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

Short answer: for adults in Texas, what most people call DUI is charged as DWI under the Penal Code, and a first-offense DWI is usually a Class B misdemeanor. It can be bumped up to a Class A misdemeanor if your reported blood alcohol concentration is 0.15 or higher, and certain facts make it a felony. The term DUI mainly applies to minors in Texas, so when you ask is DUI a misdemeanor in Texas, you are usually asking whether an adult first-time DWI is a misdemeanor, and the answer is yes in most cases.

If you were just arrested in Houston or a nearby county, you also face a separate civil license issue with a short clock. You generally have 15 days from the date of the notice to request an ALR hearing to fight a proposed suspension. Keep reading for a plain English breakdown of Texas DUI vs DWI, misdemeanor vs felony, likely penalties, and what to do right now to protect your license and job.

Quick overview: Texas uses DWI for adults, and most first offenses are misdemeanors

Texas law uses the term Driving While Intoxicated for adult drivers. The statute defines intoxication and classifies offenses across misdemeanor and felony levels. A first adult DWI without aggravating factors is most often a Class B misdemeanor with a possible fine and jail range, plus a potential driver’s license suspension. If your reported alcohol concentration is 0.15 or higher, that same first DWI is usually a Class A misdemeanor. Repeat offenses and injury cases can be felonies.

In everyday talking, people still say DUI. In Texas, DUI technically refers to Driving Under the Influence of Alcohol by a Minor, a different offense under the Alcoholic Beverage Code. That matters because penalties, record impact, and license rules differ. If you are a Houston tradesman worried about your next shift and your license, focus on whether the charge on your paperwork says DWI and what class it carries.

Key definitions: DWI vs DUI under Texas law

If you like to see the statute, review Texas Penal Code Chapter 49: DWI statutes and definitions. It covers DWI, intoxication assault, intoxication manslaughter, and related offenses. Here is how the language plays out in real life for Houston drivers.

• DWI, Penal Code 49.04: Operating a motor vehicle in a public place while intoxicated, which means not having normal use of mental or physical faculties due to alcohol or drugs, or having an alcohol concentration of 0.08 or more.
• DWI with 0.15 or more: Same offense, but enhanced to a Class A misdemeanor when the reported alcohol concentration is 0.15 or above.
• DWI with child passenger: Driving intoxicated with a passenger under 15 can be charged as a state jail felony.
• Intoxication assault or manslaughter: Injury or death cases tied to intoxication are felonies with higher ranges.
• DUI by a minor: Driving Under the Influence of Alcohol by a Minor is a separate offense for drivers under 21 who operate a vehicle with any detectable alcohol, governed by the Alcoholic Beverage Code. Penalties are different from adult DWI and often include alcohol education and license consequences.

For a deeper plain-language refresher on terms and first steps, see how Texas labels and treats DUI versus DWI in this blog explainer: how Texas labels and treats DUI versus DWI.

Houston note: In Harris County, most misdemeanor DWI cases are filed in the Harris County Criminal Courts at Law in downtown Houston. Felony DWI cases are filed in the Harris County Criminal District Courts. The law is statewide, but local court rules and timelines can affect your day-to-day obligations like bond conditions, ignition interlock orders, and hearing dates.

Is a first-offense DWI a misdemeanor in Texas?

Yes. For most adults, a first DWI in Texas starts as a Class B misdemeanor. The statutory range typically includes up to 180 days in county jail and up to a 2,000 dollar fine. Judges often allow probation on first offenses, which can include classes, community service, and sometimes an ignition interlock device. Your driver’s license is at risk through a separate civil process called Administrative License Revocation.

If your test result is 0.15 or higher, the first offense is usually charged as a Class A misdemeanor. A Class A carries up to one year in county jail and up to a 4,000 dollar fine. If an open container is alleged, Texas law sets a minimum jail term of six days upon conviction. Each of these outcomes depends on the evidence and the decisions made in your case, but the charge level you see on your paperwork sets the general range.

