Texas DWI (1st offense) is a criminal offense under Penal Code § 49.04. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Texas Penal Code § 49.04 — defended by L and L Law Group, PLLC in Collin, Dallas, Denton, and Tarrant counties.
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
DWI (1st Offense) in Texas is defined under Penal Code § 49.04. Texas DWI first offense under Penal Code § 49.04 — definition, penalties, ALR hearings, and defense strategies. Below: the controlling statute, the punishment range, and the defenses we use at L and L Law Group.
If you have been charged with DWI (1st Offense) in Texas, the criminal defense team at L and L Law Group, PLLC handles cases like yours every day across Collin County, Dallas County, Denton County, and Tarrant County. Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) take cases personally — there is no associate or paralegal screening clients out before you speak with a lawyer.
L and L Law Group's criminal defense lawyers provide the current law defining DWI (1st Offense) in Texas Penal Code § 49.04, as follows[1]:
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. "Intoxicated" is defined at §49.01(2) as: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
This statutory language controls every DWI (1st Offense) prosecution in Texas. Each element — the act, the mental state (mens rea), the result, and any jurisdictional element — must be proved beyond a reasonable doubt by the State. The defense lawyer's job is to identify where the State's proof falls short of any required element.
DWI (1st Offense) is classified into the following punishment categories under Texas law[2]:
| Circumstance | Classification | Punishment range |
|---|---|---|
| DWI 1st (BAC under 0.15) | Class B misdemeanor | 72 hours - 180 days county jail; up to $2,000 fine + state fine |
| DWI 1st (BAC 0.15+) | Class A misdemeanor | Up to 1 year county jail; up to $4,000 fine + state fine |
| DWI with child passenger | State jail felony | 180 days - 2 years state jail |
The actual punishment imposed on any given case can be substantially less than the maximum — through plea negotiation, deferred adjudication, probation, or pretrial diversion. We routinely negotiate punishment well below the statutory maximum and, in many cases, achieve dismissal or pretrial diversion outcomes.
Defenses to DWI (1st Offense) fall into three categories: factual defenses (the alleged act did not happen, or did not happen as alleged), legal defenses (a justification or excuse recognized by law), and constitutional defenses (the State obtained evidence in violation of the defendant's rights). The most common defenses we raise in DWI (1st Offense) cases:
The right defense depends on the specific facts and the specific evidence the State has. We evaluate every case for all three categories of defense before plea conversations begin.
The Texas statute of limitations for DWI (1st Offense) is governed by Code of Criminal Procedure Article 12.01[3]. Limitations periods range from 2 years for Class C misdemeanors to no limitation at all for capital felonies and certain offenses against children. Most felonies fall into a 3-year or 5-year window from the date of the offense. After limitations runs, the State cannot prosecute — limitations is an absolute bar.
Probation eligibility depends on the classification, the defendant's criminal history, and whether the offense is on the 42A.054(a) (formerly "3g") aggravated-offense list under Code of Criminal Procedure Chapter 42A. For most DWI (1st Offense) cases, both straight probation and deferred adjudication are available subject to the State's plea offer and the judge's discretion. For a complete framework on how probation works in Texas, see our punishment range page.
Texas classifies criminal offenses on a continuum from Class C misdemeanor (fine-only) to capital felony (life without parole or death). DWI (1st Offense) can be classified at multiple levels depending on the circumstances — see the table above for the specific classification that applies to your case. For background on what each Texas criminal classification means, see our felony classification overview and misdemeanor classification overview.
The Texas criminal process has predictable stages. After arrest, you appear before a magistrate within 48 hours, where bond is set (see bond conditions). The DA's office then makes a charging decision; for felonies, the case goes to a grand jury (see active investigations). At arraignment, you enter a plea. Discovery, motions, and plea negotiation follow (see fighting a charge). Most cases resolve before trial — but the cases that resolve favorably are the cases where the defense was genuinely ready to try the case if necessary.
L and L Law Group, PLLC handles DWI (1st Offense) cases personally — Reggie London (TX Bar 24043514) and Njeri London (TX Bar 24043266) appear in court on every case we accept. We do not refer cases to associates or use junior attorneys to make first appearances. The same attorney you meet at the consultation is the attorney who handles your case.
We serve clients across DFW including:
Call (972) 370-5060 for a free, direct-to-attorney consultation. Email info@landllawgroup.com if calling is not safe right now.
Charged with DWI (1st Offense)? Time matters. The first 48 hours often shape the entire case.
Speak with an attorney Call direct(972) 370-5060 Email usinfo@landllawgroup.comIt depends on the specific circumstances. See the classification table above — DWI (1st Offense) can range from a Class C misdemeanor to a 1st-degree felony depending on facts. Even an offense that "looks like" a misdemeanor on its face can be enhanced by priors, victim category, deadly weapon, or other aggravators.
The maximum depends on the classification. The most serious circumstance category in the table above shows the highest available punishment for DWI (1st Offense) in Texas. For specific cases, enhancement paragraphs (priors), 3g/42A.054(a) findings, or deadly-weapon findings can change the analysis.
Sometimes yes. Reductions usually happen through plea negotiation — the State agrees to dismiss the original charge in exchange for a plea to a lesser offense (lesser-included or a different statute). We negotiate reductions in many cases when the State's evidence has weaknesses or when significant mitigation is presented.
Yes — dismissals happen through successful motions (suppression, dismissal for insufficient evidence), pretrial diversion completion, deferred adjudication with successful probation completion, or plea negotiation where the State agrees to dismiss in exchange for a plea to a different charge.
Only if the case ended favorably — dismissal, acquittal, no-bill, or Class C deferred completion. If you were convicted or completed deferred adjudication, the remedy is non-disclosure under Government Code §411, not expunction. See our expunction vs. non-disclosure page for the full framework.
Possibly. Many Texas convictions trigger immigration consequences under federal law — particularly crimes of moral turpitude, aggravated felonies, and offenses involving controlled substances. The analysis is specific to your immigration status and the specific facts. We work with immigration counsel when a case has immigration implications.
Most Texas charges do not. The reportable offenses under Code of Criminal Procedure Chapter 62 are specific — primarily sex offenses, child abuse offenses, and certain kidnapping offenses with sexual motivation. See our sex offender deregistration page for the registration framework if applicable.
Fees depend on the complexity of the case, the level of charge, and the projected work. Most cases are handled on a flat fee. We discuss fees during the consultation and provide written engagement agreements.
L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.