Texas DWI Penalties: Is DWI a Felony in Texas?

Short answer: sometimes. A first or second DWI is usually a misdemeanor, but a DWI becomes a felony in Texas if it is your third or more DWI, if intoxication causes serious bodily injury or death, or if you drive while intoxicated with a child under 15 in the vehicle. The details of your record, the facts of the stop, and who was in the car decide where your case lands.

When does a Texas DWI become a felony?

If you were arrested in Houston after a long day on a jobsite and you are trying to figure out what this means for your family and paycheck, start here. In Texas, DWI moves from misdemeanor to felony when any of the following are true. For a quick overview that you can skim, see this primer on when a Texas DWI can become a felony and confirm the statute language in the Texas Penal Code Chapter 49—DWI and felony upgrades.

• Third or more DWI: A third DWI conviction is a third degree felony.
• Serious bodily injury: Causing serious bodily injury by reason of intoxication is intoxication assault, generally a third degree felony.
• Death: Causing death by reason of intoxication is intoxication manslaughter, a second degree felony.
• Child passenger: Driving while intoxicated with a passenger younger than 15 is a state jail felony.

Each upgrade depends on proof of intoxication and the specific facts. If you are a Houston construction manager or trades supervisor, a felony label can threaten your ability to drive to job sites, pass background checks, and keep insurance through your employer. Understanding these triggers quickly helps you plan your next moves.

Third DWI felony in Texas

What it is: A third or more DWI conviction is a third degree felony. Prior DWI convictions from Texas or other states can count. Courts look at final convictions, not just arrests.

Penalty range: 2 to 10 years in prison, up to a $10,000 fine, and a driver’s license suspension that can reach years after conviction. Community supervision is sometimes possible, but a felony still leaves a permanent record.

Career impact: For someone supervising crews across Harris County and nearby counties, a felony limits project mobility and may end safety-sensitive roles. Many employers run post-offer or annual checks. A felony DWI can affect access to refineries or sites that require TWIC or similar clearances.

Intoxication assault in Texas

What it is: Causing serious bodily injury to another by accident or mistake because of intoxication. This crime is called intoxication assault.

Penalty range: Generally a third degree felony with 2 to 10 years in prison and up to a $10,000 fine. Certain facts can increase the range, such as specific types of injuries or protected victims. See the statute in the Texas Penal Code Chapter 49—DWI and felony upgrades for the exact language.

Why it matters to you: Even if you think the crash was minor, law enforcement can reclassify the case if doctors later diagnose a serious injury. That means your case may start as a misdemeanor but become a felony later.

Intoxication manslaughter in Texas

What it is: Causing the death of another by accident or mistake because of intoxication. This is intoxication manslaughter.

Penalty range: A second degree felony with 2 to 20 years in prison and up to a $10,000 fine, plus a lengthy license suspension. Judges can order long community supervision in some situations, but prison exposure is significant.

Real-world note: Investigators often take months to finish a reconstruction. If you are out on bond, keep every court date and avoid new violations. Late-breaking reports often decide whether the case stays filed as manslaughter.

DWI with a child passenger

What it is: Driving while intoxicated with a passenger younger than 15 years old.

Penalty range: A state jail felony with 180 days to 2 years in a state jail facility and up to a $10,000 fine. Courts often require ignition interlock, parenting classes, and alcohol education as bond conditions.

Family impact: If you are the main driver for school drop off or weekend sports, a child passenger charge can trigger CPS contact and strict bond terms. Plan for transportation and childcare right away so your job does not suffer.

Felony DWI Texas penalties, license fallout, and typical timelines

Felony DWI is not just about prison numbers. It is a web of criminal penalties, license consequences, and day to day restrictions that can drain savings and time. If you are paying a mortgage in Houston and supporting a family, the hidden costs can hit as hard as the fine.

• Confinement: State jail, third degree, or second degree ranges apply depending on the charge. Even with community supervision, violation risks are high and court oversight can last years.
• Fines and fees: Up to $10,000 in fines, plus court costs, probation fees, alcohol education, evaluation, and ignition interlock costs. Insurance premiums often spike for several years.
• License suspension: Separately from the criminal case, you face an ALR civil suspension if you refused or failed a breath or blood test. Post conviction suspensions can stack additional time.
• Bond conditions: Ignition interlock devices, travel limits, alcohol testing, and no new law violations. For supervisors who need to visit multiple sites, plan routes and schedules around interlock use.
• Timeline: In Harris County, first settings may occur within a few weeks. Discovery often takes 30 to 90 days, accidents can take longer. ALR hearings can land 60 to 120 days out. Use this window to gather records and stabilize work logistics.

