If the state’s proof is weak or you are not eligible for a favorable non-trial path, a trial lets a jury or judge decide. The preparation time needs to fit your work calendar and family schedule.

First offense DWI probation conditions and common penalties

Texas penalties vary by facts and history. A standard first DWI is a Class B misdemeanor with a punishment range up to 180 days in jail and up to a 2,000 dollar fine, with a minimum of 72 hours on the books. If the alcohol concentration is 0.15 or higher, the charge can be enhanced to Class A with up to one year in county jail and up to a 4,000 dollar fine. Texas also uses state fines that can apply at conviction, which can increase the total cost significantly. Judges often suspend jail time if you complete probation successfully.

Typical probation requirements for a first DWI

• DWI Education class, often 12 hours.
• Alcohol or drug evaluation, plus any recommended counseling.
• Community service, often in the 24 to 100 hour range.
• Ignition interlock if ordered by the court or required by statute, especially at 0.15 or higher.
• No new law violations, no alcohol, and testing when requested.
• Victim Impact Panel attendance if ordered.
• Fees, court costs, and supervision visits.

For a closer look at custody exposure and substitutes like work release or SCRAM, see what jail time and alternatives look like for first DWI.

Reality check: A first DWI is not a traffic ticket. It can affect your driver’s license, your insurance premium, and in some jobs your ability to enter certain sites or operate company vehicles.

Employer, insurance, and financial impact

Most private employers do not automatically terminate a first-time DWI, but safety-sensitive roles may have stricter rules. Trucking, refinery, health care, and education jobs can require reporting or periodic background checks. Insurance companies commonly raise rates after a conviction or a major claim. The total cost of a first DWI can include towing, impound, evaluations, classes, interlock, fines, court costs, and time away from work.

If you need a deeper dive on record and hiring questions, read how a DWI can affect your employment and driving record.

For the Practical Provider: These dollars and hours hit your budget and your calendar. A clear plan that protects your license early and shortens court visits helps you keep crews moving and keep your family routine intact.

Common misconception to avoid

Myth: A first DWI will be wiped away in a few years. Correction: In Texas, a DWI is a criminal offense that does not simply disappear. In some situations a nondisclosure order may limit public access after certain waiting periods, but it is not automatic and eligibility depends on facts, BAC level, and completion of conditions.

Short data and odds section for Analytical Planner (Daniel/Ryan)

• Timelines: ALR hearing request within 15 days. First court setting often 20 to 60 days from arrest, then multiple settings are common. Many first-offense cases take several months to resolve, sometimes longer if a trial is set.
• License exposure: First failure suspension often 90 days. First refusal suspension often 180 days. An occupational license may allow work driving after proper filings.
• Penalty ranges: Class B up to 180 days and 2,000 dollars. Class A for 0.15 or higher up to one year and 4,000 dollars. State fines can add 3,000 dollars for a first conviction and 6,000 dollars at 0.15 or higher, separate from any court fine.
• Decision points that shift odds: strength of the stop, quality of field test instructions and video, scientific reliability of breath or blood, and whether any accident or child passenger is alleged.

Bottom line for planners: The earlier you lock in the ALR request and begin evidence preservation, the more options you keep for later stages.

Brief asides for other readers

Healthcare Professional (Elena): If you hold a Texas professional license, handle HR and board reporting deliberately. Track the ALR request immediately to keep uninterrupted commuting to shifts. Confidential counseling and proof of compliance with any monitoring order often matter more to boards than soundbites from the arrest report.

Status-Conscious Client (Sophia/Jason): Discretion is possible. Many courts allow attorney-only appearances for routine settings. Sensitive communications can be coordinated so your name does not appear in avoidable places, and file reviews can be scheduled to minimize time in public areas.

Uninformed Young Driver (Tyler/Kevin): A first DWI is not a slap on the wrist. Think in thousands of dollars, months of conditions, and the 15-day clock that can take your license if you ignore it. Get informed now so you do not add a failure to appear or an avoidable suspension to your record.

High-Stakes VIP (Chris/Marcus): Expect strict privacy planning, from secure evidence review to discreet scheduling and interlock arrangements. The goal is to protect mobility and reputation while building the defense, without public drama.

Step-by-step roadmap from stop to final court date

1) The stop

The officer must have reasonable suspicion to stop your car, such as speeding, weaving within a lane with additional factors, or a light violation. Your polite silence is your right. Hand over your license and insurance, then wait for clear questions. If asked to step out, do so safely.

2) The investigation

Field sobriety tests are designed to divide attention. The instructions are scripted and the scoring is precise. Video helps show the real scene. Your footwear, the slope of the surface, weather, injuries, and fatigue can all matter later.

