How Serious Are Misdemeanor DWIs in Texas?

 Posted on August 23, 2026 in Criminal Defense

A misdemeanor is not as serious as a felony, but it can still come with substantial penalties. Even the lowest level of first DWI charges has a minimum jail term. The charges can be escalated further based on the results of breath and blood tests alone.

If you’ve been charged with a DWI in 2026, a Grand Prairie, TX DWI lawyer can help you understand the stakes and possible defenses.

What Makes a DWI a Misdemeanor in Texas?

Under Texas Penal Code Section 49.04, you commit an offense if you’re intoxicated while operating a motor vehicle in a public place. A first DWI is usually a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Several things can increase a first offense without any prior conviction. If you had an open container of alcohol within reach, the minimum confinement becomes six days. If a blood, breath, or urine test shows an alcohol concentration of 0.15 or more, the charge becomes a Class A misdemeanor. Driving through a school crossing zone while a reduced speed limit applies turns a misdemeanor into a state jail felony.

A second DWI is also usually considered a misdemeanor. Under Texas Penal Code Section 49.09, a prior conviction for an intoxication offense means a new charge is a Class A misdemeanor. The minimum term of confinement is 30 days.

What Are the Penalties for a Misdemeanor DWI in Texas?

The punishment for misdemeanors depends on their class. A Class B misdemeanor carries a fine of up to $2,000, 72 hours to 180 days in jail, or both. A Class A misdemeanor carries a fine of up to $4,000, up to a year in jail, or both.

Judges may order probation instead of or along with jail time. Probation usually has its own conditions. Common requirements include classes, testing, community service, or an ignition interlock device.

Your driver’s license may be suspended. If so, you generally have 15 days from the notice of suspension to request a hearing. If you do not request one, the suspension usually takes effect on the 40th day after that notice.

What Are the Long-Term Effects of a Misdemeanor DWI in Texas?

A DWI conviction goes on your criminal record. It stays visible to background checks. It can show up when you:

• Apply for a job, especially one that involves driving
• Renew or apply for a professional license
• Fill out a rental application
• Apply to a school program or for financial aid
• Shop for car insurance, often resulting in increased rates

Texas law limits when a DWI charge can be sealed or removed from someone’s record.

Only charges that do not end in convictions can be expunged, or dropped from someone’s record. An adult DWI conviction cannot be expunged. Some cases, including convictions, can qualify for nondisclosure. This prevents part of your criminal record from being shared with people like prospective employers. Whether someone qualifies for nondisclosure depends on factors like whether it is a first offense, what the person’s blood alcohol content was, and whether they have completed their sentence.

How Can a Criminal Defense Lawyer Help My Texas DWI Case?

A lawyer may help you avoid conviction. They can make sure that all evidence is actually admissible in court. They can challenge things like the legality of the traffic stop or whether sobriety tests were performed correctly. If these were not done correctly, the case may be dismissed.

If you are convicted, a lawyer can advocate for less severe penalties.

Call a Fort Worth, TX DWI Lawyer Today

Misdemeanor penalties can be severe, but you shouldn’t give up hope for your case. Our Grand Prairie, TX criminal defense attorney brings extensive experience in both criminal and immigration law. Attorney Edwardo R. Meza understands the challenges the immigrant community, in particular, faces when charges are made. He knows what needs to be done immediately to protect a person’s legal status.

At our firm, you will get personalized, dedicated, one-on-one guidance from start to finish. Our team works with clients on a case-by-case basis on consultation pricing. Call The Meza Law Firm, PLLC at 817-732-6392 to talk through your case today.

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