Serious Offenses in Texas: Which DUI Is a Felony Under State Law?

In Texas, a DWI becomes a felony when certain aggravating factors are present, such as specific prior convictions, causing serious injury or death, or driving while intoxicated with a child under 15 in the vehicle. In other words, not every first DWI is a felony, but some situations will move your case out of the misdemeanor range and into serious felony territory that can threaten your freedom, career, and future. If you are trying to understand which DUI is a felony in Texas and what that means for your job and family, it helps to break the law into clear categories.

You may be a mid career professional in Houston who has never been in trouble before and now you are staring at a DWI charge on a court notice. You might be wondering if this could suddenly turn into a felony, how fast things move, and what you can realistically do to protect your license and record. This guide walks through which DWI situations are felonies under Texas law, what penalties look like, and what steps you can take right away to protect yourself.

Overview: Which DUI Is a Felony in Texas?

Texas law technically uses the term DWI, driving while intoxicated, but many people still say DUI or drunk driving. For your purposes, the key question is which DUI is a felony in Texas, regardless of the label on the charge. Some DWI cases stay misdemeanors, while others are charged as felonies because of prior convictions or because someone was hurt, killed, or placed at special risk.

For a more detailed breakdown of which DWI offenses in Texas become felonies and why, it helps to look directly at how Texas law classifies these offenses and what enhancements apply.

Under the Texas Penal Code chapter on intoxication offenses, the main felony level DWI categories include:

• Third offense DWI (and some second offenses with certain prior felony DWI history)
• DWI with a child passenger under 15 years old
• Intoxication assault (serious bodily injury to another person)
• Intoxication manslaughter (death of another person)

Each of these felony categories has its own punishment range, license consequences, and long term impact on your record. Knowing which box your situation might fit in is the first step in lowering the stress and making smart decisions.

Felony DWI Categories Under Texas Law

If you have been arrested in Houston or Harris County, you probably received a charging document that lists a specific offense name and Penal Code section. This section explains in plain English which DWI type scenarios usually count as felonies.

1. Third Offense DWI Felony in Texas

The most common felony DWI scenario is a third or subsequent DWI. If you already have two prior DWI convictions in Texas or another state that Texas recognizes, then a new DWI charge can be filed as a third degree felony.

• Level: Typically a third degree felony
• Potential prison time: 2 to 10 years in the Texas Department of Criminal Justice
• Fine: Up to $10,000
• License: Possible long term suspension plus ignition interlock and other conditions

As someone worried about work and family, the key point is that a third offense DWI felony in Texas is treated very differently from a first time misdemeanor. Felony probation, prison exposure, and strict license rules can all affect your ability to drive to work, keep professional certifications, or travel for your job.

For the Analytical Planner who wants clear criteria, courts generally look at whether there are two prior final DWI convictions, how old they are, and whether they count under the statute. That is one reason prior plea decisions matter so much when you are now facing a new arrest.

2. DWI With Child Passenger in Texas

Texas treats DWI with a child passenger as a felony even if it is your first DWI. The rule is simple, but harsh: if you drive while intoxicated with a passenger who is younger than 15 years old in the vehicle, you can be charged with a state jail felony.

• Level: State jail felony
• Possible state jail time: 180 days to 2 years
• Fine: Up to $10,000
• Other consequences: Potential CPS involvement, tougher license restrictions, and long lasting record issues

Many parents in the Houston area are shocked to learn that one night of poor judgment, such as driving home from a family gathering with a child in the car, can instantly turn a first offense DWI into a felony. If you want a deeper explainer about what qualifies as a DWI with a child passenger, it is worth reading more about this specific enhancement.

3. Intoxication Assault

Intoxication assault is another way a DWI becomes a felony. This charge usually applies when an intoxicated driver allegedly causes a crash that results in serious bodily injury to another person.

• Base level: Third degree felony
• Potential prison time: 2 to 10 years
• Fine: Up to $10,000
• Possible enhancements: Higher penalties if a peace officer, firefighter, or other protected person is injured

For a working professional, this type of case can be life changing. You are not just fighting a criminal charge, you may also be facing civil lawsuits, insurance complications, and overwhelming guilt about what happened. It is common to feel paralyzed trying to manage all of that at once.

4. Intoxication Manslaughter

Intoxication manslaughter is the most serious intoxication related driving offense under Texas law. It covers situations where a person allegedly operates a vehicle while intoxicated and causes the death of another by accident or mistake.

