Will I Go to Jail for a First DWI in San Antonio?

The Direct Answer: Jail Is Possible, but Many First Cases Resolve Without Additional Jail Time

For a standard first-offense DWI in San Antonio, the statutory range is 72 hours to 180 days of confinement. The statutory range and the actual outcome can be very different. Many first-time defendants in Bexar County do not serve additional jail time beyond time spent at arrest, and community supervision is often available on a first offense, but outcomes depend on the facts and no result can be guaranteed. Some qualifying first-offense DWI cases may be eligible for deferred adjudication, and some qualifying DWI dispositions may later be eligible for nondisclosure. The defense should evaluate the evidence, record consequences, and all legally available resolutions before the case is resolved.

The Penalty Range for a First DWI in Texas

A standard first-offense DWI in Texas under Penal Code §49.04 is a Class B misdemeanor. The statutory range is:

• Minimum: 72 hours of confinement
• Maximum: 180 days of confinement
• Fine: Up to ,000
• License suspension: Possible through the ALR process or the criminal case
• DPS surcharges: Repealed effective September 1, 2019

If the alleged BAC was 0.15 or higher, the charge is generally a Class A misdemeanor, with up to 1 year of confinement, up to a ,000 fine, and an ignition interlock device that may be required. A BAC of 0.15 or higher also excludes the case from DWI deferred adjudication.

The 72-hour minimum can often be satisfied by time served or handled through community supervision, depending on the court and the facts.

What Typically Happens With First-Offense DWI Cases in Bexar County

The Bexar County Criminal District Attorney’s Office prosecutes DWI cases at the Cadena-Reeves Justice Center, 300 Dolorosa Street, San Antonio TX 78205.

Without representation: A person may receive a plea offer without knowing which deferred adjudication, nondisclosure, or evidentiary issues apply. A plea to DWI can create a conviction and a prior that may affect a future intoxication case.

With experienced representation: A San Antonio DWI attorney evaluates the traffic stop for Fourth Amendment issues, reviews the Intoxilyzer 9000 maintenance records and BAC evidence, reviews the SFST administration on video, and addresses the ALR hearing-request deadline. Depending on the evidence, cases may resolve through dismissal, reduction, deferred adjudication where available, or other dispositions. A dismissal may allow expunction under Texas Chapter 55 if the statutory requirements are met. Past results do not guarantee or predict a similar outcome.

Deferred Adjudication and Nondisclosure: The Record Question

Many people asking “will I go to jail?” should also ask how the case will affect their record. Deferred adjudication may be available for some qualifying DWI offenses under Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, including certain cases involving a BAC of 0.15 or higher, a commercial driver’s license or commercial learner’s permit, and repeat-offense enhancement. Some qualifying DWI dispositions may be eligible for an order of nondisclosure. A DWI conviction can:

• Appear on background checks; a DWI conviction generally cannot be expunged, though some qualifying convictions may later be eligible for nondisclosure
• Be used to enhance a future intoxication charge, with no lookback period
• Lead to SR-22 insurance requirements and higher premiums
• Disqualify commercial drivers from operating a CMV, generally for 1 year on a first offense
• Trigger professional licensing board review in fields such as nursing, law, medicine, and teaching

Learn more on our DWI conviction consequences page.

Factors That Affect Jail Exposure on a First San Antonio DWI

BAC of 0.15 or higher. This generally raises the charge to a Class A misdemeanor, and high-BAC cases may be treated more seriously.

An accident. A crash can draw more prosecutorial attention. If there was serious bodily injury, the case may be charged as intoxication assault, a third-degree felony.

A child in the vehicle. DWI with a child passenger under 15 is a state jail felony under Penal Code §49.045, regardless of prior history.

Prior criminal history. Other convictions can affect how the case is evaluated.

The ALR Deadline

Texas DPS generally requires an ALR hearing request within 15 days after the applicable suspension notice is served or received. The DIC-25 or other DPS notice should be reviewed to confirm the deadline. In some blood-test cases, the notice arrives later, after the lab result.

If no timely request is made, the suspension generally takes effect 40 days after the notice is served, generally 90 days for a first qualifying test failure and 180 days for a first refusal. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline. Learn more about first-time DWI defense in San Antonio.

Issues That Can Affect a First DWI Case

The traffic stop. If a stop on IH-35, IH-10, Loop 1604, or the River Walk corridor lacked legal justification, evidence obtained as a result may be subject to suppression under Art. 38.23, depending on the facts and what independent evidence remains.

The field sobriety tests. HGN, Walk and Turn, and One Leg Stand have NHTSA administration standards. Instructions, conditions, and officer training records can be reviewed.

The Intoxilyzer 9000 result. The instrument used in your test has maintenance and calibration records that can be requested. Maintenance or certification issues can be evaluated to determine whether they materially affected the result.

Blood evidence. Blood evidence can be reviewed for the warrant, collection, preservation, chain of custody, and laboratory analysis.

What Happens if the Case Is Not Dismissed

When the evidence does not support dismissal, community supervision is a common outcome on a first DWI, and deferred adjudication may be available in qualifying cases. Supervision can involve fines, DWI education, a victim impact panel, community service, and possible ignition interlock. The ALR proceeding and record consequences should be addressed regardless of whether additional jail time is served.