Serious Charges in Texas: Can DUI Be a Felony Under State Law?

Can DUI Be a Felony in Texas? Serious DWI Charges Explained for Houston Drivers

Yes, a DUI-type offense or DWI can be a felony in Texas when certain facts are present, such as prior DWI convictions, a child passenger, serious injury, or death. Most first-time DWIs are misdemeanors, but Texas law quickly raises drunk or drugged driving to felony level if you already have convictions or if someone gets hurt. If you are a working parent in Houston worried about your job, license, and record, it is important to understand exactly when a Texas DWI can rise to felony level and what you can still do about it.

If you are asking yourself “can DUI be a felony in Texas,” it probably means you or someone close to you was just arrested. This guide breaks down when DWI becomes a felony in Texas, what penalties look like, and the first steps you can take to protect your license and your ability to keep working.

Felony vs Misdemeanor: When DWI Becomes a Felony in Texas

In Texas, most first and second DWIs are charged as misdemeanors. A DWI turns into a felony when certain legally defined triggers are present. Understanding those triggers can help you gauge how serious the situation really is.

Common felony DWI triggers in Texas include:

• Third or more DWI in your lifetime
• DWI with a child passenger under 15 years old
• Intoxication assault when someone suffers serious bodily injury
• Intoxication manslaughter when someone dies
• Certain situations involving prior felony DWI convictions

For a deeper discussion of when a Texas DWI can rise to felony level, it can help to read more detailed breakdowns of how prosecutors and courts treat these high risk cases.

These felony triggers are laid out in the Texas statutes that cover intoxication crimes. You can see the full list of offenses in the Texas Penal Code chapter on intoxication offenses, including intoxication assault, intoxication manslaughter, and DWI with a child passenger.

If you work construction or another hands-on trade, a single mistake on a weekend could suddenly look like a career ending felony if one of these facts is present. Knowing where your situation fits can help you plan your next move instead of just panicking.

Key Definitions: Texas DWI, DUI, and “Intoxication”

Texas uses the term “DWI” for most adult drunk or drugged driving cases. “DUI” in Texas is usually a separate, underage offense. People still say “DUI” in everyday talk, so this article uses the phrases together.

How Texas Defines Intoxication

Under Texas law, you are considered intoxicated if:

• Your normal physical or mental faculties are impaired by alcohol, drugs, or a combination, or
• Your blood alcohol concentration is 0.08 or higher.

The higher your BAC, the more likely prosecutors are to treat the case as serious, especially if there is a crash. If you are a blue collar provider who drives between job sites, even a “borderline” BAC can feel like a direct hit on your paycheck.

DWI vs DUI in Texas

• DWI typically applies to drivers 21 and older who are intoxicated while operating a motor vehicle in a public place.
• DUI often refers to the underage offense of driving with any detectable amount of alcohol for someone under 21.

For adults in Houston and across Texas, your concern is usually DWI. The felony rules focus on DWI and related crimes like intoxication assault and manslaughter.

Major Felony DWI Scenarios in Texas

To really understand “can DUI be a felony,” you need to look at the most common scenarios that turn a routine traffic stop into a felony DWI case.

Felony DWI for Third or More Offense

In Texas, a third DWI is usually charged as a third degree felony. That means potential prison time and a long license suspension.

• Prison range: 2 to 10 years in the Texas Department of Criminal Justice
• Fine: Up to $10,000
• License: Long term suspension and possible requirement for ignition interlock

Even if your earlier DWIs were years ago, Texas can still use them to raise a new arrest to felony DWI. If you are a construction foreman, truck driver, or tradesperson, the risk is not only prison. A felony record can make it harder to hold licenses, travel for jobs, or qualify for certain positions.

DWI With Child Passenger: Felony at the First Arrest

Texas treats DWI with a child passenger under 15 as a felony, even if it is your first arrest. This surprises many parents who think “first offense” always means misdemeanor.

• Level: State jail felony
• Range: 180 days to 2 years in state jail
• Fine: Up to $10,000

This also raises possible child endangerment issues and can trigger CPS involvement. If your kids rely on you for financial and emotional support, a child passenger DWI can strike at both your record and your role at home.

Intoxication Assault and Manslaughter in Texas

When a crash causes serious injury or death and officers believe intoxication played a role, charges often jump from simple DWI to intoxication assault or intoxication manslaughter. These are among the most serious drunk driving crimes in Texas.

• Intoxication assault: Usually a third degree felony when someone suffers “serious bodily injury,” such as lasting disability or risk of death.
• Intoxication manslaughter: Typically a second degree felony when someone dies because of the crash.

