What DUI Is a Felony in Texas? Serious Drunk Driving Under Texas Law

In Texas, a DWI becomes a felony when the facts include two or more prior DWI-type convictions, serious injury or death, a child passenger under 15, or certain protected-zone or protected-victim circumstances, and a recent change also makes DWI in an active school crossing zone a state jail felony. Put simply, first-time adult DWIs are usually misdemeanors, but specific triggers turn them into felonies with prison-range penalties and lasting consequences under Chapter 49 of the Texas Penal Code.

If you are reading this in Houston after a stop or arrest, here is the bottom line in plain English. Most first DWIs stay misdemeanor, even with a high alcohol concentration. But repeat offenses, crashes causing serious injury, or having a child in the vehicle can upgrade your case to a felony quickly. The sections below walk through the exact triggers, examples, penalty ranges, and immediate steps to protect your license and your future.

Start with terms: DUI vs DWI in Texas

Texans often search for “DUI,” but adults face the offense called DWI under Penal Code 49.04. “DUI” in Texas usually refers to a separate law for drivers under 21 that focuses on any detectable alcohol. If you are an adult in Harris County, your charging document almost certainly says DWI. For a quick side-by-side explainer, see how DUI and DWI differ in felony risk.

Quick answer for anxious readers: the main felony DWI triggers

If you need the short version first, these are the common ways a DWI becomes a felony in Texas. Each one can apply in Houston, Harris County, and nearby counties.

• Third or subsequent DWI. Two prior convictions for any Texas intoxication offense involving a vehicle, or qualifying out-of-state equivalents, make the new DWI a third-degree felony.
• DWI with a child passenger under 15. This is a state jail felony even if it is your first-ever arrest.
• Intoxication assault. Serious bodily injury caused by reason of intoxication is a felony, usually third degree, with statutory upgrades when the injured person is a first responder or if injuries are especially severe.
• Intoxication manslaughter. A death caused by reason of intoxication is at least a second-degree felony, with possible first-degree enhancements in protected-victim scenarios.
• New 2025 rule: DWI in a school crossing zone. As of September 1, 2025, driving while intoxicated in an active school crossing zone is a state jail felony.

For a fuller walkthrough of how these rules apply in real cases, see this primer on Which DWI facts turn charges into a felony, then keep reading for the specific statute citations and Houston-focused examples.

The statutes that control what DUI is a felony in Texas

Texas organizes intoxication offenses in one place, Chapter 49 of the Penal Code. When you want to verify what escalates a misdemeanor to a felony, this is the best neutral source. Review Texas Penal Code Chapter 49 (DWI statutes and definitions) and focus on the sections named below.

• Section 49.04, Driving While Intoxicated. Sets the basic offense. A very high alcohol concentration of 0.15 or more upgrades it to a Class A misdemeanor, not a felony. New Subsection 49.04(e) makes DWI in a school crossing zone a state jail felony effective September 1, 2025.
• Section 49.045, DWI with child passenger. Makes driving intoxicated with a passenger under 15 a state jail felony.
• Section 49.07, Intoxication assault. Serious bodily injury by reason of intoxication is a felony, usually third degree, with upgrades for protected victims and certain injury types under 49.09.
• Section 49.08, Intoxication manslaughter. Death caused by reason of intoxication is a second-degree felony, again with possible enhancements in protected-victim or multiple-victim scenarios under 49.09.
• Section 49.09, Enhanced offenses and penalties. Converts a new DWI into a third-degree felony when you have qualifying prior convictions, including two prior DWIs or one prior intoxication manslaughter.

For an even more practical overview with penalty snapshots, the firm’s Blogger guide breaks down which facts upgrade a Texas DWI to a felony.

Examples that match real Houston scenarios

You do not need legalese to see how this plays out in daily life around Harris County.

• Third offense DWI in Texas. Two prior intoxication convictions from any time in your history can make a new arrest a third-degree felony. This is true even if those priors were in other Texas counties or another state with substantially similar laws.
• DWI with a child passenger. Driving home on 290 with your 10-year-old child or niece in the back seat while impaired brings a state jail felony charge, even if you have a clean record and no crash happened.
• Serious injury crash on I-45. If DPS or HPD alleges your intoxication caused serious bodily injury, prosecutors can file intoxication assault, a felony with higher potential time and stricter bond conditions.
• New protected zone example. A pickup rolling through an active school crossing zone near dismissal time while intoxicated now fits a state jail felony under 49.04(e). That change took effect September 1, 2025 and applies statewide.

Analytical Strategist (Ryan/Daniel): If you like exact cites, see 49.04(d) for the 0.15 Class A upgrade, 49.04(e) for school crossing zones, 49.045 for child passenger, 49.07 for intoxication assault, 49.08 for manslaughter, and 49.09 for repeat-offense and protected-victim enhancements. This is where courts and counsel start their analysis.

