Is DWI a felony in Texas? Learn when a DWI becomes a felony, penalties, jail time, and what really happens next.
In Texas, a DWI is not always a felony. Most first and second DWIs are misdemeanors. A DWI becomes a felony if it involves repeat offenses, serious injury, a child passenger, or a very high criminal history.
Is DWI A Felony In Texas?
Is every DWI in Texas a felony? Many people think so. That belief causes fear, panic, and bad decisions.
The truth is more nuanced. Texas DWI laws are strict, but they follow a graduated system. The charge depends on your history and the facts of the case.
Let’s break this down in plain English. No legal fluff. Just clear answers you can trust.
What DWI Means Under Texas Law 🍺🚗
DWI stands for Driving While Intoxicated. Texas uses this term instead of DUI for adults.
You can be charged if you are impaired by:
- Alcohol
- Drugs or medications
- A combination of substances
You don’t need to be “drunk.” Loss of normal mental or physical ability is enough.
Texas also has a 0.08% BAC limit for most drivers. Commercial drivers face lower limits.
Is DWI Automatically A Felony In Texas? ❌
No. A DWI is not automatically a felony in Texas.
Most DWIs start as misdemeanors, especially for first-time offenders. Felony charges apply only in specific situations.
What matters most is:
- Prior DWI convictions
- Who was in the car
- Whether someone was hurt
- The seriousness of the incident
This distinction changes everything about penalties and future consequences.
First-Time DWI In Texas Explained 🟢
A first DWI is usually a Class B misdemeanor.
That’s true even if your BAC is above 0.08%. Jail is possible, but not guaranteed.
Typical penalties include:
- Up to 180 days in jail
- Fines up to $2,000
- License suspension
- Mandatory alcohol education
If your BAC is 0.15% or higher, the charge may increase to Class A misdemeanor.
Second DWI Offense In Texas 🟡
A second DWI is more serious. It’s usually a Class A misdemeanor.
Texas assumes repeat behavior means higher risk. Penalties increase fast.
Common consequences include:
- Up to one year in jail
- Fines up to $4,000
- Longer license suspension
- Ignition interlock devices
Still, a second DWI is not a felony by default.
When DWI Becomes A Felony In Texas 🔴
A DWI becomes a felony when aggravating factors exist.
These are the most common felony triggers:
- Third or more DWI
- Child passenger in the vehicle
- Serious injury or death
- Prior felony convictions
Once felony territory is reached, consequences change dramatically.
Third DWI And Habitual Offenders 🚨
A third DWI is a third-degree felony in Texas.
There is no flexibility here. The law is clear.
Penalties often include:
- 2 to 10 years in prison
- Fines up to $10,000
- Long-term license loss
- Permanent criminal record
This applies even if prior DWIs were years apart.
DWI With A Child Passenger 👶
Driving while intoxicated with a child under 15 is a state jail felony.
This applies even on your first offense.
The law treats this as child endangerment. Intent does not matter.
Possible consequences:
- 180 days to 2 years in state jail
- Fines up to $10,000
- CPS involvement
- Loss of custody risks
Intoxication Assault Explained 💥
If a DWI causes serious bodily injury, it becomes intoxication assault.
This is a third-degree felony.
Serious injury means long-term damage or impairment. Broken bones may qualify.
Punishment often includes:
- Prison time
- Heavy fines
- Restitution payments
- Civil lawsuits
Intoxication Manslaughter In Texas ⚠️
If a DWI results in death, it becomes intoxication manslaughter.
This is a second-degree felony.
Penalties are severe and life-changing:
- 2 to 20 years in prison
- Up to $10,000 in fines
- Permanent felony record
Courts rarely show leniency in these cases.
Misdemeanor vs Felony DWI Comparison 📊
| Charge Type | Offense Level | Possible Jail Time | Max Fine |
| First DWI | Class B | Up to 180 days | $2,000 |
| Second DWI | Class A | Up to 1 year | $4,000 |
| Third DWI | Felony | 2–10 years | $10,000 |
This difference impacts jobs, housing, and voting rights.
How Prior Convictions Change Everything 🔁
Texas counts out-of-state DWIs too.
A prior conviction never disappears. There is no automatic reset.
Even old cases can elevate new charges:
- Misdemeanor → Felony
- Jail → Prison
- Short suspension → Long-term loss
This surprises many drivers who moved to Texas later.
License Suspension And Administrative Penalties 🪪
Criminal charges are only part of the problem.
Texas also imposes administrative penalties through DPS.
These include:
- Automatic license suspension
- Ignition interlock requirements
- Surcharges and fees
These penalties can apply even if the criminal case is dismissed.
Long-Term Effects Of A Felony DWI 🧠
A felony DWI follows you for life.
It can affect:
- Employment background checks
- Professional licenses
- Housing applications
- Gun ownership rights
Expunction and sealing options are limited. Prevention matters.
Can A Felony DWI Be Reduced? 🔍
In some cases, yes. But it’s not easy.
Reduction depends on:
- Evidence issues
- Prior record
- Legal strategy
- Prosecutor discretion
Every case is unique. Outcomes vary widely.
What To Do After A DWI Arrest 📌
Your actions in the first 72 hours matter most.
Smart steps include:
- Stay silent except for ID requests
- Request a license hearing quickly
- Document everything you remember
- Seek qualified legal guidance
Mistakes made early are hard to undo.
Key Takeaways You Should Remember ✅
- Not all DWIs are felonies in Texas
- First and second DWIs are usually misdemeanors
- Third offenses and child cases trigger felonies
- Injuries or deaths escalate charges fast
- Felony DWIs carry lifelong consequences
Knowledge reduces fear. Clarity brings control.
Frequently Asked Questions ❓
Is a first DWI a felony in Texas?
No. A first DWI is usually a misdemeanor. Felony charges require special factors.
How many DWIs make it a felony in Texas?
A third DWI automatically becomes a felony. Prior convictions never expire.
Is DWI with a child always a felony?
Yes. Any DWI with a child under 15 is a felony in Texas.
Can a DWI felony be expunged in Texas?
Most felony DWIs cannot be expunged. Limited sealing options may exist.
Does a high BAC make DWI a felony?
No. A high BAC increases penalties but does not automatically create a felony.
