First-Time DWI in Houston: Jail Time vs. Probation Under Texas Law

becoolwithbob
Jan 5
3 min read

What Really Happens After a First-Time DWI Arrest in Houston?

If you’ve been arrested for DWI in Houston and it’s your first offense, one of the first questions you’re likely asking is:“Am I going to jail — or can I get probation?”

As a Houston DWI defense attorney, I speak with first-time offenders every week who are overwhelmed by fear and uncertainty. The truth is that a first-time DWI does not automatically mean jail, but the outcome depends heavily on the facts of the case and how it is handled early on.

For a full overview of the DWI process from arrest to resolution, see our complete Houston DWI defense guide.

A first-time DWI arrest in Houston can feel overwhelming, but understanding the difference between jail time and probation is the first step toward protecting your future.

How Texas Law Treats a First-Time DWI

In Texas, a standard first-time DWI is typically charged as a Class B misdemeanor under Texas Penal Code §49.04.

For a standard first-time DWI, Texas law allows:

Up to 180 days in jail
A fine of up to $2,000
Driver’s license suspension
Alcohol education programs
Probation (also called community supervision)

The key word here is allows — not requires.

When Jail Time Becomes a Possibility for First-Time DWI

While jail is not mandatory in most first-time DWI cases, it becomes more likely when aggravating factors are present.

Common factors that increase jail exposure include:

A BAC of 0.15 or higher
An accident or property damage
Refusal of chemical testing
Prior alcohol-related arrests
Extremely poor performance on field sobriety tests

Cases involving elevated alcohol levels may be enhanced to a Class A misdemeanor. We explain these consequences in more detail in our article on high BAC DWI penalties in Texas.

Probation for a First-Time DWI in Houston

For many first-time offenders, probation is a realistic outcome — particularly when no aggravating factors are present.

Probation may include:

Reporting to a probation officer
Alcohol education classes
Community service
Fines and court costs
Possible ignition interlock requirements
Restrictions on alcohol use

Probation terms vary by court and case facts. Early legal strategy can significantly affect these conditions.

Can You Avoid Jail Completely?

In many first-time DWI cases, yes — jail can often be avoided.

Avoiding jail depends on:

Whether the traffic stop was lawful
The reliability of chemical testing
How field sobriety tests were administered
Early action in license-related proceedings

We discuss the limits and reliability of roadside testing in our post on field sobriety tests in Houston DWI cases.

How a First-Time DWI Affects Your Driver’s License

Even for first-time offenders, a DWI arrest can trigger the Administrative License Revocation (ALR) process through the Texas Department of Public Safety.

This is a separate proceeding from the criminal case and determines whether your driver’s license will be suspended.

You have 15 days from the date of arrest to request an ALR hearing. Missing this deadline can result in automatic suspension. We explain this process step-by-step in our Houston DWI ALR hearing guide.

Breath Tests, Blood Tests, and First-Time DWI Cases

Chemical testing plays a major role in first-time DWI outcomes.

Some cases involve:

Breath tests
Blood tests
No chemical testing at all

Each scenario creates different defense opportunities. Understanding the differences between blood and breath tests in Texas is often critical when evaluating the strength of the State’s evidence.

It’s also important to understand that a first-time DWI arrest can occur even without a breath test, which we explain in our article on can you be arrested for DWI without a breath test in Houston.

Can a First-Time DWI Be Dismissed?

Yes — dismissal is possible, but never guaranteed.

Dismissals may occur when:

The traffic stop was unlawful
Probable cause was lacking
Field sobriety tests were improperly administered
Chemical testing evidence is unreliable
Constitutional rights were violated

Each case turns on its own facts, which is why early review matters.

What First-Time DWI Defendants in Houston Should Know

The most important takeaway is this:

A first-time DWI does not define your future — but how you respond to it matters.

Many first-time offenders have options they don’t realize exist, especially when legal action is taken early and strategically.

Learn More About Houston DWI Defense Options

If you’ve been arrested for DWI in Houston or Harris County and this is your first offense, understanding your rights and options early can make a meaningful difference.

For a full overview of the process, visit our complete Houston DWI defense guide, which explains each stage of a DWI case and what to expect.