Penalties can include years in prison, large fines, and long license suspensions. If you are involved in a wreck on I 10 or 290 heading into a job site in Houston and someone is badly hurt, the legal exposure can go far beyond a standard DWI.

Prior Felony DWI Convictions

Once you have a felony DWI on your record, any new DWI charge is almost always treated with much more severity. Prior felony DWI history can raise future charges and increase minimum prison terms. For someone trying to rebuild life after a prior conviction, a new arrest can feel like starting over at the bottom.

Helpful Deep Dive on Felony Triggers

For a step by step breakdown of which facts turn a Texas DWI into a felony, it can help to read more detailed guides that focus specifically on high risk offenders and special DWI cases.

Micro Story: How a Houston Driver Faced Felony Risk Overnight

Imagine a 36 year old construction manager in Houston. He leaves a job site happy that the crew finished ahead of schedule. He has a few drinks with coworkers and heads home on 610 with his 8 year old son in the back seat. He gets pulled over for speeding, and the officer smells alcohol.

He blows a .10 on the breath test. Even though this is his first arrest, the officer notices his son in the car. The DWI is now filed as a felony because of the child passenger. By Monday, his supervisor is asking why he missed a safety meeting, his spouse is scared about CPS, and he is terrified he will not be able to support the family.

This is how quickly a situation can turn when one of the felony triggers is present. If this sounds like you, know that understanding the legal landscape is a key first step before making decisions about work, money, and your future.

Felony DWI Penalties in Texas: What Is at Stake?

If you are trying to figure out “when DWI becomes felony Texas” and what that really means for your life, it helps to see the ranges in simple terms.

Felony DWI Type	Felony Level	Prison / State Jail Range	Max Fine
Third or more DWI	Third degree felony	2 to 10 years in prison	Up to $10,000
DWI with child passenger	State jail felony	180 days to 2 years in state jail	Up to $10,000
Intoxication assault	Third degree felony (can be higher in some cases)	2 to 10 years in prison	Up to $10,000
Intoxication manslaughter	Second degree felony	2 to 20 years in prison	Up to $10,000

On top of these numbers, felony DWI penalties in Texas often include:

• Lengthy license suspensions or revocations
• Mandatory ignition interlock when you do drive
• Probation conditions, community service, and alcohol or drug treatment
• Permanent criminal record that can affect jobs, housing, and travel

For a blue collar provider, the real cost can be missing months of work, losing a work truck, or being unable to pass background checks for projects in refineries or plants. The legal fines are only part of the burden.

Key Facts That Make a DWI More Serious

Many people think DWI cases all look the same, but small details can change everything. These are some of the main facts that can raise the severity of a DWI or DUI type case in Texas.

• Number of prior DWIs or related intoxication offenses
• Blood alcohol level, especially if very high
• Whether there was a crash, and whether anyone was injured
• Presence of a child passenger under 15
• Location of the incident such as near schools or construction zones
• Whether you hold a commercial driver license (CDL)

If you are trying to support a family in Houston and drive daily to sites in Harris County or nearby counties, these facts matter. Two people might both get pulled over after a night out, but only one faces felony exposure because of a prior record or injured passenger.

Immediate Practical Steps: Protecting Your License and Your Job

Once you are arrested, time starts working against you, especially for your license. Here are steps you can take right away to protect your ability to drive to work.

The 15 Day ALR Deadline

After a Texas DWI arrest, you usually have 15 days from the date of the notice to request an Administrative License Revocation (ALR) hearing. If you miss that deadline, DPS can suspend your driver license automatically, even before the criminal case ends.

You can learn more about how to protect your license with an ALR hearing request and how that hearing fits into the overall defense strategy.

If you prefer, you can also see the official DPS information on How to request an ALR hearing (DPS portal) which explains the procedures and deadlines from the state agency side.

If you drive to job sites or haul equipment, losing your license for even 90 days can mean missed work, lost overtime, and pressure on your family. Acting within that 15 day window is one of the most important steps you can control.

Preserve Evidence While It Is Fresh

After a felony level DWI incident, evidence can disappear quickly. You can help your future defense by:

• Writing down your memory of the traffic stop and any crash as soon as you can
• Saving names and numbers of any witnesses, including coworkers or passengers
• Keeping any photos, videos, or dash camera footage related to the incident
• Tracking any injuries and treatment, including your own, in case they become part of the case

As a blue collar provider, you are used to documenting job progress, change orders, and safety issues. Treat your DWI situation the same way. The more accurate details you preserve now, the more options you may have later.

