Short answer: Most DWIs in Texas are misdemeanors. A DWI is a felony if you have two prior DWI convictions, if a child under 15 was in the car, if the crash caused serious bodily injury, or if someone died. A felony DWI carries 2 to 20 years in prison and fines up to $10,000, depending on the charge.
A DWI charge can increase to a third-degree felony if the accused has two prior DWI convictions, OR if the driver’s intoxication caused a crash that resulted in serious bodily injury to another person. A third-degree felony carries the potential for a prison sentence between 2 and 10 years, along with a fine of up to $10,000.
Depending on the circumstances of the arrest, driving while intoxicated may be considered a misdemeanor or a felony.
Misdemeanors typically carry less severe criminal penalties like less jail time and a smaller monetary fine.
The most common felony DWI offenses are DWI 3rd or intoxication assault, which are both third degree felonies.
If you need answers about a DWI arrest or the classification of DWI charges in Texas, contact the San Antonio criminal defense lawyers at Austin Hagee Law Firm today.
Our team has handled hundreds of DWI cases and knows what it takes to aggressively protect our clients’ rights in any situation.
Consult with our office right away to discuss your case and start building your defense.
If you’ve been arrested for DWI, it’s normal to feel overwhelmed—especially when you’re hearing words like “felony,” “prison,” and “license suspension.” The truth is, a DWI becomes a felony only under specific circumstances, and the details matter. Austin Hagee Law Firm can help you understand what you’re facing and what options you have—before a mistake costs you your future.
A DUI is not a felony in Texas unless specific conditions apply. A third offense, a DWI with a child passenger, or a DWI causing injury or death can elevate the charge to a felony. Most first and second DWIs remain misdemeanors under Texas law.
In Texas, a felony DWI carries severe penalties, including a fine that can go up to $10,000, a maximum prison sentence of 10 years, and the possibility of 800 hours of community service. Additionally, offenders may be mandated to install an ignition interlock device to prevent intoxicated driving.
Texas Penal Code § 49.04 prohibits drivers from operating a motor vehicle while intoxicated. In Texas, “intoxicated” means the driver:
But when is this crime a misdemeanor, and when is it a felony?
Generally, a DWI charge in Texas qualifies as a Class B misdemeanor, which carries a potential jail term of up to 180 days and a fine of up to $2,000.
And even though the judge has discretion on jail time, there is a mandatory minimum jail sentence of 72 hours or three days, if convicted.
If the driver had an open container of alcohol in their immediate possession, the mandatory sentence for a conviction increases to six days.
If the driver’s BAC was 0.15% or more, the DWI is considered a Class A misdemeanor. In Texas, a Class A misdemeanor carries a maximum potential jail sentence of up to one year and a fine of up to $4,000.
A DWI charge can increase to a third-degree felony if the accused has two prior DWI convictions. Additionally, a DWI charge can increase to a third-degree felony if the driver’s intoxication caused a crash that resulted in serious bodily injury to another person.
A third-degree felony carries the potential for a prison sentence between 2 and 10 years, along with a fine of up to $10,000.
If you or a loved one finds yourself dealing with this serious of a charge, you’ll want to make sure to hire an attorney that is skilled in the nuances of DWI criminal defense work.
Someone that is prepared to go the extra mile to help you build your best defense. Contact a member of our team today to discuss your options.
The prosecuting attorney must prove every element of the offense beyond a reasonable doubt. Depending on the circumstances of your case, a legal defense can negate an element of the charge and encourage the prosecutor to dismiss or reduce your charges.
Legal defenses that may apply to DWI charges include:
Our DWI lawyers at Austin Hagee Law Firm understand the elements of a DWI charge in Texas and know which legal defenses can help fight these charges.
Contact Austin Hagee Law Firm, so a member of our team can review the facts of your case and determine if a legal defense applies.
Yes, you can lose your driver’s license after a felony DWI conviction. In fact, you will lose your driver’s license automatically after a DWI arrest unless you request a license revocation hearing through the Texas Department of Public Safety within fifteen days.
For a third DWI, you will likely lose your license for between one and two years. Losing your driver’s license can inflict unnecessary stress on you and your loved ones.
Consult with a member of our team, so we can request a license revocation hearing and help you avoid losing your driving privileges. If you lose your license, we can help you get a temporary occupational driver’s license.
