Texas DUI vs DWI: Is DUI a Felony in Texas?

No, a first-time DUI in Texas is usually not a felony, because Texas reserves the term DUI for drivers under age 21 and treats most of those cases as misdemeanors. For adults, Texas uses the term DWI, and certain DWI situations are felonies, including intoxication assault, intoxication manslaughter, driving while intoxicated with a child passenger, and third or subsequent DWI convictions. If you live or work in Houston and saw “DUI” used in another state, read on for a clear Texas-focused comparison and a simple checklist of when drunk driving charges escalate to felony-level risk.

Plain-language comparison: DUI in other states vs DWI in Texas

You are not alone if you searched “is DUI a felony in Texas” after reading an out-of-state article. Most states use DUI as the umbrella term for impaired driving. Texas law uses different labels. Adults face DWI under Penal Code Chapter 49, while DUI in Texas appears mainly in the Alcoholic Beverage Code and targets under-21 drivers. When you ask whether DUI is a felony in Texas, the better question is: under what facts does a Texas DWI become a felony. For a quick primer, see this early overview of when a Texas DWI becomes a felony.

If you are still sorting out the terms, this short comparison helps too: short comparison of 'DUI' and Texas DWI terminology. The headline takeaway is simple. DUI in Texas is usually a minor-only offense and a misdemeanor. Adult drunk driving prosecutions are labeled DWI, which can be a misdemeanor or a felony depending on the facts.

For those who want to see the legal definitions, you can review Texas Penal Code Chapter 49 (DWI offense definitions). You do not need to memorize statutes, but it is useful to recognize the specific names that signal felony-level allegations, such as intoxication assault and intoxication manslaughter.

Quick answer for Houston professionals: when DWI becomes a felony

If you work in or around the Houston energy corridor, the Medical Center, or the Port, you likely want a risk snapshot. Here is the concise version, with plain English labels you can match to your police paperwork:

• Intoxication assault after a crash with serious bodily injury, typically a third-degree felony.
• Intoxication manslaughter after a fatal crash, typically a second-degree felony.
• DWI with a child passenger under age 15, a state jail felony.
• Third or subsequent DWI conviction, usually a third-degree felony. Two prior qualifying DWI convictions can elevate a new DWI to a felony.
• Other enhancement paths, such as prior felony intoxication offenses that raise the level of punishment.

For a deeper reference that you can skim, see this firm resource that collects the main scenarios and punishment ranges in one place, including misdemeanor versus felony breakpoints and sentencing ranges: summary of Texas DWI penalties and felony triggers.

Is DUI a felony in Texas for minors

Short answer: usually no. In Texas, DUI is aimed at drivers under 21. It is a zero-tolerance rule. Any detectable alcohol while driving can lead to a DUI charge. These cases are generally misdemeanors, and punishment can include fines, community service, alcohol education, and a driver license suspension. However, if an under-21 driver is intoxicated as Texas defines it, the charge can be filed as DWI instead of DUI, and all the normal DWI rules and potential enhancements apply. That is where felony exposure can arise, for example if there is a serious injury crash or prior convictions.

If you are a parent or a younger driver in Harris County, remember that a DUI or DWI is not just a ticket. Even a first-time incident can affect school, internships, and early-career background checks. The safest plan is to understand the zero-tolerance rule and the difference between a minor DUI and an adult DWI before you make decisions about court dates or license deadlines.

Urgent procedural deadline: the ALR 15-day window

After a DWI arrest in Texas, your driver license is at risk from a separate civil process called Administrative License Revocation, often called ALR. You generally have 15 days from the date you receive a Notice of Suspension to request a hearing. Miss that window and your suspension can begin automatically. You can review the official portal and deadline details here: Official DPS ALR hearing request portal and deadline.

Panicked-First-Timer: if the 15-day deadline is looming, take a breath. Many professionals in Houston face this exact calendar crunch. Request the hearing quickly to preserve your driving rights, then talk through next steps with a qualified Texas DWI lawyer who can align ALR strategy with the criminal case.