Penalties and consequences when DWI becomes a felony

Felony classifications matter because they set punishment ranges and collateral effects that go far beyond court fines. Houston felony DWIs are prosecuted in district courts and typically require more court appearances, stricter bond terms, and more intensive supervision if convicted.

Felony scenario	Typical classification	Statutory prison range	Max fine
DWI with child passenger under 15	State jail felony	180 days to 2 years in a state jail facility	Up to $10,000
Third or subsequent DWI	Third-degree felony	2 to 10 years in prison	Up to $10,000
Intoxication assault	Usually third-degree felony, may enhance	2 to 10 years in prison	Up to $10,000
Intoxication manslaughter	Second-degree felony, may enhance	2 to 20 years in prison	Up to $10,000
DWI in an active school crossing zone	State jail felony	180 days to 2 years in a state jail facility	Up to $10,000

There are also license and life-impact consequences. A criminal conviction for certain felony DWIs can trigger court-ordered license suspensions from 180 days up to 2 years under the Transportation Code. Background checks by employers and professional boards will reflect a felony conviction. Some rights and opportunities can be limited by a felony record. Every situation is fact specific, so discuss your exposure with a qualified Texas DWI lawyer who can apply the statutes to your exact facts.

Common misconception to clear up

Myth: Any high breath or blood test automatically makes a DWI a felony. Reality: A 0.15 or higher alcohol concentration usually upgrades a first-time DWI to a Class A misdemeanor, which carries tougher penalties than Class B, but it is not a felony by itself. Felony status comes from priors, a child passenger, serious injury, death, protected zones, or protected victims as outlined in Chapter 49.

What to expect in Houston felony drunk driving cases

Here is a simple overview so the process feels less overwhelming.

• Arrest and booking. After roadside testing, you go to a local jail or the Joint Processing Center. If blood was drawn, your case may be filed once results return.
• Charge decision. Felony filings go to Harris County district courts. A grand jury will review felony allegations. The indictment stage can take weeks depending on lab results and crash reports.
• Bond terms. Felony DWI bonds often include ignition interlock, alcohol monitoring, and travel limits. Violations can lead to bond revocation.
• Discovery and hearings. Your lawyer can challenge the stop, tests, accident reconstruction, and causation. Settings may be in person or virtual, and schedules differ by court.

High‑stakes Executive (Sophia/Jason): Expect more scrutiny and media interest after serious crashes. Records from criminal courts are public by default. Some relief tools exist, but record-sealing options are limited after intoxication convictions. Early mitigation and privacy planning can reduce unnecessary exposure.

License warning: short ALR deadlines most people miss

Separate from the criminal case, Texas runs the Administrative License Revocation process through DPS and the State Office of Administrative Hearings. You usually have 15 days from when an officer serves the suspension notice at or after arrest to request a hearing. If you consented to a blood test and DPS mails the notice later, that mailed notice gives you 20 days to request a hearing. If no request is on file by the deadline, the suspension typically starts on the 40th day after notice.

For official details and to see the timeline in writing, use the DPS resource titled Texas DPS ALR overview and hearing timeline. Adult ALR suspensions for a test failure are commonly 90 days for a first event and 1 year if there was a prior within ten years. Refusals are commonly 180 days for a first event and 2 years with certain priors. These run independently from any criminal-case suspension.

Wealth/Privacy Concern (Marcus): ALR hearings can be set by phone or video, and counsel can often appear without you. That helps protect privacy while still preserving evidence through subpoenas and officer testimony.

Micro‑story: Mike’s night and what changed his risk

Mike, a mid‑career Houston construction manager, left a project dinner off Washington Avenue. He felt fine, but a rolling stop and a wide turn drew attention. His 13‑year‑old nephew was in the back seat playing a game. Mike believed a first DWI is always a misdemeanor. The stop led to field tests, then an arrest.

Because a passenger under 15 was in the vehicle, the charge became DWI with a child passenger, a state jail felony. Bail conditions were stricter than he expected. The ALR clock started with a 15‑day window to request a hearing. Mike’s case shows how a single fact, a child in the car, can shift everything from job risk to travel limits in one night.

Defenses and pressure points in felony DWI cases

No two Houston cases are the same. Common defense issues include:

• Reason for the stop. If the stop was not lawful, key evidence can be suppressed.
• Operation and causation. In assault or manslaughter charges, the state must link alleged intoxication to the injury or death, not just show a crash happened.
• Testing and timelines. Breath machine maintenance, blood draw protocols, chain of custody, and lab analysis methods are all review points.
• Alternative causes. Fatigue, medical conditions, or post‑crash factors may explain observed signs.
• Child‑passenger element. The state must prove the passenger’s age under 15 and that you were operating in a public place.

Carefree Younger Driver (Tyler): A routine stop can escalate fast. If a younger sibling or neighbor is in your car, or if someone gets hurt, you may face a felony with years of exposure. Rideshare or a sober driver costs less than one court date.