Talk With a Qualified Texas DWI Lawyer

Felony DWI law in Texas is complex, and local practice in Harris County courts can affect how cases move and what options are realistic. Speaking with a qualified Texas DWI lawyer about your specific facts can help you:

• Understand whether your case is likely to be filed as a misdemeanor or felony
• Evaluate potential defenses and mitigation strategies
• Plan for work schedules, license issues, and family obligations

For more on how legal teams actually challenge serious charges, you may want to review articles that explain defense strategies for felony level drunk driving cases so you can ask better questions and better understand your options.

Common Misconception: “My First DWI Cannot Be a Felony”

A frequent misunderstanding is that a first DWI is always a misdemeanor. That is not true under Texas law. A first DWI can be charged as a felony if:

• There is a child passenger under 15 in the vehicle
• There is a serious injury that qualifies as intoxication assault
• There is a death that leads to intoxication manslaughter charges

If you are a new driver or a parent who rarely drinks, this can feel shocking. The key point is that the presence of a child or the level of harm in a crash can push the charge to felony even if your record was clean before.

Secondary Perspectives: How Different Readers May View Felony DWI Risk

Analytical Professional: Timelines and Defense Factors

If you see yourself as an Analytical Professional, you likely want data and clear timelines. In many Houston area felony DWI cases, early steps happen fast: the ALR deadline at about 15 days, the first court setting within a few weeks, and initial evidence like body camera video and blood test results arriving over several months.

Defense strategies often focus on challenging the legal basis for the stop, the field sobriety testing, and the science behind breath or blood tests. You may also want to track how mitigation such as treatment, counseling, or installing an ignition interlock can influence offers and outcomes. Focusing on a month by month plan from arrest through potential resolution can help you feel more in control.

High stakes Executive: Confidentiality and Speed

If you relate to the High stakes Executive persona, your top concerns may be discretion and how quickly things can be contained. Felony DWI charges can appear in public records, but careful handling of court appearances, communication, and record checks can reduce unnecessary exposure.

You may want to ask questions about how information shows up in background checks, what can or cannot be removed if the case ends favorably, and how to coordinate your defense with professional obligations. The earlier those conversations happen, the more likely your legal and work strategies can move together instead of clashing.

VIP Reputation Focused: Record Control

As a VIP Reputation Focused reader, your main fear might be long term digital and public record fallout. While no lawyer can promise a clean slate, you can ask about what happens to your record if charges are reduced, dismissed, or resolved in alternative ways, as well as whether non disclosure or expunction might be possible in some scenarios.

Knowing the limits of record control up front lets you make informed choices instead of assuming everything will vanish on its own.

Healthcare Professional Worried About Licensure: Extra Felony Risks

If you are a Healthcare Professional Worried About Licensure, such as a nurse, paramedic, or pharmacist, felony exposure can directly intersect with your license and credentialing. Boards often treat felony convictions much more harshly than misdemeanors, and they may require self reporting, monitoring agreements, or discipline.

Understanding whether your situation is more likely to remain a misdemeanor or could become a felony can help you decide when to speak with both a criminal defense lawyer and, where appropriate, a licensing counsel.

Casual/Uninformed Young Driver: A Wake Up on Felony Triggers

If you are a Casual/Uninformed Young Driver, you might think “everyone drives after a few drinks” and that the worst you will see is a ticket or a night in jail. In Texas, that mindset can be dangerous. One crash with friends in the car, or a wreck that injures someone, can change the question from “will I lose my license” to “am I facing years in prison.”

Understanding basic felony triggers like child passengers, serious injury, and prior DWIs is a wake up call. The cost is not just money. It can be your record, your ability to travel, and your future career path.

Intoxication Assault and Manslaughter in Texas: How They Work

Because “intoxication assault and manslaughter Texas” searches are common, it is worth breaking these out separately.

Intoxication Assault

Intoxication assault usually applies when a person is seriously hurt and the driver is accused of being intoxicated. For example, if you are heading from a night shift in Harris County and clip a motorcycle on the Katy Freeway, and the rider suffers a lasting injury, prosecutors may file intoxication assault charges.

These cases are complex. They involve accident reconstruction, medical records, and detailed analysis of blood or breath results. They also often raise questions about who was actually at fault and whether the injuries meet the legal definition of “serious bodily injury.”

Intoxication Manslaughter

Intoxication manslaughter is filed when a person dies and intoxication is alleged to be a cause. Even if you did not intend any harm and had no prior record, the combination of a death and intoxication can lead to a second degree felony with a potential sentence of up to 20 years.

Both types of cases are emotionally heavy. They also require careful handling of media, victims, and complex evidence. If you are a provider for your family, the weight of these charges can feel overwhelming, but informed steps and strong support can help you move through the process.

Houston Texas Felony Drunk Driving Cases: Local Context

Houston Texas felony drunk driving cases are handled in state criminal courts in Harris County and surrounding counties like Montgomery, Fort Bend, and Brazoria. While Texas law is statewide, local practices can affect bond conditions, ignition interlock rules, and how quickly cases move.

