Texas Drunk Driving Charges: Is DUI a Misdemeanor or Felony in Texas?

Short answer: for adults in Texas, most first-time drunk driving cases are charged as DWI and are misdemeanors. A DWI becomes a felony if it is a third or subsequent DWI, if it involves a child passenger under 15, or if intoxication causes serious injury or death. Texas uses the term DWI for adults, and the term DUI usually refers to under-21 drivers. As of December 13, 2025, these rules apply statewide.

Why this question matters if you live and work in Houston

You might be a mid-30s Houston construction manager who just got arrested on a Saturday night. You are worried about your job site on Monday, your license, and how to face your family. Knowing whether your charge is a misdemeanor or a felony tells you what could happen next and what decisions to make in the first 15 days.

Texas treats alcohol-related driving cases seriously, but not every arrest is a felony. This guide explains the line between misdemeanor and felony DWI in plain language, then shows the immediate steps that protect your license and narrow the damage.

Key definitions: DUI vs DWI in Texas

In Texas, the adult offense is DWI, Driving While Intoxicated, found in Chapter 49 of the Penal Code. It applies when alcohol, drugs, or a combination makes you lose the normal use of your mental or physical faculties, or when your BAC is 0.08 or higher. DUI is a separate, usually minor, charge used mostly for drivers under 21 for any detectable alcohol, including when they are not legally intoxicated.

Because most adults search for DUI, people often ask, is DUI a misdemeanor or felony in Texas. For adults, the misdemeanor versus felony line is set by the DWI rules. You can review the Texas Penal Code chapter on intoxication offenses to see how the statute labels each offense.

Felony vs misdemeanor DWI in Texas, the quick view

Here is the plain-language snapshot you need. If your arrest is a first or second DWI with no aggravating facts, it is usually a misdemeanor. It turns into a felony when certain triggers are present. Use this checklist to understand where your case likely falls today.

• First DWI: Class B misdemeanor. Minimum 72 hours to 180 days in jail is possible. Fine up to $2,000. License suspension may range from 90 days to 1 year. If an open container is present, a minimum 6 days in jail can apply. If BAC is 0.15 or higher, the charge is a Class A misdemeanor with up to 1 year in jail and up to a $4,000 fine.
• Second DWI: Class A misdemeanor. Minimum 30 days and up to 1 year in jail is possible. Fine up to $4,000. License suspension typically 180 days to 2 years.
• Third or more DWI: Third-degree felony. Possible 2 to 10 years in prison and up to a $10,000 fine. This is often called the third DWI felony in Texas.
• DWI with child passenger under 15: State jail felony. Possible 180 days to 2 years in a state jail facility and up to a $10,000 fine.
• Intoxication assault serious bodily injury: Third-degree felony, with possible enhancements to a higher degree in certain situations, such as injuries to first responders. Possible 2 to 10 years in prison and up to a $10,000 fine.
• Intoxication manslaughter death: Second-degree felony. Possible 2 to 20 years in prison and up to a $10,000 fine.

For a more detailed walk through, see our explanation of when a DWI can become a felony in Texas and this blog’s clear summary of when DWI becomes a felony. If you want the statute itself, the link above goes to Chapter 49 of the Penal Code, which lists the offense levels and enhancements.

How a misdemeanor becomes a felony, explained with Houston examples

You want clear, real-world examples, not legal buzzwords. Here are common Harris County patterns that change the charge.

• Third DWI felony in Texas: Two prior DWI convictions anywhere in Texas usually make a new DWI a third-degree felony, even if today’s facts seem routine. This can mean prison exposure from 2 to 10 years.
• Child passenger: If a child under 15 is in your vehicle, the charge is a state jail felony, even on a first arrest.
• Serious injury or death: If a crash causes serious bodily injury, prosecutors can file intoxication assault. If a death results, intoxication manslaughter applies. These are felonies with higher punishment ranges and lasting impact.
• Felonies of violence tied to intoxication: When alcohol or drugs lead to high-speed crashes, wrong-way driving, or injury to public servants, prosecutors may pursue higher-degree felonies under the intoxication statutes. The label changes from a traffic stop case to a violent-felony type case.

Micro-story: Marcus, a Houston construction foreman, got a first DWI after a work dinner. No crash, respectful stop, BAC 0.10. His case stayed a misdemeanor. Two years later he picked up a second, still a misdemeanor but with heavier penalties. When a third arrest happened after a minor fender-bender on I-10, the case jumped to a third-degree felony even though no one was seriously hurt. The third arrest, not the severity of the stop, was the trigger.

Penalties and what they mean for your daily life

Felony vs misdemeanor DWI Texas is not only about labels. It affects your license, job, travel, and even housing applications. Here is what to consider if you provide for your family and must drive to job sites.

