A DWI (1st offense) is a Class B Misdemeanor, which carries up to a $2000 fine and up to 180 days in jail. In Texas, if you are a minor and have "any detectable amount of alcohol in your system" while driving a motor vehicle, you may be charged with “DUI” (Driving Under the Influence.) A conviction for DWI 1st also carries a DPS penalty in the form of annual surcharges of $1000 for three years to maintain your driver's license.

When you are pulled over for suspicion of DWI, you have a right to remain silent. You must present a true and correct form of identification and produce your real name. Besides that, you do not have to answer any questions that a police officer asks you during a DWI encounter. You do have the right to refuse all standardized field sobriety tests such as the one leg stand, walk and turn, and the horizontal gaze nystagmus eye test (HGN).

You have a right to refuse blood and breath tests offered to you by law enforcement. There is no criminal penalty for refusing a blood or breath test. There is a potential driver's license suspension for refusal to provide a "breath specimen."

When arrested for DWI, you have a right to a hearing regarding the suspension of your driver's license. You or your lawyer must request this hearing within 15 days of your arrest or the hearing is waived and your license will be suspended automatically. More information on the ALR Hearing is found here.

The ALR hearing is also an excellent opportunity to cross examine the officer(s) that arrested you as well as get important documents relating to your arrest.