For a simple walk-through of common scenarios and what facts tend to push a case toward felony territory, you can explore this interactive Q&A: common felony-risk scenarios. Use it as a starting point, not a substitute for case-specific advice.

Checklist: DUI vs DWI felony Texas triggers you should know

You asked for a clear checklist of when drunk driving becomes a felony in Texas. Here it is in one place. If your paperwork or probable cause affidavit uses any of the bolded phrases, you are likely looking at a felony-level allegation:

• Intoxication manslaughter: fatality linked to intoxication. Often a second-degree felony with a potential prison range measured in years, along with a lengthy driver license suspension.
• Intoxication assault: serious bodily injury linked to intoxication. Often a third-degree felony, typically involving higher bond conditions and stricter pretrial supervision.
• DWI with child passenger: any passenger under 15 while intoxicated. This is a state jail felony that carries unique sentencing rules and often triggers CPS questions.
• Third or more DWI offense: two prior DWI convictions can elevate a new arrest to a third-degree felony. The paperwork may reference prior judgments or dates of conviction.
• Special enhancements: prior felony intoxication offenses and certain fact patterns may raise punishment ranges. The charging language often cites the specific Penal Code provision.

To see these trigger points summarized alongside misdemeanor paths and sentencing ranges, review the summary of Texas DWI penalties and felony triggers. For another quick reference built as a one-page guide, here is a clear checklist of when DWI becomes a felony in Texas.

What stays a misdemeanor in Texas drunk driving cases

Most first and second DWI cases in Texas are misdemeanors. A first DWI can be a Class B misdemeanor. If the blood alcohol concentration is alleged to be 0.15 or higher, the charge can be filed as a Class A misdemeanor. These are serious, but they are not felonies. They can still affect your job, professional license, and ability to travel. In Harris County, misdemeanor DWI cases often move through specialized county criminal courts. Expect discovery, pretrial settings, and a timeline that spans months, not weeks.

Carefree-Younger-Driver: the myth that a first DWI is “just a ticket” is wrong. Even a misdemeanor DWI can carry a driver license suspension, surcharges, ignition interlock requirements, and a criminal record that can appear in background checks long after graduation.

Houston, Harris County context: enforcement and serious DWI cases

Houston-area agencies actively enforce impaired driving laws. Weekend saturation patrols and no-refusal initiatives often lead to quick search warrants for blood draws when drivers decline breath testing. If you were arrested in Harris County, you may see references to search warrants, blood kits, or lab analysis in your discovery. In neighboring counties like Fort Bend, Montgomery, and Galveston, procedures are similar, although court settings and docket speed can vary by courthouse.

For those asking about Houston Texas serious DWI cases, felony filings draw extra attention. Bond conditions may include ignition interlock, random testing, or travel restrictions. Some felony courts in the region set early compliance reviews and expect tight adherence to pretrial rules. If you manage a team or travel for work, plan for these conditions so you do not stumble into a violation.

A realistic micro-story from a Houston professional

Jordan is a 38-year-old project manager who drives all over Harris County for job sites. One Friday, a crash occurred on the 610 loop. No one was seriously hurt, but EMS evaluated a passenger. Jordan’s breath test was above the legal limit. The officer filed the case as a misdemeanor DWI. Days later, Jordan received a Notice of Suspension for ALR and almost missed the 15-day deadline because of business travel. The ALR hearing was requested in time, which kept the option open for a work permit while the case moved forward. The misdemeanor stayed a misdemeanor. If a serious injury had been documented or if Jordan had two prior DWI convictions, the same incident could have pushed into felony territory with very different stakes.

Key definitions you will see in Texas paperwork

Understanding the labels on your charging documents helps you predict risk. Here are the most common ones and why they matter to your “is DUI a felony in Texas” question:

• DWI means driving while intoxicated. This is the adult offense used in most Texas drunk driving cases.
• DUI in Texas usually means under-21 drivers with any detectable alcohol. The focus is zero tolerance rather than impairment.
• Intoxication assault and intoxication manslaughter are felony charges tied to injury or death. The charging language will reference Penal Code Chapter 49.
• Enhancement paragraphs are the lines that list prior convictions and can elevate the new case.
• ALR is the separate civil license case, with its own 15-day hearing request deadline.