For a practical breakdown of what most people face on a first offense, including probation conditions and common court orders, see this resource that helps explain typical first-offense DWI penalties and outcomes.

Texas DUI vs DWI penalties and when charges become a felony

Understanding when a Texas DWI remains a misdemeanor and when it crosses into felony territory helps you plan your next steps and protect your job. Here are the common lines you should know:

• Class B misdemeanor DWI: First offense without 0.15 or higher enhancement. Up to 180 days in jail, up to 2,000 dollars in fines. Driver’s license suspension can range from 90 days to one year. A civil state fine may also apply at sentencing in addition to court fines.
• Class A misdemeanor DWI: First offense with 0.15 or higher enhancement, or a second DWI. Up to one year in jail, up to 4,000 dollars in fines. License suspension can be longer. Courts often order interlock as a bond or probation condition.
• Felony DWI triggers: Third or more DWI is typically a third-degree felony with 2 to 10 years in prison and up to a 10,000 dollar fine. DWI with a child passenger can be a state jail felony. Injury or death cases are higher-grade felonies with longer ranges.

For a consolidated penalty chart and felony thresholds, the following page provides an overview of Texas DWI penalties, fines, and jail ranges. You can also scan this related blog discussion of when DWI becomes a felony and likely penalties to see how class levels change with facts like prior convictions and child passengers.

What about the so-called super-fines and surcharges?

Texas eliminated old surcharge collections and replaced them with state fines that courts must assess at sentencing for certain DWI outcomes. For example, you can see a 3,000 dollar assessment on a first conviction, a 4,500 dollar assessment on a second within 36 months, and a 6,000 dollar assessment if the alcohol concentration is 0.15 or higher. These are in addition to regular court fines and fees. The result is that the total financial impact can be much higher than the base fine shown in the Penal Code.

Typical probation terms on a misdemeanor DWI in Texas

Many first-time Houston defendants receive probation if convicted. Terms vary by court, but they often include alcohol education, a victim impact panel, community service, drug and alcohol testing, and an ignition interlock device if ordered by the court. Missed appointments or new violations can lead to a motion to revoke or adjudicate. Keep everything organized. Save receipts and keep a simple calendar so your work schedule and court schedule do not collide.

License consequences and the 15-day ALR deadline

Your criminal case and your driver’s license are on separate tracks. The license track is called Administrative License Revocation. If you refused testing or tested at or above 0.08, the Department of Public Safety may try to suspend your license, even if your criminal case has not been resolved.

• Deadline: You generally have 15 days from the date you receive the notice of suspension to request a hearing. Miss it and the suspension can start automatically.
• Hearing: If you request a hearing on time, an administrative judge will decide whether DPS proved its case to suspend you. The hearing can be in person or by phone or video. Winning the hearing prevents that specific civil suspension. Losing can still allow you to seek an occupational license in many situations.
• Occupational license: Many Houston drivers who face a suspension can apply for limited driving privileges to get to work, school, or essential household duties. Courts may order interlock and other conditions.

For official details and to submit a request, use the Texas DPS ALR hearing portal and deadline information. Timely action preserves your options and can reduce the hit to your paycheck.

Micro-story: a Houston tradesman’s morning after

You are a mid-30s electrician in Houston. After a long job that wrapped up late, you were stopped near the 610 loop. You were polite, but you are worried. Your paperwork says DWI, and you are asking is DUI a misdemeanor in Texas because your boss runs background checks for company projects. You only had one prior ticket years ago. You fear losing your license and your next overtime week.

Here is how it can play out. If this is your first DWI, it is likely filed as a Class B misdemeanor. You request an ALR hearing within 15 days to fight any automatic suspension and look at occupational license options in case you need them. You keep your paperwork, clean up your social media, gather your pay stubs and your work schedule, and write down what you remember from the stop while it is fresh. You do not discuss details with co-workers. You schedule time to talk with a qualified Texas DWI lawyer about evidence, video, body cams, and calibration records. This calm, early approach keeps you working and avoids quick mistakes.

