Is a DWI a Felony in Texas?

After being arrested for driving while intoxicated in Texas, you likely have several important questions: Am I facing misdemeanor or felony charges? How serious is this? Is a DWI a felony or a misdemeanor in Texas?

DWI in Texas can be either a misdemeanor or felony, and your individual charge will depend on a lot of things, including your prior history, whether anyone was injured, and who else was in the vehicle at the time. Texas takes DWI seriously at every level, but the consequences escalate dramatically when charges rise from misdemeanor to felony territory.

A felony DWI conviction can result in years in prison, fines reaching $10,000 or more, and permanent damage to your career, professional licenses, and personal reputation. For anyone facing these charges in Harris, Brazos, or Montgomery County, knowing exactly what you're up against is the first step toward protecting your future. 

The second step is calling Turnbull Legal Group today at (832) 314-3232 or scheduling a consultation online to get started.

Is a DWI a misdemeanor or felony in Texas?

In Texas, a DWI can be either a misdemeanor or a felony depending on the circumstances of your case. When is a DWI a felony now in Texas? Most first and second DWI offenses are misdemeanors, while third or subsequent offenses are automatically charged as felonies. First and second DWIs can elevate to felonies if certain aggravating factors are present.

Here's how Texas generally categorizes DWI offenses:

The distinction matters enormously. Misdemeanors in Texas carry penalties of up to one year in county jail, while felonies can result in state prison sentences ranging from two years to life, depending on the degree. Beyond incarceration, felony convictions create lasting collateral consequences that affect employment, housing, voting rights, and firearm ownership — sometimes for life.

Is your first DWI in Texas a felony?

For most people, a first DWI in Texas is charged as a Class B misdemeanor. This applies when no aggravating factors are present, your blood alcohol concentration was below 0.15, and no one was injured as a result of the alleged offense.

A standard first-offense DWI carries penalties that include up to 180 days in jail (though jail time is often avoided through probation), fines up to $2,000, license suspension for up to one year, and mandatory completion of a DWI education program. While these consequences are significant, they pale in comparison to what happens when aggravating factors come into play.

Your first DWI is a felony if:

• A child under 15 years old was in the vehicle (State jail felony)
• Someone suffered serious bodily injury due to your intoxication (Intoxication Assault; a third-degree felony)
• Someone died as a result of your intoxication (Intoxication Manslaughter; a second-degree felony)

Even without these aggravating factors, a first DWI too far above the legal limit in Texas (with a BAC of 0.15 or higher) can be enhanced to a Class A misdemeanor, which carries up to one year in jail and fines up to $4,000.

Is a second DWI a felony in Texas?

A second DWI in Texas is typically charged as a Class A misdemeanor, not a felony. This surprises many people who assume that repeat offenses automatically trigger felony charges, but Texas law reserves automatic felony classification for third and subsequent offenses.

That said, a second DWI is often still a significant escalation in consequences:

• Up to one year in county jail
• Fines up to $4,000
• License suspension for up to two years
• Higher chances of mandatory ignition interlock device
• Community supervision with strict conditions
• Possible mandatory jail time of at least 30 days

Like first offenses, a second DWI becomes a felony if a child passenger was present or if the incident caused serious injury or death. Prosecutors also tend to pursue second-offense cases more aggressively, making it even more important to have a good Houston DWI lawyer in your corner.

Texas doesn’t have a lookback period for DWI priors, meaning a DWI from decades ago still counts when determining whether current charges should be enhanced. It doesn’t matter if your last DWI was one month or 50 years ago; the state of Texas remembers. 

Is DWI worse than DUI in Texas?

While many people use the terms “DWI” and “DUI” interchangeably, under Texas law, DWI and DUI are completely different charges. 

DWI (Driving While Intoxicated) is the more serious charge and applies to drivers 21 and older who are intoxicated by alcohol, drugs, or a combination. Intoxication is defined as having a blood alcohol concentration of 0.08 or higher, or not having normal use of mental or physical faculties due to alcohol or drug consumption.

DUI (Driving Under the Influence) specifically applies to minors under 21 who have any detectable amount of alcohol in their system. Texas has a zero-tolerance policy for underage drinking and driving, meaning even a BAC well below 0.08 can result in DUI charges for young drivers.

You can think of a DUI like a DWI for minors under the legal limit. While DUI carries lighter immediate penalties, minors charged with DUI can still face DWI charges if their BAC reaches 0.08 or higher. DUI convictions also become part of a minor's record and can affect college admissions, scholarships, and future employment.

Continue reading about DWI vs DUI in Texas

DWI penalties in Texas

Texas imposes increasingly severe penalties as DWI offenses accumulate or involve aggravating circumstances. 

Beyond criminal penalties, the Texas Department of Public Safety administers separate license suspension proceedings. If you refuse a breath or blood test, or fail one with a BAC of 0.08 or higher, your license faces automatic suspension. You have only 15 days from your arrest to request an ALR hearing to contest this suspension.

Some additional consequences include:

• Annual license surcharges of $1,000 to $2,000 for three years to maintain driving privileges
• Mandatory ignition interlock devices on all vehicles you own or operate
• SR-22 insurance requirements that significantly increase premiums
• Potential impact on professional licenses, security clearances, and employment
• Immigration consequences for non-citizens, which may include deportation

The final financial impact of a DWI conviction — including fines, fees, insurance increases, and lost wages — can easily reach tens of thousands of dollars or more, even for misdemeanor offenses.

How long does a DWI stay on your record in TX?

One of the most frustrating aspects of Texas DWI law is that almost all convictions remain on your criminal record permanently. Unlike some states that allow DWI convictions to be expunged or sealed after a certain period, Texas generally does not permit the removal of DWI convictions from your record. 

• Some first-time DWIs may qualify for record sealing under the Second Chance Law (Texas HB 3016)
• DWI convictions cannot be expunged in Texas
• Texas uses a lifetime lookback period for prior DWIs when determining charge enhancement
• Conviction records affect background checks, professional licensing, and immigration status indefinitely

This permanence has serious implications. Employers conducting background checks will see the conviction indefinitely. Insurance companies will factor it into their rate calculations for years. Professional licensing boards may consider it when evaluating applications or renewals.

This means you need to fight any DWI charge aggressively from the minute you’re arrested. If you’re looking to protect your future, you should be looking for the best DWI lawyer Houston has to offer — one who can secure dismissals, reductions, or alternative resolutions that minimize long-term consequences.

Continue reading: How long does a DWI stay on your record?

Can a felony DWI charge be reduced or dismissed?

Absolutely, felony DWI charges can be reduced or dismissed, though whether you succeed will depend heavily on the specific facts of your case and the skill of your defense attorney. Prosecutors have discretion in how they charge and resolve cases, and weaknesses in the state's evidence can create opportunities for favorable outcomes.

Some powerful DWI defenses and reduction strategies include:

Working with an attorney who knows the local courts, prosecutors, and judges can also make a substantial difference in case outcomes. Someone familiar with how specific prosecutors approach DWI cases, what arguments resonate with local judges, and who knows the average temperaments of communities can craft more effective defense strategies.