Texas DWI Charges Explained: Is DWI a Felony in Texas Courts?

Yes. A Texas DWI can be charged as a felony when certain facts are present, most commonly a third or subsequent DWI, a DWI with a child passenger under 15, a crash that causes serious bodily injury called intoxication assault, or a fatal crash called intoxication manslaughter. This is the quick answer many Houston drivers need in the first hours after an arrest, and it is the starting point for understanding felony vs misdemeanor DWI in Texas. For a fast primer you can scan in minutes, see this clear explanation of when a DWI becomes a felony.

If you are a mid-30s Houston provider worried about your job, license, and family stability, here is the bottom line. Most first DWIs are misdemeanors. They become felonies when repeat-offense or injury facts are in the case, or when a child was in the vehicle. Keep reading for simple examples, plain-English penalties, and a short checklist of next steps, including the 15-day license deadline.

Felony vs misdemeanor DWI in Texas, the quick framework

Texas law separates DWI into two broad groups. Misdemeanor DWI covers most first and second offenses without injury. Felony DWI covers repeat DWIs, child passenger cases, and serious-injury or fatal crashes. If you are wondering about felony vs misdemeanor DWI in Texas, think of it like this: the charge level depends on what happened, who was in the car, and what your record shows.

• Misdemeanor DWI: Usually a first or second DWI with no serious injury. Class B for most first offenses, Class A if the reported blood alcohol concentration is 0.15 or higher. Still serious, but not a felony.
• Felony DWI: Third DWI or more, DWI with a child passenger under 15, intoxication assault for serious bodily injury, or intoxication manslaughter for a death in the crash. These are prosecuted in district courts and carry prison exposure.

Legally, the rules live in Texas statutes. For a noncommercial, official reference, see the Texas Penal Code chapter on intoxication offenses (DWI rules).

Everyday Worried Provider: You may be asking, will this cost me my license and put my job at risk. The charge level directly affects your driver’s license, background checks, and the pressure you feel at home. The earlier you understand which bucket your case falls into, the better decisions you can make this week.

When DWI becomes a felony in Texas: named scenarios you can recognize fast

Below are the most common ways a DWI in Houston turns into a felony, with realistic penalty ranges and what they mean for work and family life. If you want a deeper educational read alongside this section, this blog covers a detailed breakdown of felony DWI scenarios and penalties.

Repeat DWI offenses in Texas, third or more

If you have two prior DWI convictions from Texas or another state, a new DWI is typically charged as a third-degree felony. The statutory range is two to ten years in prison and up to a 10,000 dollar fine, with possible community supervision in some cases. A felony record changes background checks, professional licensing, and firearm rights, and it moves your case from a county criminal court to a district court in Harris County.

What this feels like in real life: A Houston technician with two old out-of-state DWIs gets stopped on 290. The officer notes an odor of alcohol, fields, and a blood draw. The new case is filed as a felony because of the two prior convictions, even if there was no crash. The employer’s HR system flags the arrest, and the technician worries about shift coverage and a commercial credential. That panic is normal, and it is exactly why understanding the charge level early matters.

DWI with child passenger in Texas

Driving while intoxicated with a child under 15 in the vehicle is a state jail felony. The range is 180 days to 2 years in a state jail facility and up to a 10,000 dollar fine. Cases sometimes come with Child Protective Services involvement if the child is your own. Even on a first offense, this charge is a felony because of the child passenger, not because of your record.

Intoxication assault, serious bodily injury

If a DWI crash causes serious bodily injury to someone, the charge is usually intoxication assault, a third-degree felony with a range of two to ten years and up to a 10,000 dollar fine. If the injured person is a peace officer, judge, firefighter, or emergency medical worker who was on duty, penalties can increase. Beyond the numbers, these cases require fast evidence work on crash reconstruction, medical records, and causation, because the law requires proof that intoxication caused the injury, not just that a driver had alcohol in their system.

Intoxication manslaughter, fatal crash

When a person dies in a crash and intoxication is alleged to be a cause, the charge is intoxication manslaughter, a second-degree felony with a range of two to twenty years and up to a 10,000 dollar fine. Families on both sides are impacted, and the cases often involve specialized investigators. If you are reading this after a serious crash in Houston, take one step at a time and get clarity on what the state can actually prove.

Are DWI a felony in Texas if your BAC is high

A high breath or blood test result of 0.15 or higher usually raises the misdemeanor class to Class A and increases potential jail time, but it does not by itself make the case a felony. Felony status comes from repeat offenses, injury, or a child passenger. High BAC can still drive harsher conditions like ignition interlock and alcohol monitoring.

Legal notes for the Analytical Planner

Analytical Planner: The felony triggers above track the Penal Code. The child passenger statute is section 49.045. Intoxication assault and manslaughter are sections 49.07 and 49.08. Repeat-felony exposure starts with a third conviction on section 49.04. If you like to read primary law before deciding on counsel, the best starting place is still the Texas Penal Code chapter on intoxication offenses (DWI rules).