• Jail or prison exposure: Misdemeanors carry up to 1 year in county jail. Felonies carry 2 to 20 years depending on the charge. Many cases end without jail time, but the exposure affects negotiations and conditions of probation.
• Fines and state traffic fines: Courts can impose fines up to $2,000, $4,000, or $10,000 based on the offense level. Texas also adds a separate state traffic fine on DWI convictions. Typical ranges are $3,000 for a first within 36 months, $4,500 for a repeat within 36 months, or $6,000 if BAC is 0.15 or higher.
• License suspension: Criminal suspensions can range from 90 days to 2 years. Administrative suspensions are separate and can start before your court date. More on the ALR process below.
• Ignition interlock: Courts often require an interlock device during the case and sometimes during probation. Interlock can be mandatory on repeat cases or high BAC cases.
• Insurance and costs: Expect higher insurance rates and SR-22 requirements. Even a first DWI can cost several thousand dollars with towing, classes, interlock, and fees.
• Long-term records: In Texas, DWI convictions do not automatically fall off your record. Certain arrests may qualify for sealing or expunction if dismissed or if you complete deferred adjudication in eligible situations. Eligibility is limited, so get specific advice.

Immediate steps within 15 days to protect your license

Two tracks start after a DWI arrest in Houston. The criminal case goes to county court or district court, and a civil driver’s license process starts at the same time. The civil process is called ALR, Administrative License Revocation. You usually have 15 days from notice to request a hearing or the suspension will go into effect automatically.

• Do not miss the ALR deadline: If your breath or blood test was requested, or if you refused, the clock is short. Learn exactly how to request an ALR hearing within 15 days to keep your driving rights while the case is pending.
• Understand the ALR system: The Department of Public Safety runs this separate civil case. Their page gives a plain overview of the process, the hearing, and possible outcomes. See the Texas DPS overview of the ALR license‑revocation process.
• Preserve evidence early: Save phone videos, dashcam footage, receipts, and names of witnesses. Note where you were and what you drank, and when. Ask promptly for police body camera and video. Early evidence can shift the outcome, especially on the line between impairment and normal use of faculties.
• Plan for work travel: If you drive for a living, explore an occupational license and interlock options. Getting ahead of these logistics reduces missed work.

For a simple checklist, this blog covers steps to protect your license and ALR deadline. The ALR process can be technical, so consider talking with a qualified Texas DWI lawyer for your situation.

Evidence and legal details for the Analytical Planner

Analytical Planner: you want the exact legal triggers, timelines, and proof issues. Here are the key points that decide whether a DWI is a misdemeanor or a felony in Texas.

• Prior convictions: Two prior DWI convictions generally elevate the new case to a third-degree felony. Courts check certified judgments from any Texas county and sometimes from out-of-state if they are substantially similar.
• Child passenger: A child younger than 15 in the vehicle elevates the offense to a state jail felony. Age is measured at the time of the offense.
• Serious bodily injury or death: If intoxication causes serious bodily injury, the offense is intoxication assault, normally a third-degree felony, with enhancements possible in specific victim categories. If death results, it is intoxication manslaughter, a second-degree felony.
• ALR burden of proof: In the license case, DPS must show reasonable suspicion for the stop, probable cause for arrest, and failure or refusal of testing. This is separate from the criminal burden of proof beyond a reasonable doubt.
• Video and science: HGN clues, walk-and-turn, and one-leg-stand are field tests with known error rates. Breath and blood testing require proper maintenance, certification, and lab procedures. Discovery on these points often drives outcomes.

For statute citations and escalation rules in a compact format, see this Q&A style post on statutory triggers that upgrade DWI to a felony. You can always double-check the offense levels in the Texas Penal Code chapter on intoxication offenses.

Profession-specific notes for the High-stakes Professional

High-stakes Professional: your focus is discretion and career impact. Even a misdemeanor DWI can trigger employer policies, background checks, and travel issues. Felony charges increase those risks significantly.

• Employer and client reporting: Some companies require self-reporting of arrests, not just convictions. Understand your policy before speaking to HR. You may have options to limit details while the case is pending.
• Licensing and clearances: Government contracts, TWIC, and certain plant or refinery access badges can be affected by pending felony charges. Conferring with counsel before you volunteer information helps you avoid oversharing.
• Travel: International travel to Canada can be restricted after certain impaired driving convictions. Plan ahead if a trip is on your calendar.

Guidance for the Uninformed Young Driver

Uninformed Young Driver: in Texas, DUI usually means under 21 with any detectable alcohol. You may not be facing adult DWI penalties, but the consequences can still be serious. A single stop can lead to a license suspension, fees, and a record you did not expect.

Shock fact: even without a high BAC, a license suspension can start quickly if you miss the ALR deadline. The civil process can suspend your license for 60 to 180 days or longer depending on the facts. A small choice now can change school, work, and insurance costs for years.

Notes for the Licensed Professional Caregiver

Licensed Professional Caregiver: nurses, EMS, and other caregivers often worry about board reporting and employer notifications. Many boards request prompt notice of criminal charges, especially felonies. You may be able to maintain confidentiality while you get accurate facts and plan next steps. Know the ALR 15 day timeline and document any treatment or counseling steps you begin early.