• Base level: Second degree felony
• Potential prison time: 2 to 20 years
• Fine: Up to $10,000
• Collateral issues: Long term license revocation, civil wrongful death claims, and lifelong record consequences

If you are reading this because a loved one is charged with intoxication manslaughter in Harris County or a nearby county, you already know this is not a typical DWI. The stakes include freedom, finances, and the emotional cost to everyone involved.

Where Misdemeanor Ends and Felony Begins

A common misconception is that any Texas DWI is automatically a felony. That is not correct. Many first and even some second DWI cases are charged as misdemeanors, especially when no one else is hurt and there are no child passengers or serious prior records.

Felony DWI criteria in Texas usually involve at least one of these:

• Two or more prior DWI convictions
• A child under 15 in your vehicle while you are allegedly intoxicated
• A crash that causes serious bodily injury to someone else
• A crash that results in someone’s death

For a more detailed clear guide to felony enhancements and triggers, you can look at how prior convictions, injury, death, and child passenger issues each change the level of the charge.

Felony DWI Penalties and Real World Impact

Once a DWI becomes a felony, the penalties go beyond just fines and a few days in jail. Felony drunk driving penalties in Houston Texas can include long prison ranges, years of community supervision, strict license rules, and permanent record issues that follow you into every job application or background check.

Prison, State Jail, and Probation Ranges

Felony DWI sentencing ranges vary by charge level:

• State jail felony (such as DWI with child passenger): 180 days to 2 years in a state jail facility
• Third degree felony (third offense DWI, intoxication assault): 2 to 10 years in prison
• Second degree felony (intoxication manslaughter): 2 to 20 years in prison

In some cases, a court may grant community supervision instead of prison, but that is never guaranteed and depends on the facts, prior record, and many other factors. Even on probation, you can face strict conditions, including regular reporting, alcohol treatment, community service, and ignition interlock requirements.

License Suspensions and Ignition Interlock

Felony DWI cases also carry serious driver’s license consequences. You can face:

• Lengthy license suspensions, often a year or more for certain felony convictions
• Mandatory ignition interlock installation as a condition of driving
• Occupational license limits that may restrict where and when you can drive

If you are the main provider in your household, losing your license even for a few months can make it hard to keep your job or get children to school and medical appointments. That is why understanding both the criminal and license sides of your case is so important.

Record, Background Checks, and Reputation

A felony DWI conviction does not simply disappear in a few years. It becomes part of your permanent criminal history record, which can show up on background checks for employment, housing, loans, and professional licenses.

Reputation-Focused Executive readers often worry about how a felony will appear for promotions, security clearances, or board positions. While every profession handles these situations differently, a felony record can raise questions about judgment, reliability, and insurability. Getting accurate advice early can help you understand the range of outcomes and what you can do to manage the impact.

Micro Story: How One Houston Driver Faced a Felony DWI

Imagine a mid level project manager in Houston who had two old DWI convictions from his twenties. Years later, police stop him after a company happy hour. His breath test is over the limit and the officer discovers the prior convictions. His new case is filed as a third degree felony DWI, with a possible 2 to 10 year prison range.

Overnight, he goes from thinking about a fine and maybe a short program to worrying about prison, losing his job, and explaining everything to his children. This kind of shift is common once prosecutors see prior records or accident reports. Understanding the line between misdemeanor and felony can help you avoid assumptions that might hurt your defense.

Key Felony DWI Criteria in Texas: Priors, Injuries, and Child Passenger

From a big picture view, felony DWI criteria Texas focuses on three main things: your prior record, what happened during this incident, and who was at risk.

Prior DWI Convictions

Prior DWI convictions are one of the most important triggers for felony treatment. Courts look at whether earlier DWI charges resulted in final convictions and whether they qualify as enhancement priors.

• One prior DWI: Often upgrades a new DWI to a Class A misdemeanor, which is still not a felony but carries higher penalties than a first offense
• Two or more prior DWIs: Commonly used to charge a new DWI as a third degree felony

For the Analytical Planner, understanding this structure can help you evaluate past and current offers. The exact language of prior judgments and how they were handled in court can matter a lot, which is why lawyers often request certified copies of prior case files.

Injury and Death

When a DWI involves a crash, police will often look closely at injuries and property damage. If another person suffers serious bodily injury or dies, prosecutors may file intoxication assault or intoxication manslaughter charges.