Misdemeanor DWI in Texas: what stays out of felony territory

Most first-time DWIs in Texas are Class B misdemeanors punishable by up to 180 days in jail, a fine up to 2,000 dollars, a driver’s license suspension, and probation conditions like classes and community service. If the BAC is 0.15 or higher, the case is Class A with a maximum of one year in jail and up to a 4,000 dollar fine. An open container can increase the minimum jail time on a first offense. These are still serious, but they are not felonies.

Remember, misdemeanor does not mean it is just a ticket. Employers often see the arrest and case events in background checks long before any final result. For many Houston readers, keeping a job and car insurance stable through the court process is the immediate goal.

Penalties you can expect in Houston Texas felony drunk driving cases

Felony DWI penalties in Texas reach beyond the sentence range. Expect mandatory ignition interlock as a condition of bond or probation, alcohol evaluations, potential treatment recommendations, and strict travel permissions while on bond or supervision. For a focused list that you can compare to your paperwork, see this page on detailed penalties and likely sentences for DWI offenses.

• Third-degree felony DWI or intoxication assault: 2 to 10 years in prison, up to 10,000 dollars in fines, license suspension that can reach 2 years with surcharges or reinstatement fees, and possible community supervision with intensive conditions.
• State jail felony DWI with child passenger: 180 days to 2 years in a state jail facility and up to a 10,000 dollar fine. Probation is sometimes possible, but conditions are strict and can include parenting classes and CPS follow up.
• Second-degree intoxication manslaughter: 2 to 20 years in prison and up to a 10,000 dollar fine. Restitution and community impact conditions are common if probation is allowed.

Probation conditions can include ignition interlock, abstinence monitoring, curfews, community service, victim impact panels, and alcohol or drug treatment. For many providers, the day-to-day impact of these conditions is as stressful as the jail numbers. Planning for transportation, child care, and work scheduling early will help.

How your Texas driver’s license is affected, and the 15-day ALR clock

After a DWI arrest, a separate civil process called Administrative License Revocation, or ALR, can suspend your Texas license because of a breath or blood test failure or refusal. You have 15 days from the date you received the suspension notice to request a hearing. If you do not request it on time, the suspension begins automatically. For the statute itself, see the Texas Transportation Code on ALR (license suspension rules).

• Test failure generally carries a 90-day suspension for a first ALR, longer if there are prior alcohol-related contacts.
• Test refusal generally carries a 180-day suspension for a first ALR, and up to 2 years with certain priors.
• Occupational license options may exist to drive for work and essentials during a suspension, subject to court orders and insurance.

Career-Focused Executive: Discretion matters. ALR hearings and court settings are public, but counsel can often handle many appearances without you present, limit who is notified, and keep sensitive records off general distribution lists when the rules allow. This helps protect your position while the case is pending.

What happens after a Houston DWI arrest, step by step

Here is a simple timeline so you know what to expect in Harris County and nearby counties. Dates vary, but the order is fairly consistent.

1. Arrest, release, and paperwork: You receive bond conditions like ignition interlock if required, a temporary driving permit if your license was taken, and notice of the ALR deadline.
2. Case filing: Misdemeanor DWIs usually file in the Harris County Criminal Courts at Law. Felony DWIs file in a Harris County district court. Neighboring counties follow similar structures.
3. First settings: A few weeks after arrest, you will see an initial appearance where discovery and bond conditions are reviewed.
4. Discovery and investigation: Dash and body camera video, breath room video, blood draw paperwork, and lab results are requested. Subpoenas for 911 audio and medical records may follow.
5. Motion and negotiation: Legal challenges to the stop, arrest, testing, and causation in crash cases are filed as needed. Settlement options or trial planning move in parallel.
6. Resolution: Dismissal, reduction, plea, or trial. Each path has different license and record consequences that should be weighed before you decide.

High-Net-Worth Concerned: You may be asking whether felony exposure can be contained and removed from public view. Texas allows expunction only in narrow situations like dismissals or not guilty results, and nondisclosure orders are limited. Many felony DWI convictions cannot be sealed. The best way to protect your privacy is to address risk early, preserve favorable evidence, and understand the narrow sealing rules before making any decision.

Common defenses and leverage points in Texas DWI cases

You do not need a law degree to understand where DWI cases often turn. These checkpoints help you spot issues that matter to a prosecutor, judge, or jury.