Penalties snapshot, with numbers you can use

Exact outcomes depend on many facts and the court’s decisions. That said, here are realistic ranges that help you sense the magnitude:

• First DWI, Class B: potential jail up to 180 days, fines, court costs, and license suspension. Many first cases focus on probation terms and interlock rather than jail time.
• First DWI with BAC 0.15 or more, Class A: higher fine ceiling and possible longer probation period. Still a misdemeanor.
• Second DWI, usually Class A: higher penalties, longer interlock requirements, and more intensive probation conditions.
• Third DWI, third-degree felony: potential prison range in years. Expect stricter pretrial supervision and a longer driver license suspension if convicted.
• DWI with child passenger: state jail felony. Penalty structure is different from prison terms, and collateral issues can include CPS questions and travel restrictions.
• Intoxication assault or manslaughter: felony ranges escalate sharply. These cases demand detailed accident reconstruction and medical causation analysis.

These numbers are not predictions. They show why pinning down whether your case is misdemeanor or felony in the first week matters for your job planning, insurance notifications, and license strategy.

Common misconception to correct right now

The most common misconception is that “DUI” is a universal adult term. In Texas, adults face DWI. When people ask “is DUI a felony,” they often mean “will my Texas DWI become a felony.” The answer turns on the triggers below, not the label on a search engine result. If you find “DUI felony Texas” language, translate it in your head to “DWI felony triggers” and check your paperwork for those exact phrases.

How the facts upgrade a Texas case from misdemeanor to felony

Felony exposure in Texas DWI cases comes from harm level, passenger status, and prior record. Here is how those facts interact:

• Harm level: allegations of serious bodily injury lead to intoxication assault. A fatality leads to intoxication manslaughter. The larger the claimed harm, the higher the felony range.
• Passenger status: a child passenger under 15 converts even a no-crash stop into a state jail felony. The focus is the age of the passenger, not the child’s relation to the driver.
• Prior record: two prior DWI convictions can elevate a new DWI to a third-degree felony. The dates and counties of the prior judgments matter.
• Other enhancements: prior felony intoxication offenses and certain collision facts can raise punishment ranges even if the title of the charge stays the same.

Texas DUI for minors penalties and how they differ from adult DWI

Because Texas DUI targets under-21 drivers, the penalties emphasize education and license consequences, not prison. Think alcohol awareness classes, community service, and suspensions measured in months. If the conduct rises to intoxication, prosecutors often file the case as DWI instead of DUI, which brings in adult-level penalties and possible felony triggers if there is injury, a child passenger, or a significant prior record. Parents in Houston often ask whether a minor DUI “drops off.” Background systems vary, so plan as if documentation will remain accessible for years. Proactive steps and a clean record going forward help.

Record, background checks, and discretion for busy professionals

Career-Focused-Executive: misdemeanor and felony distinctions matter to background checks. A felony finding can limit roles that involve fiduciary duties, safety-sensitive supervision, or travel visas. Even a misdemeanor can affect professional licensing and corporate travel clearance. The earlier you map the risk, the better your chances of timing HR disclosures and planning around court dates without harming your team’s deliverables.

Reputation and sensitive matters

High-Net-Worth-Client: felony-level allegations attract more public attention and more intensive pretrial conditions. If you manage a family office, a portfolio company, or public-facing philanthropic work, factor in media monitoring and PR counsel. A measured, fact-based approach keeps options open while you navigate both court and reputation concerns.

ALR and the criminal case: how the two tracks interact

Think of your situation as two tracks running at the same time. Track one is the criminal case in a Harris County criminal court or a nearby county court or district court. Track two is the ALR case with the Texas Department of Public Safety. Winning one track does not automatically win the other. However, testimony and evidence from the ALR hearing can influence the criminal case strategy, and vice versa. That is why requesting the hearing within the 15-day window is so important. It preserves your chance to cross-examine, obtain documents early, and potentially qualify for a temporary driving permit while the case is pending.