For example, in many Harris County felony DWI cases, a judge may require an ignition interlock as a condition of bond. That means if you want to keep driving to work while your case is pending, you may need to install and pay for that device on your vehicle. Probation departments and pretrial services also vary from county to county.

If you manage crews, equipment, or shifts, understanding these local expectations can help you plan rides, work schedules, and child care around court dates and supervision requirements.

Defenses and Options in Felony DWI Cases

Even when the charge sounds severe, there are often legal and factual issues that can be explored. While every case is unique, here are some common areas that Texas DWI lawyers review.

• Traffic stop legality was there a valid reason to pull you over
• Field sobriety tests were they given correctly and fairly
• Breath and blood testing were the machines maintained, calibrated, and used correctly
• Causation in crashes did intoxication actually cause the injury or death, or were there other major factors
• Passenger and victim statements are there inconsistencies or missing context

There can also be mitigation options, such as alcohol treatment, counseling, and ignition interlock, that show steps you are taking to reduce risk and protect the community. For someone worried about staying employed and staying present for family, these steps can also be personally helpful, not just legally strategic.

Plain Language Checklist: When Can DUI Be a Felony in Texas

If all the legal detail feels like too much, it can help to see a simple checklist. You can also review a more detailed plain language checklist of felony DWI scenarios in Texas if you want to see more everyday examples.

In short, your DWI or “DUI” type case may be a felony in Texas if:

• This is your third or later DWI
• You had a child passenger under 15 in the vehicle
• There was a crash with serious injury to someone else
• There was a crash that caused someone’s death
• You already have a felony DWI on your record

If your situation matches one or more of these points, you are likely dealing with felony level exposure and should treat timelines, license issues, and defense planning as urgent.

FAQ: Key Questions About “Can DUI Be a Felony in Texas”

Is a first DWI in Texas always a misdemeanor?

No. While many first DWIs are misdemeanors, a first arrest can be a felony if there is a child passenger under 15, a serious injury that qualifies as intoxication assault, or a death that leads to intoxication manslaughter charges. Your record is only one piece of the puzzle.

How long can a felony DWI case take in Houston, Texas?

Felony DWI cases in Houston and Harris County can take several months to more than a year, depending on how complex the facts are and how crowded the court’s docket is. It often takes time for blood test results, accident reconstruction, and medical records to be fully reviewed. During that time, bond conditions, ignition interlock, and license issues can affect your daily life.

Will I automatically lose my Texas driver license after a felony DWI arrest?

You are not automatically suspended the moment you are arrested, but Texas can suspend your license through the ALR process if you do not request a hearing within the deadline. For many drivers, this is about 15 days from receiving notice of suspension. Filing a timely ALR hearing request can preserve your right to challenge the suspension.

Can a felony DWI in Texas ever be reduced to a misdemeanor?

In some cases, felony DWI charges may be reduced to misdemeanors if there are legal problems with the case, contested facts, or strong mitigation, but there is no guarantee. Outcomes depend on the specific facts, evidence, and how prosecutors and courts in your county handle similar cases. Discussing realistic options with a Texas DWI lawyer who knows local practice is important.

How does a felony DWI affect jobs and background checks in Houston?

A felony DWI conviction can appear on criminal background checks and can affect hiring for many jobs, especially those that involve driving, safety sensitive work, or professional licenses. Some employers in the Houston area may have strict policies about felony records for workers in plants, refineries, or construction management roles. Understanding these risks can help you plan conversations with your employer and protect your long term earning power.

Why Acting Early Matters If You Face Possible Felony DWI Charges

When you are worried about whether your Texas DWI is a felony, it is easy to feel frozen. Yet the most important protections often come from early action: requesting your ALR hearing, preserving evidence, and understanding the specific felony triggers in your case.

For a blue collar provider, time off work, missed paychecks, and stress at home can build quickly. Taking clear, informed steps in the first few weeks can help you protect your license, keep your job as much as possible, and place yourself in the best position to deal with the criminal case.

If you want a short, plain English overview, you can also explore a short Q&A: felony DWI scenarios in Texas (educational) that walks through common situations that move a case from misdemeanor to felony level.

The main takeaway is this: while you cannot change what already happened on the night of the arrest, you can change how you respond now. Learning the rules about when DWI becomes felony Texas wide, knowing the penalties for intoxication assault and manslaughter, and taking quick steps to protect your license all help you move from panic toward a plan.

Below is a brief video explanation that walks through the same core question in everyday language and highlights the one mistake that most often turns a misdemeanor into a felony.

Butler Law Firm - The Houston DWI Lawyer
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