Class B Misdemeanor in Texas: Punishment Range, First-Offense DWI, and Probation

The base range

A Class B misdemeanor carries up to 180 days in county jail and a fine up to $2,000 under § 12.22. The 180-day ceiling sits halfway between Class C (fine only) and Class A (up to one year), and county court at law is the venue. Indigent defendants have the right to court-appointed counsel.

The realistic outcome on a first-time Class B case in Collin, Dallas, Denton, or Tarrant County rarely involves serving the 180-day maximum. Probation, deferred adjudication, and pretrial diversion are the dominant resolution pathways. Where confinement is imposed, it is most often a structured short term (3 to 30 days) tied to a plea, with credit for time served on the back end.

Common Class B offenses

The Class B menu in North Texas is dominated by first-offense DWI under § 49.04, possession of marijuana under two ounces, theft of property worth $100 to $750, and criminal trespass of a building. Together those four offenses account for the majority of Class B filings.

• DWI first offense — § 49.04(b). BAC 0.08 to under 0.15 (a BAC at or above 0.15 makes the first-offense DWI a Class A).
• Possession of marijuana, under 2 ounces — Tex. Health & Safety Code § 481.121(b)(1).
• Theft of property worth $100 to $750 — § 31.03(e)(2)(A).
• Criminal trespass of a building — § 30.05(d)(1) (basic criminal trespass; trespass of a habitation is Class A).
• Terroristic threat — § 22.07 (base offense; specific aggravators elevate the class).
• Possession of a dangerous drug — Tex. Health & Safety Code § 483.041.
• Evading arrest on foot — § 38.04(b)(1) (base offense without a vehicle).
• Prostitution, first offense — § 43.02.
• Driving while license invalid (base offense) — Tex. Trans. Code § 521.457(f)(1).
• Harassment — § 42.07 (base offense; specific aggravators including stalking pattern elevate).

First-offense DWI as a Class B

A first-offense DWI in Texas is a Class B misdemeanor under § 49.04(b) when the BAC is between 0.08 and below 0.15. A BAC at 0.15 or above on a first offense triggers § 49.04(d) and pushes the case to Class A. A first DWI with a child passenger under 15 is a state jail felony under § 49.045 regardless of BAC.

Three things make a first-DWI Class B case meaningfully different from a generic Class B:

1. Administrative license revocation (ALR) runs on a parallel track. The Texas Department of Public Safety initiates an ALR proceeding under Tex. Trans. Code ch. 524 based on the breath/blood test or refusal. The 15-day clock to request an ALR hearing runs from the date of the notice of suspension — missing the deadline means automatic suspension regardless of the criminal-court outcome.
2. The plea has license consequences the criminal court does not control. A DWI conviction triggers driver-license surcharges under the now-repealed Driver Responsibility Program (for older offenses) or current ignition-interlock and license-restriction rules. An occupational driver’s license under § 521.241 et seq. may be necessary during any suspension period.
3. Deferred adjudication is statutorily restricted. Historically, deferred adjudication was unavailable for DWI cases. House Bill 3582 (eff. 9/1/2019) created a narrow first-DWI deferred adjudication path under specific BAC and clean-record conditions. Whether a particular case qualifies is one of the first questions defense counsel should answer.

Probation and deferred adjudication

Class B probation is broadly available. Judge-ordered community supervision under art. 42A.053 runs up to two years (extendable one additional year for restitution). Deferred adjudication under art. 42A.101 is available for most Class B offenses, with the DWI carve-out noted above.

The realistic outcome for a first-time Class B defendant with no aggravators is typically:

• Pretrial diversion (where available in the county) for theft, marijuana, and certain other non-violent offenses — produces a dismissal before any plea.
• Deferred adjudication for most non-DWI Class B cases — produces a dismissal after successful completion, eligible for non-disclosure after the statutory waiting period.
• HB 3582 first-DWI deferred for qualifying DWI cases — same dismissal pathway with DWI-specific conditions.
• Straight probation with conviction entered for cases where deferred is unavailable or the State will not agree to it.

Common conditions on a Class B probation include monthly reporting, fine and cost payment, community service (often 16 to 40 hours), drug or alcohol assessment, and offense-specific programming. A first-DWI probation almost always includes a 12-step or DWI Education Program requirement plus an alcohol assessment.

Driver license consequences (DWI-specific)

A first-offense DWI Class B in Texas triggers two separate license consequences: administrative license revocation under ch. 524 (test failure) or under ch. 724 (test refusal), and a conviction-driven suspension on the criminal-court outcome.

Three timelines run in parallel after a DWI arrest:

• ALR clock. 15 days from notice to request a hearing. Failure to request means automatic 90-day suspension (test failure) or 180-day suspension (test refusal). Prior refusals or failures within 10 years extend the period.
• Criminal docket clock. The county-court-at-law case proceeds independently. Outcome can be probation, deferred, or trial.
• Occupational license clock. An occupational driver’s license may be obtained during any suspension to permit work, school, and essential-need driving, with an interlock often required.

Defense work coordinates the three tracks so that a successful ALR hearing or a strategic plea structure produces the best overall license outcome — not just the best criminal-court outcome.

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