Brian Foley and Luis Baez are experienced criminal defense attorneys who defend clients against driving while intoxicated (DWI) charges in Texas. As former members of the vehicular crimes team, a unit which specializes in DWI offenses, they have a deep understanding of the laws and penalties surrounding this serious crime.
- If you failed or refused a breath or blood test, you have only 15 days from arrest to request an ALR hearing and save your driver's license.
- Even if you think you're guilty, a conviction is often still avoidable — the stop, the testing, and the evidence can all be challenged.
In Texas, a person commits an offense if they are found to be operating a motor vehicle while intoxicated in a public place. According to Texas Penal Code Section 49.04, a first-time DWI offense is generally considered a Class B misdemeanor, with a minimum term of confinement of 72 hours.
However, there are certain aggravating factors that can increase the severity of the charges. For example, if it is shown that at the time of the offense, the person operating the vehicle had an open container of alcohol in their immediate possession, the offense is elevated to a Class B misdemeanor, with a minimum term of confinement of six days.
Additionally, if an analysis of a specimen of the person's blood, breath, or urine shows an alcohol concentration level of 0.15 or more, the offense is considered a Class A misdemeanor, which carries even harsher penalties. If you have been charged with a DWI in Houston, it is important to seek the guidance of an experienced attorney who can help you navigate the legal system and protect your rights. Brian Foley and Luis Baez have a proven track record of successfully defending clients against DWI charges, and they are dedicated to providing their clients with the best possible defense.
Don't face these charges alone, contact Brian Foley and Luis Baez today to schedule a consultation and discuss your case.
First-Offense DWI Penalties in Texas
The penalties for a first DWI depend on the facts — most importantly your alcohol concentration and whether an aggravating factor applies. This chart shows how a first offense can be charged.
| Charge | Class | Jail | Fine |
|---|---|---|---|
| Standard first DWI | Class B Misdemeanor | 72 hours to 180 days | Up to $2,000 |
| With an open container | Class B Misdemeanor | Minimum 6 days | Up to $2,000 |
| BAC 0.15 or higher | Class A Misdemeanor | Up to 365 days | Up to $4,000 |
| With a child passenger | State Jail Felony | 180 days to 2 years | Up to $10,000 |
Beyond the criminal fine, Texas imposes a separate state fine at conviction — $3,000 for a first DWI, or $6,000 if your alcohol concentration was 0.15 or higher. A conviction can also bring a license suspension, an ignition interlock requirement, alcohol-education classes, community service, and years of higher insurance costs. Every one of those consequences is avoided when the case is dismissed or reduced before it becomes a conviction.
Two Cases, Two Clocks: Your License Is a Separate Fight
Many people don't realize a DWI arrest actually opens two separate cases. The Harris County District Attorney's Office prosecutes the criminal DWI, while the Texas Department of Public Safety pursues a civil case against your driver's license called an Administrative License Revocation (ALR).
That license case runs on a short clock. If you failed or refused a breath or blood test, you have only 15 days from the date of arrest to request an ALR hearing (or 20 days if DPS later mails a notice based on lab results). Miss that deadline and your license is suspended automatically — anywhere from 90 days to a year. Request it in time, and we not only protect your driving privileges, we also get the arresting officer under oath before your criminal trial, which can be one of the most valuable tools in the whole case.
The ALR deadline is one of the first things we handle. Call (713) 703-1718 as soon as possible after an arrest so we can request the hearing and start building your defense before evidence is lost.
What Happens After a First DWI Arrest
- Arrest & bookingMost DWIs begin with a traffic stop or a collision, followed by field sobriety tests and a request for a breath or blood sample. You are booked into jail and a magistrate sets your bond and any conditions.
- The 15-day license deadlineThe clock to request your ALR hearing starts immediately. This is the first deadline we protect.
- Evidence reviewWe obtain and scrutinize the offense report, the in-car and body-worn video, the field sobriety testing, and any breath or blood results — looking for every weakness in the State's case.