Houston example: a short, real-feel story

Miguel, a mid 30s Houston foreman, was stopped in northwest Harris County after a team dinner. He had two prior DWIs from years back. At booking he learned this arrest could be a felony. He worried most about his crew losing hours if he could not drive. Within a week he requested an ALR hearing, installed an ignition interlock as a bond condition, and started collecting payroll records and text messages that showed he was the designated driver most nights. His lawyer used those records to argue for a reasonable bond modification and to challenge a late blood draw in the criminal case. The case outcome will depend on the facts, but Miguel’s quick steps kept him employed, kept his crews moving, and gave the defense time to test the evidence.

Immediate next steps if you were arrested in Houston or nearby

Right now your goal is simple: protect your license, protect your record, and avoid avoidable mistakes. The most urgent clock is the ALR deadline. You generally have 15 days from the date you received the suspension notice to request a hearing. If you were arrested on December 5, 2025, that means you should request the hearing no later than December 20, 2025. When in doubt, file the request immediately. Read about Texas DPS ALR program and hearing deadlines and go deeper on how to preserve your driving privileges under ALR rules.

• Request the ALR hearing: Do this within 15 days. If you miss it, the suspension usually starts automatically. The hearing can also secure discovery that helps the criminal case.
• Map your work transportation: If you supervise crews or drive a company truck, plan a backup route or driver in case your license is suspended. Ask HR about ignition interlock policies for fleet vehicles.
• Collect evidence: Save dashcam, shop cameras, texts about drinking, receipts, timecards, and names of sober witnesses. This prevents memories from fading and documents your night.
• Note medical issues: GERD, diabetes, injuries, or prescription use can affect testing and field sobriety performance. Document diagnoses and medication lists.
• Get experienced help: Read why it matters to have counsel that focuses on this area. Here is a quick explainer on why an experienced Houston DWI lawyer matters.
• Use a checklist: For a short guide to move fast, see these practical steps to find DWI representation quickly.

In every Harris County case, you must manage two tracks. The civil ALR case that threatens your license and the criminal case that threatens your record. Treat both as serious. Missing a civil deadline can make the criminal defense harder.

Key definitions you will hear in court

• Intoxicated: Not having the normal use of mental or physical faculties because of alcohol, drugs, or a combination, or having an alcohol concentration of 0.08 or more.
• Serious bodily injury: Injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of a bodily member or organ.
• State jail felony: A felony level with 180 days to 2 years in a state jail facility. Different from prison, but still a felony conviction.
• Third degree felony: 2 to 10 years in prison, up to a $10,000 fine.
• Second degree felony: 2 to 20 years in prison, up to a $10,000 fine.

Knowing these definitions helps you understand charging decisions and plea offers. If you support a family and manage crews, clarity about these terms lowers the stress of each court setting.

Common misconceptions about Texas felony DWI, corrected

• Misconception: If nobody got hurt, it cannot be a felony. Correction: A third DWI or a child passenger can be a felony even with no crash.
• Misconception: A first DWI is always a misdemeanor. Correction: A first DWI can be a felony if a child under 15 was in the car, or if intoxication caused serious injury or death.
• Misconception: If I pass the roadside tests, the case is over. Correction: Officers weigh many factors and may still arrest. Breath or blood results, videos, and driving facts matter later.
• Misconception: If I refuse testing, there is no license consequence. Correction: Refusals often trigger longer ALR suspensions unless you win the hearing.

Defenses and decision points that often matter

Every case is different, and no article can predict an outcome. Still, these are common issues that shape results in Houston DWI and felony DWI cases.

• The stop: Was there a legal basis for the stop or the crash contact
• Field sobriety testing: Were instructions correct and conditions safe for testing on the roadside
• Breath or blood testing: Was the machine maintained, was the draw timely, was the lab certified, and was the chain of custody clean
• Crashes: In injury or death cases, do the reconstruction and toxicology connect intoxication to causation, or do speed, weather, or third party actions explain the result
• Videos and witnesses: Bodycams, dashcams, and store cameras can contradict reports. Neutral witnesses are powerful in front of juries.
• Mitigation: Treatment, counseling, interlock compliance, and steady employment records can influence bond terms and negotiations.

If you are the main earner in your household, start building a paper trail that shows reliability at work and at home. That record can help with bond decisions and with arguments for alternatives to confinement where allowed by law.

Licensed professionals and background checks

If you hold a license or credential, a felony DWI allegation triggers extra worries beyond jail time. Nurses, CDL drivers, teachers, and trades that pull permits often deal with board or employer reporting rules. A felony filing can also show up on pending background checks while the case is open.