Common misconceptions that cause avoidable harm

• Misconception: A first DWI is always a slap on the wrist. Reality: high BAC, open container, or a crash can raise penalties immediately. A second arrest later brings mandatory minimum jail exposure.
• Misconception: If my BAC is under 0.08, I cannot be charged. Reality: prosecutors can allege loss of normal use of mental or physical faculties even below 0.08 based on driving, tests, or video.
• Misconception: Felony DWI only happens if someone dies. Reality: a third DWI or a child passenger can make the case a felony even without a crash.

How Houston courts and timelines usually look

In Harris County, most first and second DWIs start in county criminal courts. Felony cases start in district court. Early settings focus on bond conditions, discovery, and whether interlock or no-alcohol terms will apply. If you requested an ALR hearing within 15 days, your license case will also be scheduled. Evidence review, motions, and negotiations often take several months. Some cases resolve in 90 to 180 days. Felony cases can take longer because accident reconstruction, medical records, and additional discovery add time.

Defenses and pressure points that actually matter

• The stop: Was there a valid reason to stop or detain the vehicle. A bad stop can suppress the evidence.
• Field sobriety testing: Poor instructions, medical conditions, or uneven surfaces can weaken test results.
• Breath and blood: Calibration, chain of custody, fermentation issues, and lab protocols matter. Timelines from drinking to testing can change BAC interpretations.
• Video and witnesses: Body cam and third party video can show normal speech, balance, and driving, which contradicts impairment claims.
• Priors and enhancements: Sometimes a prior conviction is invalid for enhancement or is not substantially similar. That can be the difference between a felony and a misdemeanor.

For deeper reading beyond this article, some people like an interactive Q&A on misdemeanor vs felony DWI situations. Treat it as education, not advice for your specific facts.

Felony vs misdemeanor DWI Texas, side by side

Scenario	Charge level	Possible custody time	Fine range	License impact
First DWI, BAC under 0.15, no crash	Class B misdemeanor	72 hours to 180 days	Up to $2,000	90 days to 1 year
First DWI with BAC 0.15 or higher	Class A misdemeanor	Up to 1 year	Up to $4,000	Potential suspension and interlock
Second DWI	Class A misdemeanor	30 days to 1 year	Up to $4,000	180 days to 2 years
Third or more DWI	Third-degree felony	2 to 10 years	Up to $10,000	180 days to 2 years
DWI with child passenger under 15	State jail felony	180 days to 2 years	Up to $10,000	Possible suspension
Intoxication assault	Third-degree felony, higher in some cases	2 to 10 years	Up to $10,000	Significant impact
Intoxication manslaughter	Second-degree felony	2 to 20 years	Up to $10,000	Significant impact

This table is a guide. The exact range and conditions depend on your record and the facts. You can compare these scenarios with the statute itself at the Texas Penal Code chapter on intoxication offenses.

Frequently asked questions about is DUI a misdemeanor or felony in Texas

Is a first DWI a misdemeanor in Texas

Usually yes. A first DWI is a Class B misdemeanor with a minimum of 72 hours in jail up to 180 days, and up to a $2,000 fine. If your BAC is 0.15 or higher, it can be charged as a Class A misdemeanor with up to 1 year in jail and up to a $4,000 fine.

When does a Texas DWI become a felony

A DWI becomes a felony if it is your third or subsequent DWI, if a child under 15 was in the vehicle, or if intoxication caused serious injury or death. The felony level ranges from a state jail felony to a second-degree felony depending on the facts.

How long will a DWI stay on my record in Texas

A DWI conviction stays on your criminal record indefinitely. Some arrests may be eligible for record sealing or expunction, especially if the case is dismissed or if you receive certain types of deferred adjudication. Eligibility is fact specific.

What happens to my Texas driver’s license after a DWI arrest

You face a separate Administrative License Revocation case with DPS. You usually have 15 days from notice to request a hearing or the suspension starts automatically. See the DPS website for the process and timelines.

Do Houston courts treat a DWI with no crash differently

Courts consider the whole picture, including your record, BAC, and how you handled the stop. A clean record and no crash can reduce risk, but a high BAC or child passenger can still raise penalties.

Why acting early matters for Houston drivers

You care about work, your license, and your family. Early action protects all three. Request the ALR hearing within 15 days, gather video and receipts before they disappear, and learn where your case stands on the misdemeanor versus felony line. Enter the next court setting informed and prepared. If questions remain, review our page on when a DWI can become a felony in Texas and use the official statute link above to double-check offense levels. Thoughtful steps today can limit long-term damage.

Quick video explainer for anxious Houston drivers

This 60 second video gives a plain-language summary for the Anxious Provider who needs clarity now. It covers when a DWI stays a misdemeanor and the common felony triggers, then reminds you about the 15 day ALR deadline and preserving evidence.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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