In Texas, drunk driving is charged as DWI. A first or second DWI is generally a misdemeanor — but Texas law turns DWI into a felony in several specific situations.
Misdemeanor DWI in Texas
- DWI 1st — Class B misdemeanor (or Class A with a high BAC of 0.15+).
- DWI 2nd — Class A misdemeanor.
These still carry jail time, fines up to $4,000, and license suspension — but they are not felonies.
When DWI is a felony in Texas
- DWI 3rd or subsequent — third-degree felony.
- DWI with a child passenger under 15 — state jail felony.
- Intoxication assault (serious injury) — third-degree felony.
- Intoxication manslaughter (death) — second-degree felony.
Texas felony DWI penalties
Felony DWI in Texas can mean anywhere from 180 days in a state jail to 20 years in prison for intoxication manslaughter, plus fines up to $10,000, license revocation, and an ignition interlock requirement.
People Also Ask
Is your first DWI a felony in Texas?
No. A first DWI is a misdemeanor unless a child passenger, serious injury, or death is involved.
How many DWIs before it's a felony in Texas?
The third DWI is a felony in Texas, and unlike some states, old priors still count.
Does Texas have a lookback period for DWI?
For enhancing a DWI to a felony based on priors, Texas effectively has no time limit — prior DWI convictions count no matter how old.
The Texas takeaway
Texas does not go easy on impaired driving. The smartest play is the one you make before the first drink: line up a sober ride. Share this with someone who drives Texas roads. #marketersagainstdrunkdriving
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