3) The arrest and the test

You will receive DIC statutory warnings about breath or blood testing. A refusal often triggers a longer proposed ALR suspension than a failure. A warrant can be sought for blood. Keep copies of any medical discharge papers if there was a crash, because those records may help clarify timing and alternative explanations.

4) Release and the 15-day ALR request

Once released, mark the ALR deadline on your calendar. Use the Official DPS portal to request an ALR hearing or coordinate through counsel, and read this guide on how to request and preserve your driving license. Track email confirmations and mailing receipts. If a suspension later takes effect, plan for an occupational license so you can drive legally for work and essential chores.

5) First court date and arraignment

Be on time, dress neatly, and bring your setting slip. Many Houston judges handle long dockets, so expect waiting. Your lawyer will announce ready, request discovery, and discuss the next date. You will not be testifying about facts that day.

6) Discovery, motions, and negotiation

After receiving reports and videos, your lawyer analyzes whether the stop, the arrest, and the testing were lawful and reliable. Motions to suppress or exclude can be filed. If leverage appears, negotiation may secure a reduction, dismissal, or a probation that fits your life. If the state’s proof looks strong, you decide whether a trial is worth the risk or whether a negotiated outcome protects your main goals.

7) Plea, program, or trial

A plea must be knowing and voluntary. Diversion or pretrial intervention can be an option in some courts for first-timers who meet criteria. A trial is chosen when proof is weak or principles and consequences point that way. Each path has different timelines and costs. Pick the one that protects your license, job, and family best.

8) The final date

If you plead or are found guilty, the judge imposes a sentence. On probation, your focus turns to finishing conditions on time. If your case is dismissed or you are acquitted, talk about cleaning up records that can be cleaned up, such as expunging an ALR suspension record or seeking a nondisclosure where legally available.

Field decisions that protect you later

• Stay calm and safe: Politeness reduces extra charges like resisting.
• Use your rights: Provide identification. You do not have to answer questions like what you drank or where you came from.
• Medical facts matter: Knee, back, or inner ear issues. Diabetes or reflux. These can affect field tests and breath readings.
• Preserve video: Ask a passenger to record safely if lawful. Keep dashcam footage. Save receipts that show your timeline.

License preservation toolkit

• Request ALR within 15 days. Document your request date and confirmation.
• Review bond paperwork for interlock or travel limits. Follow them to avoid violations.
• Plan for an occupational license if a suspension hits. This requires filings and can take time.
• Keep insurance current. A gap can cause headaches if you need an SR-22 later.

If your BAC was 0.15 or higher

A reported 0.15 or higher increases the charge level and can trigger ignition interlock requirements. It can also affect eligibility for some diversion programs. This does not end the defense. Labs, devices, and procedures are human systems that can be wrong. The analysis still starts with the stop, the test, and the video.

Frequently asked questions about what happens on the first DWI in Texas

Will I lose my Texas driver’s license after a first DWI arrest

Not automatically. You can request an ALR hearing within 15 days to challenge the proposed suspension or to position yourself for an occupational license if needed. If you miss the ALR deadline, a suspension usually starts on day 40 after notice.

What happens at my first court date for a first DWI in Houston

Most first settings are short. You address representation, receive or request discovery, and get a new date. You will not be asked to explain facts. Expect to wait through a busy docket and follow bond conditions.

Is a first DWI in Texas a felony

Not in a typical case. A first DWI is usually a misdemeanor. It can become a felony if a child passenger is alleged or if serious injury or death is involved, which are different offenses with different rules.

How long will a first DWI case take

Many first-offense cases resolve in several months. If you pursue motions or set a trial, the timeline can extend. Use the time to gather evidence, complete classes early if advised, and protect your license through the ALR process.

How long does a DWI stay on my record in Texas

A DWI is a criminal case, not a ticket. Convictions do not automatically fall off a record. In some first-offense situations, a nondisclosure may be possible later under specific criteria, but it is not automatic.

Why acting early matters

The first 15 days are about mobility and options. Requesting the ALR hearing preserves your chance to avoid or delay a suspension and lets you gather sworn testimony that can help the criminal case. Early evidence capture, like saving video and receipts, strengthens your position. When your driving and your paycheck matter to your family, this early focus can prevent a small problem from becoming a big one.

Want bite-size answers as you work through each step You can use this interactive Q&A resource for common DWI questions for general education while you map out next steps. It does not replace legal advice for your specific situation.

Quick video walk-through for first-timers

Prefer a short explainer before you start calling around. This video gives a practical overview of immediate post-arrest choices that can protect your license, preserve evidence, and prepare you for ALR and court deadlines.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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