A Class B DWI usually happens to people who never expected to be charged with anything. One stop, one night, and suddenly there’s a court date, a record to worry about, and a lot of questions no one prepared you for.
What makes it harder is how routine the state treats it. To the prosecutor, it’s one case among hundreds, but the suspension, the fines, and the mark on your record are entirely yours to carry.
Attorney RJ Harber has spent years prosecuting these exact cases in Dallas, which means he knows how the state builds them and where they break down. That experience now works for you, not against you. If you’ve been charged with a Class B DWI, contact us for a free consultation today.
Class B DWI as a First Offense
A first DWI is usually a Class B misdemeanor, but a first offense does not automatically stay at that level. Certain facts present at the time of the arrest can raise the charge even when you have no prior record.
Two raise it most often. If a breath or blood test shows an alcohol concentration of 0.15 or more, the offense becomes a Class A misdemeanor. If a child younger than 15 is in the vehicle, it becomes a felony under a separate section of the Penal Code. A prior intoxication conviction also elevates the charge under Penal Code §49.09.
So a first case turns on more than whether you were intoxicated. It also turns on whether anything about the stop or the test moved the charge off the Class B track.
Penalties for a Class B DWI in Texas
Jail Time and Fines
A Class B misdemeanor carries up to 180 days in county jail and a fine of up to $2,000 under Penal Code §12.22. The DWI statute also sets a minimum term of confinement of 72 hours for the offense.
Many first-offense cases resolve through community supervision rather than time in custody, often with conditions like a fine, classes, and regular reporting. The statutory exposure still stands behind the case, even for those that end in probation.
Open Container and the Six-Day Minimum
An open container of alcohol in your immediate possession at the time of the offense raises the minimum term of confinement from 72 hours to six days. It raises the jail time minimum while leaving the offense a Class B misdemeanor. The class of the charge does not change; the mandatory minimum does.
Driver’s License Suspension After a Class B DWI Arrest
Your driver’s license can be suspended through a civil process that runs separately from the criminal charge. This is the Administrative License Revocation, or ALR, and the Department of Public Safety can impose it whether or not the DWI ever ends in a conviction.
Two things trigger it. If you took a breath or blood test and the result was 0.08 or more, a first suspension runs 90 days for a driver with no alcohol-related contact in the past 10 years. If you refused the test, the suspension runs 180 days. The arrest notice itself serves as a temporary driving permit, and the suspension takes effect on the 40th day after you receive it.
There is a short deadline attached. You have 15 days from that notice to request an ALR hearing. Miss it, and the suspension goes through on its own. Request it in time, and the suspension is put on hold until a judge rules, which also gives your attorney an early look at how the stop and the testing were handled.
The Class B DWI Court Process
A Class B DWI is a misdemeanor, so the criminal case moves through county-level court rather than felony court. It starts with an arraignment, where the charge is read and a plea is entered, and then moves into a pretrial phase.
Most of the real work happens before any trial. This is where the defense reviews the offense reports, the video, the test results, and how the stop was conducted, and where pretrial motions and plea discussions take place. The criminal case and the ALR license case run on separate tracks at the same time, each with its own deadlines, so both need attention from the start.
Defenses to a Class B DWI Charge
- Challenging the stop
- Challenging the arrest
- Field sobriety test problems
- Blood test issues
- Medical conditions
- No operation of the vehicle
- Insufficient evidence of intoxication
- Procedural violations
Deferred Adjudication and Record Sealing for a Class B DWI
A first-time Class B DWI may qualify for deferred adjudication, which can end the case without a conviction on your record. The court holds off on a finding of guilt while you complete a period of community supervision. Finish the terms, and the charge is dismissed rather than entered as a conviction.
Eligibility has limits. Under Code of Criminal Procedure Article 42A.102, deferred adjudication is off the table if your alcohol concentration was 0.15 or more, or if you held a commercial driver’s license at the time of the offense. A prior intoxication conviction also rules it out.
Sealing the record is a separate question. Under Government Code §411.0731, a person placed on community supervision for a first Class B DWI may later petition for an order of nondisclosure, which keeps the record from public view. The wait is two years after community supervision ends if you used an ignition interlock device for at least six months, and five years if you did not.
Contact a Dallas DWI Attorney for a Free Consultation
The Law Offices of RJ Harber defends drivers charged with a first Class B DWI in Dallas, on the license side and in court. The sooner someone reviews your stop, your test, and your deadlines, the more room there usually is to act on them. To talk through where your case stands, contact our DWI attorneys for a free consultation.
Frequently Asked Questions
What’s the difference between a Class A and Class B DWI in Texas?
In Texas, the class of the charge tracks your blood alcohol concentration and your record. A first DWI with a result of 0.08 to 0.14 is filed as a Class B misdemeanor, while a reading of 0.15 or higher moves the case up to a Class A misdemeanor. The class of the DWI controls the range of punishment, so it changes how much jail time and how large a fine you face.
What’s the difference between a first-time and second-time DWI in Texas?
A first DWI is usually filed as a Class B misdemeanor, or a Class A at a higher reading, while a second offense is filed as a Class A misdemeanor with a higher minimum jail term. Texas DWI laws treat the second charge with longer license suspension, a larger fine, and a required ignition interlock device. For repeat offenders, a second DWI conviction within a set period can also affect eligibility for probation.