Licensed professional caregiver: If you are a nurse or caregiver, ask about whether your board requires self reporting, whether an agreed temporary order is possible, and how to document treatment or compliance. Early ALR defense can limit driving downtime that might otherwise disrupt shift coverage for your patients.

Reputation, HR, and the executive angle

Status-conscious executive: If you manage clients or public roles, discretion matters. Ask counsel about strategies to minimize public court appearances, set tight bond conditions that prevent surprises, and plan who needs to know at work. Clear instructions for HR and a single point of contact preserve reputation while you handle the case.

Data and timelines for the solution minded reader

Solution-oriented professional: You want timelines and checkpoints. Typical first settings in Harris County arrive within 2 to 4 weeks. Discovery can take 30 to 90 days, longer in crash cases. ALR hearings often occur within 60 to 120 days. Use the first 30 days to request ALR, gather records, and schedule a video review session. Set reminders for lab result arrival and subpoena returns.

Costs and long term risk, put simply

Uninformed young driver: Even a first DWI can cost thousands in fines, fees, and insurance premium hikes over several years. A felony label increases those costs and can block jobs and apartments. The cheapest case is the one you prevent, and the second cheapest is the one you manage correctly from day one.

How the ALR process fits with your felony risk

The ALR case does not decide guilt or innocence in the criminal case. It decides whether your driver’s license is suspended because you refused or failed testing. But the ALR hearing can lock in officer testimony, expose timeline problems, and surface video that becomes vital if your DWI is alleged to be a felony. Read the official overview from DPS and then study a defense focused guide to how to preserve your driving privileges under ALR rules. If you want the government’s version of the process, the Texas DPS ALR program and hearing deadlines page explains forms, timelines, and how suspensions start.

Record and insurance impact

• Record: Convictions do not expire on their own in Texas. A felony DWI will live on criminal history checks. Some arrests can be sealed or non disclosed in specific circumstances, but felony convictions are not eligible for nondisclosure.
• Insurance: Many drivers see premium increases for 3 to 5 years. Some carriers drop coverage after a felony. Start planning now for how to keep a vehicle insured if your job depends on daily driving.
• Travel: Felony records can complicate travel to some countries. If you manage out of state projects, ask about travel permissions tied to bond conditions.

What to ask a DWI specialist in your first meeting

• Is my case a misdemeanor or felony today, and could it change
• What is my ALR deadline and how do we request the hearing
• What videos and records will you request in the first two weeks
• How do we challenge the stop, the tests, and the crash investigation
• What range of outcomes is realistic for my facts and history
• How do we protect my license, my work schedule, and my childcare duties during the case

These questions keep the focus on proof and on the practical steps that protect your paycheck and your family while the case moves.

FAQs about is DWI a felony in Texas

Is a first DWI a felony in Texas

Usually no. A first DWI is typically a misdemeanor. It can be a felony if a child under 15 was in the car, or if intoxication caused serious injury or death.

What are the penalties for a third DWI felony in Texas

A third DWI is a third degree felony with a range of 2 to 10 years in prison and up to a $10,000 fine, plus license suspension. Probation is sometimes possible, but the felony still remains on your record.

How fast do I need to request an ALR hearing after a Houston DWI arrest

You generally have 15 days from the date you received the suspension notice to request an ALR hearing. If your arrest date was December 5, 2025, submit the request no later than December 20, 2025, or as soon as possible to be safe.

Does a felony DWI in Texas mean I lose my license automatically

Not automatically. Your license can be suspended in the separate ALR civil case and again if you are convicted. Winning ALR can keep you driving while the criminal case proceeds, and you may qualify for an occupational license if suspended.

How long will a felony DWI stay on my record

Felony DWI convictions are permanent in Texas. Arrests can sometimes be sealed in limited situations, but felony convictions are not eligible for nondisclosure.

Why acting early matters in Harris County

For a blue collar provider or a supervisor with crews depending on you, the first two weeks after arrest decide a lot. That is when you request ALR, secure videos before they are overwritten, and set bond conditions that fit your work schedule. Clear steps now can protect your license, stabilize your job, and position your defense for the long run. If you want a deeper back and forth on common issues, consider this brief interactive Q&A for readers with felony‑DWI questions.

Watch the short explainer below. It walks through immediate steps after a Texas DWI arrest, including ALR deadlines, record gathering, and early defense moves that help lower the risk of a case escalating to a felony, especially helpful if you are a Houston crew leader worried about your job and license.

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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