- Classification: Class B Misdemeanor
- Jail exposure: 72-hour mandatory minimum — up to 180 days county jail
- Maximum fine: $2,000 maximum
- License: 90-day suspension (test failure) or 180-day suspension (refusal) — 15-day ALR deadline
- Flat fee: $5,000 — Stephen T Bowling, DWI & Criminal Defense Attorneys
What This Charge Means Right Now
A first-offense DWI under §49.04 is a Class B misdemeanor — the base-level DWI charge in Texas. Base-level does not mean minor. A conviction creates a permanent criminal record, carries a 72-hour mandatory minimum jail sentence, triggers a license suspension, and adds an annual surcharge you pay to DPS for three years just to keep your license.
The critical reality: the 72-hour mandatory minimum is what a conviction carries — not what an arrest guarantees. Many first-offense DWIs are reduced, dismissed, or resolved via deferred adjudication with no conviction. That outcome depends almost entirely on what your attorney does in the first days and weeks. Call 800-225-5394 now — free consultation, 24/7.
The 72-Hour Mandatory Minimum — What It Means in Practice
Texas Penal Code §49.04 requires a minimum 72 hours in county jail upon conviction — a floor the judge cannot go below. However:
- Time served at arrest typically counts toward the minimum
- Deferred adjudication (probation successfully completed = no conviction) avoids the mandatory minimum entirely
- A charge reduction below DWI removes the mandatory minimum floor
- A first offense has far more plea flexibility than subsequent arrests
The ALR Clock Started at Arrest
Separately from the criminal case, Texas DPS automatically moves to suspend your license — unless you request an ALR hearing within 15 calendar days of arrest. This is a hard deadline, not a guideline. Miss it and the suspension is automatic. Your attorney handles this filing immediately on retention. The flat fee for first-offense DWI representation through Stephen T Bowling’s office is $5,000 — ALR hearing included. Call 800-225-5394.