A first DWI arrest is disorienting. Most people have never been in handcuffs, don’t know what a “Class B misdemeanor” really means, and have no idea that their driver’s license may already be on a separate administrative clock once notice of suspension is served. And if the arrest followed a crash that injured someone, there may also be a separate personal injury claim to deal with.
If you’ve been charged with driving while intoxicated for the first time in Williamson County, here is a clear picture of what to expect, what legal proceedings you may face, and what actually matters.
The arrest and the first few days
After a DWI arrest, you’ll typically be booked and held until you can be released on bond. Texas law does not require every first-time DWI arrestee to remain in jail for 72 hours before release; the 72-hour minimum in Texas Penal Code § 49.04 is part of the potential punishment for a Class B DWI conviction. Bond conditions can include restrictions such as an ignition interlock device, alcohol monitoring, or a no-alcohol requirement. Following those conditions matters: violating them can create a new legal problem on top of the original charge.
Two proceedings, not one
One of the most important things to understand about a Texas DWI is that an arrest can trigger two separate proceedings:
- A criminal case in court, which determines guilt and any fines, probation, or jail; and
- An administrative license suspension (ALR) handled through the Texas Department of Public Safety, which can suspend your license independently of the criminal outcome if you refused or failed an alcohol test.
They run on different tracks and different deadlines, and you may have to address both. The administrative proceeding has the tighter clock.
And sometimes, a third case: personal injury
If the DWI arrest followed a crash that injured someone, there may also be a separate civil personal injury claim. The criminal case determines whether the driver committed a crime; it does not determine or pay compensation for the injured person’s losses.
An injured person may pursue an insurance claim or lawsuit seeking compensation for medical expenses, lost income, pain and suffering, and other damages. Evidence from the DWI investigation can become important in that case, but an arrest by itself does not automatically establish civil liability. In Texas, personal injury lawsuits generally must be filed within two years of the injury under Texas Civil Practice and Remedies Code § 16.003.
The deadline hiding in plain sight: 15 days
If you refused a breath or blood test — or provided a specimen showing an alcohol concentration of 0.08 or higher — you generally have only 15 days after receiving notice of suspension to request an ALR hearing under Texas Transportation Code § 724.041 for a refusal or Chapter 524 for a failed test. Miss the deadline and the suspension can take effect automatically.
Texas’s implied consent law, Transportation Code § 724.011, generally provides that a person arrested for a qualifying intoxication offense is deemed to have consented to the taking of a breath or blood specimen. Refusing a test carries its own license suspension — commonly 180 days for a first refusal — separate from the criminal case.
Because the 15-day period begins when you receive the suspension notice, it is often the first thing a Williamson County criminal defense attorney addresses — well before the first court date.
How Texas defines and grades a first DWI
Under Texas Penal Code § 49.04, you commit DWI by operating a vehicle in a public place while intoxicated — meaning a blood or breath alcohol concentration of 0.08 or higher, or the loss of normal use of your mental or physical faculties because of alcohol, drugs, or a combination of substances.
A standard first offense is generally a Class B misdemeanor, which can carry 72 hours to 180 days in county jail and a fine of up to $2,000, along with possible driver’s-license consequences, additional state fines, and reinstatement fees. But several factors can push a “simple” first DWI into harsher territory:
- A BAC of 0.15 or higher raises a first offense to a Class A misdemeanor.
- Having a child passenger under 15 makes the offense a state-jail felony under Penal Code § 49.045.
- A crash causing serious bodily injury can lead to an intoxication-assault charge, while a death can lead to an intoxication-manslaughter charge.
Knowing exactly where your case falls — and what enhancements the facts might trigger — is the starting point for any realistic defense.
Can you keep driving?
Often, yes. Even with a suspension, many drivers can petition the court for an occupational driver’s license that allows essential driving for work, school-related activities, and household duties. Obtaining one generally requires proof of financial responsibility through an SR-22, and an occupational license issued because of an ALR or DWI suspension carries an ignition-interlock restriction.
First offenders may have options others don’t
One reason a first DWI is different is that some defendants may qualify for Williamson County’s Pre-Trial Intervention Program (PTIP). Successful completion can lead to dismissal of the pending criminal charge, avoiding a DWI conviction. Clearing the arrest and charge from your record, however, is a separate legal process.
Program requirements vary but may include assessments, community service, classes, and alcohol monitoring. Eligibility depends on factors such as criminal history, the circumstances of the offense, and the prosecutor’s approval. Williamson County’s published criteria specifically exclude DWI cases involving injury to another person, while factors such as a BAC of 0.15 or higher or a collision may affect the length of the program rather than automatically making an applicant ineligible.
Whether you qualify depends on the specific facts of your case, which is where familiarity with the Williamson County system can make a practical difference.
What to do after a first DWI arrest
- Don’t try to talk your way out of it. You must provide identifying information when legally required, but you are generally not required to answer questions about where you were or what you drank.
- Write down everything you remember about the stop, the tests, and what was said — details fade quickly and can matter a great deal.
- Calendar the 15-day ALR deadline immediately. Check the suspension notice carefully to determine when the deadline began running.
- Follow every bond condition to the letter.
- Get experienced local counsel quickly — both to protect the license deadline and because early review of the traffic stop, field sobriety tests, and chemical testing can shape whether charges can be reduced or dismissed.
The consequences worth taking seriously
Even a first DWI can leave a lasting mark: a criminal record, higher insurance premiums, and potential effects on employment and professional licenses. That long tail — combined with the possibility of dismissal through PTIP for those who qualify — is exactly why a first offense deserves careful handling from the start rather than a wait-and-see approach.
A first DWI is serious, but it is also, for many people, the kind of case where early, informed action can affect the outcome. Protect the 15-day license deadline, understand the separate criminal and administrative proceedings, and find out quickly whether a first-offender program may be available.