Understanding whether a DWI (Driving While Intoxicated) is a felony or misdemeanor in Texas depends on several important legal factors. Many drivers in Texas wonder, “Is DWI a felony in Texas?” or “When is a DWI a felony in Texas?” This guide breaks down the charges, penalties, and how a DWI offense is classified in Texas law.
What Is a DWI in Texas?
A DWI in Texas refers to operating a motor vehicle in a public place while intoxicated due to alcohol or drugs. Texas law considers a driver intoxicated if their blood alcohol content (BAC) is 0.08 percent or higher, or if they lack the normal use of mental or physical faculties.
Is DWI a Felony in Texas?
The classification of a DWI as a felony or misdemeanor in Texas is based on the circumstances of the offense. In most cases, a first or second DWI is a misdemeanor, while repeat offenses and aggravated situations may lead to a felony DWI in Texas.
Misdemeanor DWI Offenses
- First DWI offense: Usually classified as a Class B misdemeanor
Penalty may include up to 180 days in jail, fines up to $2,000, license suspension, and mandatory education programs. - Second DWI offense: Becomes a Class A misdemeanor
Penalties increase with longer jail time (up to one year), higher fines, and longer license suspension.
Many people search terms like “is DWI considered a felony” or “is DWI a felony” without realizing that the first two offenses are generally misdemeanors, unless there are aggravating factors.
When Does a DWI Become a Felony in Texas?
A DWI becomes a felony under certain serious circumstances:
- Third or subsequent offense: This is charged as a third-degree felony
Punishable by 2 to 10 years in prison and up to $10,000 in fines. - DWI with a child passenger (under age 15): Charged as a state jail felony
This is taken very seriously and often leads to automatic jail time. - DWI causing serious bodily injury: This is called Intoxication Assault, a third-degree felony
- DWI resulting in death: Known as Intoxication Manslaughter, charged as a second-degree felony
These conditions answer common queries like “when is a DWI a felony?”, “is a DUI a felony in Texas?”, and “is drunk driving a felony in Texas?”
DUI vs. DWI in Texas: Are They the Same?
In Texas, DWI and DUI are not the same legally. DUI (Driving Under the Influence) typically applies to minors under the age of 21 who drive with any detectable amount of alcohol in their system. DWI, on the other hand, applies to adults and involves driving while legally intoxicated.
People often ask “DWI and DUI in Texas – what’s the difference?” and it’s important to know that while both are serious, DWI carries heavier penalties and can more easily lead to a felony charge.
Felony DWI Penalties in Texas
A felony DWI in Texas comes with harsh consequences:
- Long-term incarceration
- Permanent criminal record
- Loss of voting and firearm rights
- Potential job loss and difficulty securing future employment
- Mandatory alcohol education and counseling
- Installation of an ignition interlock device
These outcomes make it clear why people often research “felony drunk driving Texas” and “DWI is a felony” to understand the full implications.
Conclusion: Is a DWI a Felony in Texas?
To summarize, a DWI is not always a felony in Texas, but certain conditions can elevate the charge from a misdemeanor to a felony. First and second offenses are typically misdemeanors unless aggravating factors are present. A third offense or any DWI involving a child, injury, or death will almost certainly lead to felony charges.
Whether you are dealing with your first arrest or a repeat charge, understanding Texas DWI laws is crucial. Consulting a qualified defense attorney can help you protect your rights and navigate the legal process.