- Court settings & negotiationYour case is set in a county criminal court, where we file motions, challenge the evidence, and negotiate — always prepared to take the case to trial.
- ResolutionDismissal, reduction, a pretrial intervention program, a favorable plea, or a win at trial — with the goal of keeping a conviction off your record.
What to Do in the First 72 Hours After a Houston DWI Arrest
- Write down everything you remember — what you ate and drank and when, where you were stopped, what the officer said the reason for the stop was, what tests you did, and whether you gave breath or blood. Memories fade fast and details win DWI cases.
- Find your paperwork. The pink or yellow DIC-25 form is your temporary driving permit and your notice of suspension. Your bond papers list your court number and first court date.
- Do not post about the arrest on social media and do not discuss it with anyone but your lawyer. Prosecutors read Facebook.
- Call a DWI lawyer before day 15. The ALR hearing request is the first deadline, and video from the bar, the scene, or nearby businesses is often overwritten within 30 days if it is not requested.
- Comply with every bond condition — the interlock, the no-alcohol order, the check-ins. A bond violation puts you back in jail and makes the case harder.
Where a First DWI Is Heard in Harris County
A first-offense DWI is a misdemeanor, so it is filed in one of the sixteen Harris County County Criminal Courts at Law on floors 8 through 11 of the Criminal Justice Center at 1201 Franklin Street in downtown Houston. Each court has its own judge, coordinator, and practices on interlock, resets, and diversion — see our court-by-court guide. Our office at 310 Main Street is two blocks away.
Harris County's misdemeanor bail rules mean most first-time DWI defendants are released on a general order or personal bond within a day of arrest, but the magistrate will usually attach conditions: no alcohol, no driving without a valid license, and — especially with a 0.15+ result, an accident, or a refusal — an ignition interlock device. We regularly ask courts to remove or modify interlock conditions when the facts do not justify them.
Your Options for Keeping a Conviction Off Your Record
Every first-DWI case in Harris County has a path, and the right one depends on the evidence. From best to worst:
| Outcome | What it means | Record afterward |
|---|---|---|
| Dismissal or acquittal | The State drops the case, a motion to suppress wins, or a jury finds you not guilty | Expunction — the arrest is erased |
| Pretrial intervention | A supervised program through the District Attorney's Office; the case is dismissed on completion | Expunction after the waiting period |
| Reduction to obstruction of a highway or reckless driving | A plea to a non-DWI offense, often with deferred adjudication | Nondisclosure eligible; no DWI on record; no enhancement |
| Deferred adjudication for DWI | Available for a first DWI under 0.15; interlock required; no conviction if completed | Nondisclosure after 2 years with interlock (5 without); can still enhance a future DWI |
| Conviction with probation | 12–24 months of community supervision, classes, community service, fines | Nondisclosure possible after 2–5 years if first offense under 0.15 and no accident; otherwise permanent |
As former prosecutors, we know what the Harris County District Attorney's Office requires before it will offer diversion or a reduction, and we build the case for that outcome from day one — while preparing every case as if it will be tried.
What a First DWI Actually Costs in Harris County
The fine is the smallest part. A first-offense conviction typically involves: the criminal fine (up to $2,000, or $4,000 at 0.15+); the state fine at conviction ($3,000, or $6,000 at 0.15+); ignition interlock installation and monthly monitoring (roughly $70–$100 per month); the DWI Education class (12 hours) and a drug and alcohol evaluation; probation supervision fees; DPS license reinstatement fees; an occupational license if needed; and insurance increases that commonly run several thousand dollars over three years. A dismissal, a pretrial intervention program, or a reduction avoids most of that list entirely, which is why an early investment in the defense usually pays for itself.
Drug DWI, Prescription Medications, and Marijuana
"Intoxicated" under Texas law does not require alcohol. Not having the normal use of mental or physical faculties because of a drug, a prescription medication, marijuana, or a combination with alcohol is DWI too, and Houston-area agencies increasingly send blood for a drug panel when the alcohol result is low. Drug DWI cases are highly defensible: there is no legal per-se limit for THC or most medications, the Drug Recognition Evaluation protocol is subjective, and blood concentrations often say nothing about impairment at the time of driving. We have defended nurses, pilots, and CDL holders in prescription-medication DWI cases, and the analysis is very different from an alcohol case.
Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has developed standardized field sobriety tests (SFSTs) as a tool for law enforcement officers to determine if a driver is impaired by alcohol or drugs. These tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. These tests are designed to measure a person's balance, coordination, and ability to follow instructions, which can be impaired by alcohol or drugs.
The results of these tests, along with other evidence, can be used to establish probable cause for an arrest for driving under the influence. It's worth noting that these tests are not always accurate and an experienced criminal defense attorney can challenge the results.
Defending DWI — First Offenses
There are a variety of ways in which criminal defense attorneys can challenge DWI cases, some of which are:
- Challenging the legality of the traffic stop: In order for an officer to pull over a vehicle, they must have a reasonable suspicion that a crime has been committed. An experienced criminal defense attorney can challenge the stop if there was no probable cause for it.
- Challenging the results of field sobriety tests: The National Highway Traffic Safety Administration (NHTSA) has developed standardized field sobriety tests (SFSTs) to determine if a driver is impaired by alcohol or drugs. However, these tests are not always accurate and can be challenged by a defense attorney. Factors such as poor road conditions, physical disabilities or medical conditions, or the officer's lack of proper training can affect the results of these tests.
- Challenging the results of chemical tests: Breathalyzer and blood tests are used to measure a person's blood alcohol concentration (BAC). However, these tests are not always accurate and can be challenged by a defense attorney. Factors such as improper calibration of the testing equipment, improper administration of the test, or the presence of certain medical conditions can affect the results of these tests.
- Challenging the prosecution's evidence: An experienced criminal defense attorney will review all of the prosecution's evidence and look for any inconsistencies or inaccuracies. They will also work to identify any weaknesses in the prosecution's case that can be used to negotiate a plea bargain or to argue for a dismissal of the charges.
- Plea bargain negotiating: If there doesn't look like your case has a viable defense then you may still be able to get the case dismissed from your record with a pretrial intervention style probation. From the beginning of the case this may be an option to help get you out of trouble and protect your record.
Can a First DWI Be Dismissed or Erased?
Yes — and it happens more often than people expect. Because our attorneys served on the Vehicular Crimes Team as prosecutors, they know exactly how a DWI is supposed to be investigated and where officers and analysts cut corners. A flawed stop, an improperly administered field sobriety test, or a blood or breath sample that wasn't handled correctly can be enough to win a case — even one with a high test result — especially where the driver does not appear intoxicated on video.
If your case is dismissed or you are acquitted, you may qualify for an expunction that erases the arrest from your record entirely. Some resolved first-offense cases instead qualify for an order of nondisclosure that seals the record from public view. A conviction generally cannot be undone, which is why the time to fight is now — before the case ever becomes one.
Special Situations: Under 21, CDL Holders, Professionals, and Non-Citizens
Drivers under 21 can be charged with DWI like anyone else, and any detectable alcohol also supports a separate Driving Under the Influence by a Minor charge with its own license consequences. CDL holders face a one-year commercial disqualification on a first DWI conviction — even in a personal vehicle — with no occupational license available for commercial driving, so avoiding a conviction is essential. Licensed professionals — physicians, nurses, pharmacists, CPAs, engineers, attorneys, teachers — often have a reporting obligation to their board and should read our guide to DWI and professional licensure before the first court date. Non-citizens should never plead to anything without immigration advice; a single DWI is generally not a deportable offense, but a DWI with a child passenger, a drug DWI, or a related charge can be.
Why Choose HCDA for a First DWI
A first DWI is often someone's only contact with the criminal justice system, and it deserves a defense that takes it seriously. Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who served on the elite Vehicular Crimes Team — the unit that handles the most serious intoxicated-driving cases. They know the government's DWI playbook because they used to run it, and now they put that experience entirely on your side. Contact us for your free consultation so we can explore the options available to you in your case.