Common misconception to fix right now

Misconception: First offense means no license problems. Reality: The ALR process is separate from the criminal case. If you do not request the hearing within 15 days, your license can be suspended even if the criminal case is later reduced or dismissed. Also, many first DWIs come with interlock or testing conditions as part of bond or probation. Knowing the two-track system is half the battle.

Immediate checklist to protect your license and job

• Mark the 15-day ALR deadline. Use a calendar reminder and submit your request through DPS.
• Collect documents. Save your temporary driving permit, tow receipt, bond paperwork, and any court settings. Take photos of any medications or medical conditions relevant to your balance or speech.
• Write your memory of events. Note timelines, what you ate, who you were with, and any roadside or breath test steps. Short bullet notes help later.
• Keep work stable. Arrive early. Speak carefully. You do not have to explain details of your case to co-workers or supervisors. If HR asks, be honest and brief about court dates and any scheduling needs.
• Plan transportation. If interlock or no-alcohol conditions are likely, map your commute. Decide now whether you need rides for court dates or probation visits if that becomes part of your case.
• Talk with a qualified Texas DWI lawyer. Ask about body-cam footage, breath or blood testing records, traffic stop basis, and ALR strategy. Focus on facts, not fear.

If you want a quick way to ask follow-up questions in plain language, you can use this butler-branded Q&A tool for readers with follow-up questions.

How this affects background checks, insurance, and professional life

A misdemeanor DWI in Texas can show on criminal background checks and motor vehicle records. Many employers in construction, energy services, healthcare, and transportation run routine checks. Insurance companies often raise premiums after a DWI arrest or conviction, not just after a ticket. For professionals who need to drive to job sites around Harris County or operate heavy equipment, keeping your license and managing bond conditions are key to keeping income stable.

Some first-time DWI cases may qualify for deferred adjudication in Texas, which can lead to an order of nondisclosure if you meet strict requirements and wait the required period. Nondisclosure is not guaranteed and comes with exceptions. Government agencies and certain licensing boards may still see sealed records. Ask targeted questions about your eligibility before you rely on this path.

Notes for different reader types

Analytical Planner: You want statute language and process steps. Start with Penal Code Chapter 49 for offense levels. Compare the complaint you received to the class listed above. Note the ALR 15-day administrative deadline and the criminal arraignment date. Build a file with copies of any discovery like body-cam video or breath-test maintenance logs and track every court setting.

Career-Focused Executive: Discretion matters. Limit public discussion of your case. Review company policies on arrests, not just convictions, and check whether any travel or client-site rules require notice. Ask about options that reduce public exposure such as early review of video, targeted motions, and whether a nondisclosure might be available down the road if certain outcomes occur.

Skilled Professional Nurse: Boards may require self-reporting after certain outcomes. Keep a timeline of your case and document all court and treatment obligations. If you face ALR suspension, plan shifts accordingly. Consider how an interlock requirement or alcohol testing could affect scheduling and make a plan to stay compliant.

Unaware Weekend-Goer: The real costs are not only fines. Expect time off work for court, higher insurance, possible interlock fees, and the risk of a license suspension if you miss ALR deadlines. One quick decision can ripple through months of your budget and calendar. Take the deadlines seriously.

Decisive VIP: Specialization can help streamline next steps. Ask pointed questions about local Harris County procedures, ALR track record, and how to secure body-cam and blood-test data quickly. Request a written plan for the first 30 and 60 days, including license strategy and any interlock logistics.

Houston and Harris County realities

Every Texas county follows the Penal Code, but local practice affects your day-to-day. In Harris County, many first court settings are quick, and bond conditions often include no alcohol, random testing, or ignition interlock if the charge is enhanced or if the judge believes it is needed. Courts expect you to attend on time. If you work in the trades, tell your lawyer your job-site hours so court dates can be coordinated when possible. If you live in a nearby county but were arrested in Houston, your case will still be in Harris County courts unless a legal reason changes venue.