When you’re facing a DWI, the unknown is often the scariest part—Will this be a felony? Will I go to jail? Will I lose my license or my job? You deserve clear answers and a defense strategy built around the facts of your case. Austin Hagee Law Firm serves as your guide—grounded, prepared, and ready to protect your rights from the very start. We’ll review the allegations, explain what factors can elevate a DWI to a felony in Texas, and identify the strongest defense opportunities. If your license is at risk, we can help you understand critical deadlines and next steps. Most importantly, you’ll have a team that can push back against unfair assumptions and fight for the best possible outcome. Don’t wait for the case to get harder—reach out now and get a plan.
Multiple DWIs within a specified time period can result in added requirements for the accused. Felony DWI punishment can require installing an ignition interlock device (IID) inside your vehicle for multiple years.
The IID requires the driver to provide a breath sample without traces of alcohol before they can start the vehicle. If the driver provides a breath sample that registers any alcohol, the vehicle will not start, and the machine will keep a record of the failed sample.
The IID will be legally required to remain on the vehicle until a judge issues an order to remove it from the vehicle.
Additionally, Texas restricts convicted felons from voting until after their sentence or probation is “fully discharged.”
Texas law prohibits individuals with a felony conviction from owning a gun until five years after their release from prison or parole. Thus, a felony DWI conviction can affect your 2nd Amendment right to bear arms.
Texas prohibits anyone with a felony conviction from holding a public office position. The state can also revoke public benefits like Supplemental Nutrition Assistance Program (SNAP) if you receive a felony conviction.
As you can see, a felony DWI conviction can affect you in numerous ways outside stiff criminal penalties. Contact a member of our team today to discuss ways to fight your DWI charge.
Austin Hagee Law Firm finances its own clients directly, with flexible payment plans and a low initial payment. Call to find out what a defense would look like for you.
Available 24/7 for new inquiries
With prior experience as district attorneys, our DWI lawyers at Austin Hagee Law Firm know the tactics prosecutors use to convince defendants to accept unfavorable plea agreements and secure DWI convictions.
Our criminal defense lawyers collectively have over a decade of experience helping individuals facing DWI charges. We know what it takes to secure favorable plea agreements or present evidence to get a client’s charges reduced or dismissed.
If you or a loved one are facing DWI charges in Texas, contact our team at Austin Hagee Law Firm today. Our team has the knowledge and resources to defend your constitutional rights.
A strong defense that protects your future should not be reserved for those with the deepest pockets. Austin Hagee Law Firm finances its own clients directly, with flexible payment plans and a low initial payment.
Available 24/7 for new inquiries
No. A first-time DWI is a misdemeanor in almost every case — a Class B misdemeanor if your BAC was under 0.15%, a Class A misdemeanor if it was 0.15% or higher. A first DWI becomes a felony only if a child under 15 was in the car, or if someone was seriously hurt or killed.
A third DWI is automatically a felony in Texas. Your first and second DWIs are misdemeanors (unless a felony trigger applies). Texas has no lookback period, which means a DWI from 20 years ago still counts toward your total.
Yes. If a child under 15 was in the car when you were stopped for DWI, the charge is automatically a state jail felony — even if it’s your first DWI. This is true regardless of whether the child was hurt.
Intoxication assault is when your intoxication caused a crash that seriously hurt someone — it’s a third-degree felony (2 to 10 years). Intoxication manslaughter is when your intoxication caused a crash that killed someone — it’s a second-degree felony (2 to 20 years).
Yes. A felony DWI conviction triggers a license suspension of 1 to 2 years. You can also lose your license before you’re ever convicted if you refuse a breath or blood test, or if you fail one — unless you request an ALR hearing within 15 days of arrest.
Generally no. A DWI conviction — felony or misdemeanor — cannot be expunged in Texas. If your case was dismissed, reduced, or you were found not guilty, you may qualify for expunction or non-disclosure. If you were convicted, expunction is not available.
Yes. Felony DWIs carry prison time, permanent records, and civil-rights consequences that last a lifetime. Public defenders handle heavy caseloads and often can’t give felony DWI cases the attention they need. A private attorney who handles DWI cases regularly will know which defenses apply, which priors can be challenged, and when §12.44(a) reductions are possible.
If you or a loved one has been arrested for drinking and driving in Texas, you’re probably hearing terms like DWI, DUI, ALR hearing, and occupational driver’s license being thrown around a lot.
You never expected to be in this position.
Texas imposes some of the most restrictive drug laws in the nation.