• The stop: Was there a valid reason to stop or approach your car. No lane violation, a weak anonymous tip, or a misread equipment issue can change the foundation of the case.
• Field sobriety tests: Roadside tests are sensitive to fatigue, shoes, injuries, roadway slope, and instructions. Video often tells a fuller story.
• Breath testing: Machine maintenance, operator certification, and observation periods are all test points. Burps, acid reflux, or residue can affect readings.
• Blood testing: Chain of custody, preservative issues, fermentation, and hospital draws can raise scientific challenges. Rising BAC arguments sometimes explain why a later test looks worse than your actual driving level.
• Causation in crash cases: For intoxication assault or manslaughter, the state must prove intoxication caused the injury or death. Speeding by another driver, sudden obstructions, or vehicle defects can break that link.
• Technology and witnesses: Doorbell cameras, ride-share logs, bar receipts, and prescription timelines can all support a clearer picture. Ask family and friends to write down what they saw as soon as possible.

Everyday Worried Provider: You may feel like the paperwork decides everything. It does not. Many cases turn on video review and the details of the test process. Preserving those pieces quickly, and not oversharing on social media, protects your options.

Practical next steps you can do this week

• Mark the ALR deadline: You generally have 15 days from the suspension notice to request an ALR hearing. Set a reminder on your phone today.
• Preserve evidence: Save towing and repair paperwork, take photos of any injuries or vehicle damage, and write a short timeline of your day. Ask a passenger or friend to do the same.
• Know your court: Use the Harris County clerk’s online tools to confirm your next date and the court number. Do not miss appearances unless you have documented permission.
• Interlock and testing: If your bond requires ignition interlock or alcohol monitoring, schedule installation quickly so you stay in compliance.
• Get informed help: A qualified Texas DWI lawyer can request your videos, challenge the ALR suspension, and explain collateral issues like immigration or professional licensing. If you want a quick overview of attorney roles without pressure, this post shows how a Houston DWI lawyer can protect your rights.

If you want a conversational walk through common felony questions before a consultation, this is an interactive Q&A resource for common felony‑DWI questions.

A quick micro-story that may sound like your week

On a Friday night in northwest Houston, a sales manager drives home after a client dinner. He feels fine but gets stopped for speeding two exits from home. The officer says his eyes look glassy. He does field tests on a sloped shoulder and later a blood draw at a hospital. He has one prior DWI from eight years ago. He spends the weekend checking his work calendar, wondering whether this will be a felony, and how he is supposed to drive his kids on Monday. In his case, the new arrest is a misdemeanor because it is a second offense with no injury and no child in the car. The fear was real, but the charge level mattered. Once he understood the difference, he could plan the ALR hearing and decide how to handle bond conditions without losing his job.

Record impact, sealing, and what can be fixed later

Arrests, even without convictions, can appear in background searches. Expunction can clear an arrest in narrow situations like dismissals or not guilty verdicts, and a nondisclosure order can hide certain first-offense misdemeanor DWIs from most public view after waiting periods. Felony DWI convictions generally cannot be sealed. This is why it is smart to focus on what the state can prove and to avoid quick decisions based only on short-term stress.

Casual Unaware: A DWI is not just an expensive ticket. It moves through criminal and civil systems, affects insurance and travel, and can limit professional licenses. Seeing it as a one-night mistake underestimates the long-term cost.

Frequently asked questions about felony vs misdemeanor DWI in Texas

Is a first DWI a felony in Texas

Usually no. A first DWI without injury is typically a misdemeanor in Texas, Class B or Class A if the BAC is 0.15 or higher. It becomes a felony only if a child under 15 was in the car or if the crash caused serious injury or death.

What turns a Texas DWI into a felony

Felony triggers include a third or subsequent DWI conviction, DWI with a child passenger under 15, intoxication assault for serious bodily injury, and intoxication manslaughter for a fatal crash. High BAC alone raises the misdemeanor level but does not make it a felony. These rules are set out in the Penal Code sections for intoxication offenses.

How long does a DWI stay on my record in Texas

Unless a case is dismissed and expunged or a qualifying first misdemeanor is sealed under a nondisclosure order, a DWI can remain on your record indefinitely. Employers and licensing boards may see pending cases and convictions. Felony DWI convictions usually cannot be sealed.

Will I lose my Texas license after a DWI arrest in Houston

It depends on the ALR process. You generally have 15 days from the notice to request a hearing. A failure can mean a 90-day suspension for a first ALR, and a refusal typically brings a 180-day suspension, with longer periods for prior alcohol contacts.

Are DWI a felony in Texas if there is an open container

An open container can increase minimum jail time and affect bond or probation, but it does not automatically make a DWI a felony. Felony status hinges on repeat convictions, a child passenger, or a crash with serious injury or death.

Why acting early matters in Houston DWI cases

This is our clear stance after handling many Houston Texas felony drunk driving cases. Early, informed action is the single best way to protect your license, your job, and your family routine. The 15-day ALR window is short. Video and electronic records are easier to preserve in the first week. Decisions you make about travel, social media, and treatment can change both courtroom results and how your life runs while the case is pending. If you take one step today, make sure you know your charge level, your next court date, and your ALR deadline.

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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