Defenses and decision points

Texas DWI cases turn on details. The stop must have a lawful reason. Instructions on field sobriety tests matter. Medical issues, fatigue, and even work boots on uneven ground can affect balance tests. Breath-test machines have maintenance and calibration records. Blood tests must follow strict collection and handling rules. Video can confirm or contradict written reports. None of this guarantees a result, but it gives you a roadmap for a disciplined defense review.

• Traffic stop basis: Was there a specific, articulable reason for the stop or the checkpoint?
• Field tests: Were they properly explained and conducted on a safe, dry, level surface? Did the officer note footwear or injuries?
• Breath or blood testing: Are there documented maintenance, operator certification, and chain-of-custody records? Any delays or temperature issues?
• Video evidence: Body-cam and dash-cam often tell a fuller story about speech, balance, and instructions. Request and review early.
• Alternative explanations: Fatigue, medical conditions, and environmental factors can impact observations and test results.

In some Texas counties, including Harris County, certain first-time defendants may be considered for diversion or treatment-focused options if they qualify. Eligibility rules change, and programs can be limited. Weigh the pros and cons carefully, including the record implications and any interlock or treatment commitments.

What to expect next on a misdemeanor DWI in Texas

1. Booking and release: After an arrest, you are booked and may post bond or be released on personal recognizance. You receive paperwork with a first court date.
2. ALR timeline: The 15-day clock to request a hearing starts when you receive the notice. If you request on time, a hearing will be set and DPS must prove certain elements to suspend your license.
3. Arraignment and settings: Your first criminal court setting is often brief. Later settings may involve discovery, motions, and plea negotiations. Trials in misdemeanor courts can be to a judge or a jury.
4. Potential resolution: Dismissal, reduction, plea, deferred adjudication where available, or trial. Each path has different record and license implications.
5. Aftermath: If convicted or if you accept deferred adjudication, expect to complete court-ordered terms. Keep proof of completion. Ask whether any nondisclosure options may apply after the waiting period.

Frequently asked questions about is DUI a misdemeanor in Texas

Is a first DWI a misdemeanor or a felony in Houston, Texas?

Most first DWIs for adults are misdemeanors. A standard first DWI is Class B, but it can be charged as Class A if the reported alcohol concentration is 0.15 or higher. Felony levels kick in for a third DWI, DWI with a child passenger, or cases with serious injury or death.

What is the difference between DWI and DUI in Texas?

Texas uses DWI for adults under the Penal Code and reserves DUI for minors under the Alcoholic Beverage Code. If your citation or complaint says DWI and you are over 21, you are dealing with the DWI statute and its misdemeanor or felony ranges.

How long does a misdemeanor DWI stay on my record in Texas?

A DWI arrest and conviction can remain on your criminal record indefinitely unless a legal remedy applies. Some first-time outcomes may be eligible for nondisclosure after a waiting period if strict conditions are met, but agencies and boards may still see sealed records. Ask about your specific eligibility before assuming you can seal anything.

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

You face a civil ALR suspension that runs on its own schedule. You generally have 15 days to request a hearing. If a suspension is imposed, you may qualify for an occupational license to drive for work, school, and necessary household duties.

Can a misdemeanor DWI affect my job or professional license?

Yes. Many employers run background checks and motor vehicle records. Healthcare, transportation, and safety-sensitive roles often have strict rules. Plan early for court dates, potential interlock requirements, and any reporting obligations to a licensing board.

Why acting early matters for Houston drivers

Early action protects your license and can improve your case options. The ALR request window is short. Video and testing records are easier to obtain and review before they go stale. A calm, organized approach lets you keep working and keep your family routine steady while your case moves forward. If you are still asking is DUI a misdemeanor in Texas, remember that adult cases are charged as DWI, and the class listed on the charge drives the penalty range and strategy.

For more detail on class levels, read the statute itself: the Texas Penal Code Chapter 49: DWI statutes and definitions sets the framework that Harris County courts apply every day.

Below is a short explainer video that walks through the difference between DUI and DWI in Texas, when a first offense is a misdemeanor, and when it can turn into a felony. It is a quick watch if you are a Practical Worried Driver who learns best by seeing and hearing the steps.

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