In Texas, drunk driving is called DWI (Driving While Intoxicated), and several scenarios turn it into a felony. Texas is known for taking impaired driving seriously, and the penalties escalate quickly.
When DWI is a felony in Texas
- DWI 3rd or more. A third DWI is a third-degree felony, regardless of how long ago the priors occurred (Texas has no limited lookback for felony enhancement).
- DWI with a child passenger (under 15) — a state jail felony.
- Intoxication Assault — causing serious bodily injury while intoxicated, a third-degree felony.
- Intoxication Manslaughter — causing a death, a second-degree felony.
Texas felony DWI penalties
- State jail felony (DWI with child): 180 days to 2 years and up to a $10,000 fine.
- Third-degree felony (DWI 3rd, intoxication assault): 2 to 10 years in prison and up to a $10,000 fine.
- Second-degree felony (intoxication manslaughter): 2 to 20 years in prison and up to a $10,000 fine.
On top of prison time, expect license suspension, surcharges, ignition interlock requirements, and mandatory community service hours.
Why Texas treats repeat DWI so harshly
Texas consistently reports some of the highest numbers of alcohol-related traffic deaths in the country. State lawmakers have responded with tough enhancements, especially for repeat offenders and crashes that injure or kill.
People Also Ask
Is a 3rd DWI a felony in Texas?
Yes. A third DWI in Texas is a third-degree felony with 2 to 10 years of potential prison time.
How much is bail for felony DWI in Texas?
It varies by county and the specific charge, often ranging from a few thousand dollars to much more for intoxication manslaughter.
Can you get probation for felony DWI in Texas?
Probation (community supervision) is sometimes available depending on the charge and history, but intoxication manslaughter carries mandatory minimums in many cases.
The safest move in Texas
Texas is a big state with long drives and a strong rideshare network. Plan the ride first. Marketers Against Drunk Driving exists to keep this message loud — share it with a friend who drives in Texas.
Disclaimer: This article is for general educational purposes and is not legal advice. DUI/DWI laws change often and vary by state and case. Consult a licensed attorney in your jurisdiction about your specific situation. Brought to you by Marketers Against Drunk Driving — using marketing for good. #marketersagainstdrunkdriving