Evidence that often decides felony vs misdemeanor outcomes

In serious crash cases, whether a charge is filed as intoxication assault or manslaughter can hinge on accident reconstruction and medical records. Causation matters. The State has to tie intoxication to the injury or death, not just show you had alcohol in your system. In child passenger cases, the key disputes often involve the child’s age, seating, and whether the State can prove intoxication with reliable testing or observations. In third or subsequent DWI filings, the certified copies of prior judgments, dates, and case numbers become central.

What to watch for next in a Houston-area case

Here is a practical, non-legal-advice checklist to organize your next ten days:

• Verify the 15-day ALR deadline counted from the date on your Notice of Suspension. Use the Official DPS ALR hearing request portal and deadline.
• Identify the exact charge name on your complaint or information. Look for “DWI,” “DWI with child passenger,” “intoxication assault,” or “intoxication manslaughter.”
• Confirm whether you have any prior DWI convictions and locate the paperwork. Two prior convictions can convert a new case to a felony.
• Write down a factual timeline from the stop to release, including whether you consented to breath or blood testing and whether a warrant issued.
• Protect your work schedule by getting the first court date on your calendar. Expect a morning docket and plan for parking and security screening in downtown Houston or your county’s courthouse.
• Speak with a qualified Texas DWI lawyer about aligning the criminal case strategy with ALR, mitigation steps, and background-check planning.

Defenses and outcome paths without giving legal advice

Every case is different, but several defense themes recur in Houston-area DWI cases. Stop legality, field sobriety test reliability, breath or blood testing procedures, and causation in crash cases are common battlegrounds. Chain of custody and lab analysis issues can affect blood tests. In felony crash cases, accident reconstruction and medical causation analysis are critical. In third-offense filings, whether prior judgments are usable for enhancement can be contested. Mitigation steps such as early alcohol education, ignition interlock, and counseling can be considered. Some counties offer diversion or specialty court options for certain misdemeanor cases. Availability varies and is never guaranteed.

Frequently asked questions about is DUI a felony in Texas

Does an out-of-state DUI count as a felony in Texas

No. An out-of-state DUI does not automatically become a felony just because you are in Texas. If you are arrested here, Texas charges you under Texas law. However, prior out-of-state DUI convictions can sometimes be used to enhance a new Texas DWI if legal requirements are met.

Is a first DWI a felony in Houston, Texas

Usually not. A first DWI without injury, death, or a child passenger is generally a misdemeanor, even in Houston. It can still bring license issues, fines, probation conditions, and an ignition interlock requirement depending on the facts.

How fast do I need to act on my Texas driver license after a DWI arrest

Quickly. You generally have 15 days from the date you receive the Notice of Suspension to request an ALR hearing. Use the state’s official portal to submit your request and confirm deadlines.

When does a Texas DWI become a felony

Common triggers are intoxication assault, intoxication manslaughter, a child passenger under 15, or a third or subsequent DWI after two prior convictions. The charging documents should name the exact offense, which signals whether the State alleges a felony.

How long does a DWI stay on my record in Texas

Texas records are durable. A DWI can remain part of your history indefinitely unless a specific legal remedy applies. Even dismissed or reduced cases can leave traces in background databases, which is why early strategy and documentation matter.

Why acting early matters if you are solution-aware

By the time you search “is DUI a felony in Texas,” you are already solution-aware. The next advantage is speed. In the first two weeks, you can still protect the ALR hearing right, capture time-sensitive evidence like security camera footage, and map a plan around court dates and work travel. Early steps set the tone in both misdemeanor and felony pathways. If your charge includes any of the felony phrases on the checklist, organize counsel, documents, and scheduling even faster. A clear plan keeps your job and family life steadier while the case unfolds.

For a quick visual summary that explains the DUI vs DWI labeling and flags the biggest felony triggers, watch this short explainer. It keeps the language plain and ties directly to the checklist above.

Butler Law Firm - The Houston DWI Lawyer
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