Is a DWI a felony in Texas? Or is it a misdemeanor? It could be either, depending on your case. Although many DWI charges are misdemeanors, and felony DWI isn’t as common in Texas, there are a number of ways that your DWI can turn into a felony fast.
Whether you’re facing a misdemeanor or felony DWI in Texas, you’re going to need a skilled Texas DWI lawyer if you want to protect your freedom. Mark Thiessen and the attorneys at Thiessen Law Firm have made their name on winning high-stakes DWI cases, like felony DWI cases, for their clients.
Continue reading to find out more about when DWI charges are felonies, or call Thiessen Law Firm today at (713) 864-9000for winning defense.
What is a DWI in Texas?
DWI is the standard charge for drinking and driving in Texas. In order to be convicted of a DWI offense in Texas, the state must prove two things:
- You were driving a motor vehicle in a public place, with either
- a blood alcohol concentration of .08 or higher or without the use of your normal mental or physical faculties by reason of intoxication.
DWI vs DUI in Texas
Although DWI is the standard charge for drinking and driving in Texas, it is still possible to get a DUI in Texas. The difference between DWI and DUI in Texas is that DUI charges are reserved for minors under the age of 21.
If you’re a minor and are found driving with any detectable trace of alcohol in your system, you will be charged with a DUI. Additionally, if you’re a minor found driving with over .08% blood alcohol content, you can still be charged with a standard (and more severe) DWI charge.
Is a DWI a felony or misdemeanor in Texas?
A DWI can either be a misdemeanor or a felony in Texas, depending on a number of factors. Some of the factors that can influence the severity of your DWI charge are:
- Your criminal history
- Any previous DWI offenses
- Your blood alcohol content at the time of the arrest
- Whether any children were in the vehicle
- Whether anyone was injured or killed
If there are no aggravating factors present at the time of your arrest and you have no history of DWI charges, your DWI charge should be a misdemeanor. If you’ve gotten a DWI before, or your case has any other aggravating factors, your DWI may be a felony.
When is a DWI a felony in Texas?
Essentially, a DWI is a felony in Texas when you have prior DWI convictions or have aggravating factors present during your arrest. The following situations will lead to your DWI charge being a felony:
- It is your third or fourth DWI offense. Third and fourth DWIs in Texas are always felonies, and they can also be upgraded depending on other aggravating factors.
- You have a child passenger in the car. Even if it is your first DWI, if you have a passenger under the age of 15 in your vehicle, you’ll be looking at at least a state jail felony.
- Someone was injured by your drunk driving. Also known as intoxication assault, injuring someone while driving drunk is always a felony.
- Someone was killed by your driving. Also known as intoxication manslaughter, this is the most severe DWI charge there is.
No matter what kind of felony DWI you’re charged with, you’re going to want a high-caliber DWI lawyer to take on your case. You can’t expect leniency from the prosecution, and if you want to protect your future, you’re going to need to beat your DWI case.
What are the penalties for a DWI in Texas?
When you’re faced with a first or second DWI, the penalties are relatively manageable. With a skilled lawyer, it’s likely that you could end up with a misdemeanor, no jail time, up to $2k in fines, and a license suspension. However, if you’re picked up for a felony DWI in Texas, things can quickly become considerably worse.
Here are the potential Texas DWI penalties:
| Offense | Charge | Maximum Fine | Jail Time |
| First DWI | Class B misdemeanor | $2,000 | 3 – 180 days |
| Second DWI | Class A misdemeanor | $4,000 | 180 days – 2 years |
| First DWI w/ BAC > .15% | Class A misdemeanor | $4,000 | 180 days – 2 years |
| DWI w/ child passenger | State jail felony | $10,000 | 180 days – 2 years |
| Third or fourth DWI | Third-degree felony | $10,000 | 2 – 10 years |
| Intoxication Assault | Third-degree felony | $10,000 | 2 – 10 years |
| Intoxication Manslaughter | Second-degree felony | $10,000 | 2 – 20 years |
On top of these baseline penalties, you also have to consider the hidden penalties associated with a felony DWI. When all is said and done, a felony DWI can cost way more than the $10,000 DWI fine in Texas, and those few years spent in prison will seem like a walk in the park compared to the lifetime of pushback you can receive with a felony DWI on your record.
With a felony DWI, finding a job, getting a place to live, and handling any type of custody case all become exceedingly more difficult.
DWI charge type FAQ
Is a first DWI a felony in Texas?
As stated above, a DWI in Texas first offense is typically a Class B misdemeanor. There are ways in which your first DWI can be elevated to a felony, but with 0 aggravating factors or prior convictions, you should be looking at a misdemeanor.
Is a second DWI a felony in Texas?
A DWI second offense is also typically a misdemeanor but a Class A misdemeanor. While still not a felony, the penalties for a Class A misdemeanor are much higher than they are for a Class B, and there are, of course, ways in which your second DWI can become a felony.
Is a third or fourth DWI a felony in Texas?
A third DWI in Texas is always a felony. If you’re convicted of a third or subsequent DWI, the overwhelming likelihood is that you will be required to spend some time in jail and that you will be branded a felon for life.
Whether you’re facing a misdemeanor or felony DWI, Thiessen Law Firm can help
Facing a felony DWI in Texas may seem frightening, and rightfully so. The penalties associated with a third and fourth DWI are not pleasant, and it’s critical that you do everything you can to lessen these penalties as much as possible. That’s where we step in.
While blood alcohol concentration (BAC) testing can put you behind bars, with the right representation, it may also help you stay away from them. An experienced and skilled DWI lawyer can leverage the flawed science behind breathalyzer tests and blood draws to fight your charges and win.
Mark Thiessen and the Houston DWI lawyers at Thiessen Law Firm have what it takes to get your life back on track. We know how to beat a felony DWI, how to beat a felony drug charge, and more.
Specifically, we leverage the flawed nature of BAC testing, as well as a variety of other proven defense tactics to provide the best possible representation and ultimately help our clients overcome felony DWI charges.
Mark has won over 100 Not Guilty verdicts and thousands of dismissals. He has the track record you’re looking for. Whether you’re facing an intoxication manslaughter case, need help with expungement in Texas, or are coming face-to-face with your first DWI, we can help. Call us today at (713) 864-9000 or contact us online to ask for a free consultation.
More Helpful Articles by Thiessen Law Firm:
- What to Expect During a DWI Case in Texas
- The Complete Guide To Buying Alcohol in Texas
- How to Build a Strong DWI Defense
- Can You Get Arrested For Underage Drinking?
- How Much Does a Houston DWI Lawyer Cost?
