It depends on the circumstances of the arrest. While many first-time DWIs are misdemeanors, Texas law allows certain factors to elevate the charge to a felony, even on a first offense. Understanding when and why this happens is essential to protecting your future.
A felony DWI carries far more serious consequences than a misdemeanor, affecting employment, finances, and daily life. With guidance from our Houston DUI/DWI lawyer, you can understand your options and take the right steps to protect yourself. This guide explains how Texas defines DWI and when it becomes a felony.
What Constitutes a DWI in Texas?
Under Texas Penal Code § 49.04, a person commits a DWI when they operate a motor vehicle in a public place while intoxicated. Texas defines intoxication in two ways. You are legally intoxicated if:
• BAC of 0.08% or Higher
If a breath, blood, or urine test shows a blood alcohol concentration (BAC) of 0.08% or higher, Texas law automatically considers the driver legally intoxicated. This applies regardless of how the driver appeared during the traffic stop or field sobriety tests.
• Loss of Normal Mental or Physical Faculties
Impairment caused by alcohol, prescription drugs, illegal drugs, or a combination of substances can qualify as intoxication even if BAC is below the legal limit.
Is a DWI a Felony or a Misdemeanor?
A DWI may be charged as either a misdemeanor or a felony, depending on the severity of the situation. Most first-time DWIs are Class B misdemeanors. However, the presence of certain aggravating factors can turn the offense into a felony with far harsher penalties.
A DWI becomes a felony when the case involves repeated convictions, a child passenger, or an accident that causes serious injury or death.
Factors That Can Elevate a DWI to a Felony
To determine whether a DWI is a felony, Texas courts assess multiple aggravating factors present at the time of the arrest. Each factor significantly increases the seriousness of the charge and the potential penalties that follow.
1. Prior DWI Convictions
Repeat offenses are one of the strongest triggers for a felony DWI. A third or subsequent DWI is typically charged as a third-degree felony, even if no accident or injury occurred. Courts view prior convictions as a pattern of dangerous behavior, which results in harsher sentencing and fewer opportunities for leniency.
2. High BAC Levels (Especially Above 0.15%)
A BAC significantly above the legal limit indicates a heightened level of impairment, which can lead to enhanced penalties. While a BAC of 0.15% does not automatically create a felony, it often elevates the charge to a Class A misdemeanor and may contribute to felony classification when combined with other aggravating circumstances.
3. Child Under 15 in the Vehicle
Driving while intoxicated with a minor present is treated as child endangerment under Texas law. This offense is charged as a state jail felony, even for first-time offenders. The law reflects the state’s commitment to protecting minors and imposes strict penalties due to the increased risk posed to a child passenger.
4. Accidents Resulting in Serious Bodily Injury
If a DWI leads to serious bodily injury, such as broken bones, long-term impairment, or injuries requiring hospitalization, the charge may become an intoxication assault, a third-degree felony. This applies whether the injured person is another driver, a passenger, or even a pedestrian. The courts treat these cases with considerable seriousness due to the harm caused.
5. Accidents Resulting in Death
A fatality caused by an intoxicated driver results in intoxication manslaughter, a second-degree felony. This is one of the most severe DWI-related charges and carries lengthy prison sentences. The state aggressively prosecutes these cases, and penalties often include significant incarceration and long-term license consequences.
6. Reckless, Dangerous, or Unlawful Driving Behavior
Driving at excessive speeds, ignoring traffic signals, or engaging in other hazardous actions while intoxicated can intensify the legal consequences. Even if no accident occurs, reckless behavior demonstrates a heightened risk to the public, making felony enhancements more likely in certain situations.
7. Other Elements of Criminal History
Past criminal offenses, such as assault, drug crimes, or prior felony convictions, can influence how a DWI is charged. Courts factor in a defendant’s overall history when determining the severity of the charge, especially when the previous record reflects repeated unsafe or unlawful behavior.
DWI Classifications and Offense Levels in Texas
Texas categorizes DWIs by offense level, which determines penalties and long-term consequences.
Misdemeanor Levels
- Class B Misdemeanor: Standard first-time DWI.
- Class A Misdemeanor: Second DWI or first DWI with BAC ≥ 0.15.
- Class C Misdemeanor: Often associated with open container violations.
Felony Levels
- State Jail Felony: DWI with a child passenger.
- Third-Degree Felony: Third DWI or intoxication assault.
- Second-Degree Felony: Intoxication manslaughter.
- First-Degree Felony: Rare; applies under extreme aggravated circumstances.
When Does a DWI Become a Felony in Texas?
Texas law outlines specific situations where a DWI is automatically classified as a felony:
- Third or Subsequent DWI: A third conviction is a third-degree felony, regardless of BAC or accident involvement.
- DWI With a Child Passenger: Driving intoxicated with a child under 15 is a state jail felony, even on a first offense.
- DWI Causing Serious Injury (Intoxication Assault): Causing serious bodily injury elevates the charge to a third-degree felony.
- DWI Causing Death (Intoxication Manslaughter): If someone dies due to intoxicated driving, the charge becomes a second-degree felony.
Penalties and Defense Strategies for Felony DWI in Texas
Felony DWIs carry significant legal and personal consequences, but with the right defense strategy, it’s sometimes possible to reduce or even dismiss the charges.
Penalties for Felony DWI in Texas
Felony DWIs carry significant legal and personal consequences, including:
- Prison sentences ranging from 2 to 20 years, depending on the felony degree.
- Fines up to $10,000.
- License suspension up to 2 years.
- Mandatory ignition interlock devices.
- Probation, community service, and alcohol education programs.
How to Defend Against a Felony DWI Charge in Texas
Even a felony DWI charge can sometimes be reduced or dismissed with the right defense strategy. Common approaches include:
- Challenging the legality of the traffic stop.
- Questioning the accuracy of breath or blood test results.
- Demonstrating improper police procedures.
- Presenting evidence of medical or prescription-related impairment, not intoxication.
Get Legal Help from JLG Law Office Today
If you’re facing a potential felony DWI in Texas, the consequences can be life-changing, but you don’t have to face them alone. A single decision can affect your job, your finances, your driver’s license, and your future. Acting quickly is essential.
With JLG Law Office, you’ll have experienced Houston DUI/DWI defense on your side from day one. Our team knows how to challenge the evidence, protect your rights, and fight for the strongest possible outcome. Contact us today for a confidential consultation and take the first step toward protecting your future.