Houston‑specific notes on repeat offenses

Harris County takes repeat intoxication cases seriously. If you have two prior qualifying convictions, a new arrest can be filed as a third-degree felony with a 2 to 10 year prison range. Bond conditions often include interlock and alcohol monitoring, and courts may require evaluation and treatment during the case. For a deeper look at escalating penalties and what counts as a prior, see How prior DWI convictions change charges and penalties.

Detailed list: felony DWI scenarios Texas drivers ask about

• Third offense DWI Texas. Two or more prior intoxication convictions, including certain out‑of‑state equivalents, upgrade a new DWI to a third‑degree felony.
• DWI with child passenger felony Texas. Any passenger under 15 triggers a state jail felony under Section 49.045.
• Intoxication assault. Serious bodily injury by reason of intoxication is a felony. It can enhance if the injured person is a firefighter, EMS worker, peace officer, or judge, or if the injury involves a traumatic brain injury resulting in a persistent vegetative state.
• Intoxication manslaughter. Causing death by reason of intoxication is at least a second‑degree felony, with possible first‑degree enhancements for protected victims or multiple deaths.
• DWI in a school crossing zone. Effective September 1, 2025, driving while intoxicated in an active school crossing zone is a state jail felony under Section 49.04(e). This is new, and it applies regardless of prior history.

Note for planners: These classifications can interact with other laws, including court‑ordered license suspensions under Transportation Code provisions. That is why one case might implicate both ALR and criminal‑court suspensions.

Immediate steps you can take today if you are worried your case is a felony

• Mark your ALR deadline. If you were handed a suspension notice at arrest, you generally have 15 days to request a hearing. If DPS later mails a notice after blood results, that mailed notice gives you 20 days to request. The official page that explains both situations is the Texas DPS ALR overview and hearing timeline.
• Preserve evidence quickly. Save dashcam or phone video, names of witnesses, and any medical records. Ask your employer to preserve GPS or telematics if a company vehicle was involved.
• Do not guess about priors. Old out‑of‑state cases, probations, or reductions can still count. A Texas DWI lawyer can analyze whether something is a “final conviction” under Section 49.09.
• Plan for work and family obligations. Felony bond terms can include interlock and travel limits. Map out obligations and talk about waiver requests early.
• Keep communications private. Do not post about the event. Keep discussions with counsel confidential so strategy is protected.

Short notes for different reader types

Analytical Strategist (Ryan/Daniel): Study the text of Chapter 49 for the core elements and 49.09 for enhancements, then cross‑check Transportation Code 521.344 for conviction‑based suspensions. That is the cleanest way to forecast exposure.

High‑stakes Executive (Sophia/Jason): Consider early mitigation: verified treatment, interlock compliance, and community service documentation. Public filings make quick headlines. A structured plan helps reduce attention and supports negotiation.

Wealth/Privacy Concern (Marcus): Limit appearances to essential hearings when possible and route communications through counsel. Sensitive employers often need a neutral letter confirming compliance and court dates without sharing case specifics.

Carefree Younger Driver (Tyler): One decision in Midtown can ripple for years. If a younger sibling is in the car or someone is hurt, felony charges bring prison‑range penalties, long suspensions, and higher insurance for a long time.

FAQs on what DUI is a felony in Texas

Is my first DWI in Houston a felony?

Usually no. A first adult DWI is a misdemeanor unless a felony trigger applies, like a child passenger, serious injury, death, or the new school crossing zone rule. High alcohol concentration alone is a Class A misdemeanor, not a felony.

What are the penalties for a third offense DWI in Texas?

A third or subsequent DWI is typically a third‑degree felony with a 2 to 10 year prison range and up to a $10,000 fine. Court‑ordered license suspensions on conviction commonly run 180 days to 2 years depending on the statute applied and your history.

How fast do I have to request my ALR hearing after a Houston arrest?

If you were served a notice at arrest, you generally have 15 days to request the hearing. If DPS later mails a notice after a blood result, that mailed notice gives you 20 days to request. Miss the deadline and the suspension often begins on the 40th day after notice.

Does a 0.15 BAC make my DWI a felony in Texas?

No. A 0.15 or higher alcohol concentration upgrades the charge to a Class A misdemeanor. Felony status requires different triggers, such as priors, a child passenger, serious injury, death, or an active school crossing zone.

Can a felony DWI be sealed or expunged?

Texas expunction and nondisclosure laws are limited after intoxication convictions, especially felonies. Dismissals, acquittals, or certain outcomes may create options, but many felony DWI convictions remain public. Discuss the specifics with a Texas DWI lawyer before you assume any record relief is available.

Why acting early matters if you are a Houston provider supporting a family

If you supervise crews, drive to job sites, or hold a professional license, the first 15 to 30 days can shape both your license and the evidence in your case. Early action helps you preserve video, subpoena the right witnesses, and meet deadlines. Even if you are still waiting on lab results, planning now reduces surprises later. Calm steps today beat crisis management tomorrow.

Further reading for quick reference: a brief Quick Q&A resource on felony DWI scenarios in Texas you can scan on your phone.

Butler Law Firm - The Houston DWI Lawyer
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