• Serious bodily injury typically means a substantial risk of death, permanent disfigurement, or long term loss or impairment of a body part or organ
• Death triggers intoxication manslaughter, even if the driver did not mean to cause harm

These cases are complex because they mix accident reconstruction, medical records, and intoxication evidence. If you are involved in a serious crash in Houston or a nearby county, the investigation can take weeks or months before final charges are filed.

Child Passenger Under 15

DWI with child passenger Texas law sets a strict bright line. If you are intoxicated and have a passenger under 15, the offense is a state jail felony. There is no requirement for an accident or injury. The presence of the child itself is enough to elevate the charge.

If you are a parent or caregiver, you may be dealing with additional fears, such as child protective services, school issues, and family court questions. Getting a handle on the exact accusation and the possible range of outcomes can make day to day life more manageable while the case is pending.

License Consequences and the 15 Day ALR Deadline

Felony or not, any Texas DWI arrest can trigger a separate civil process called Administrative License Revocation, or ALR. This is run by the Texas Department of Public Safety and is completely separate from your criminal case in Harris County or another local court.

The most important rule is the 15 day deadline. After a DWI arrest or a breath or blood test failure, you usually have 15 days from the date of notice to request an ALR hearing. If you miss that window, your license suspension often goes into effect automatically.

You can review how to preserve your driving privileges under the 15‑day ALR rule and better understand the forms and timelines involved in this separate process. For an official explanation, the Texas DPS overview of the ALR license‑revocation process also explains how suspensions and hearings work statewide.

If you depend on your vehicle for work, you will want to track this deadline carefully. It is one of the fastest moving parts of a DWI case and missing it can take options off the table before you fully understand what is happening.

Immediate Steps After a Possible Felony DWI Arrest

In the first few days after a DWI arrest, it is easy to feel overwhelmed. Focusing on a short checklist can give you back some sense of control and help you protect your future.

1. Protect Your License

• Note the date on any ALR notice or temporary driving permit you received
• Count 15 days from that date and mark it on your calendar
• Make sure an ALR hearing request is submitted before the deadline so you have a chance to fight the suspension

If you are the main provider for your family, this one step can make the difference between keeping your job during the case or scrambling for rides every day.

2. Collect Basic Documents

• Save your citation, bond paperwork, and any towing or property receipts
• Write down your memory of the stop, field sobriety tests, and any statements as soon as possible
• List out any prior alcohol related cases you have had in Texas or other states, including approximate years and locations

For the Analytical Planner, this information will help a lawyer assess whether your case is likely to be misdemeanor or felony, and what enhancements the prosecutor might try to apply.

3. Think About Work and Professional Licenses

Concerned Professional (nurse) readers and others with licenses such as teachers, engineers, or commercial drivers often worry about reporting requirements. Many boards and employers require disclosure of certain criminal charges or convictions, and some have their own timelines.

Your criminal case is only part of the picture. Understanding how a possible felony DWI might affect your nursing license, commercial driver status, or other professional credential is critical. Often, the way your case is resolved can change the way a licensing board views it, so it is important to coordinate strategy and preserve your options.

4. Preserve Your Privacy and Reputation

If you are in a leadership role, the idea of a felony DWI charge becoming public can be frightening. Reputation-Focused Executive readers are right to ask who can see court records, how background checks work, and whether there are ways to limit the damage.

While public records in Texas are generally accessible, details like how your case is charged, whether enhancements stick, and whether you end up with a conviction, reduction, or dismissal can all matter for future opportunities. Asking early questions about record impact can help you plan for professional reviews, renewals, and future applications.

5. Common Misconception To Avoid

One frequent misconception is that if you did not hurt anyone, your DWI must be a misdemeanor. That is not always true. A DWI with a child passenger under 15, or a third DWI with two prior convictions, can still be a felony even when there is no crash at all.

Understanding these different pathways to felony charges helps you avoid false reassurance that might lead you to ignore deadlines or underestimate your risk.

For Casual or Unaware Readers: Why Felony DWI Matters

If you fall into the Casual/Unaware Reader category, you might be reading this before anything bad happens, or after hearing about a friend’s arrest. It can be tempting to think of DWI as just a traffic ticket with a bigger fine. In Texas, it is much more serious, especially when it crosses into felony territory.

Consider a simple example. A first time DWI in Texas might lead to a few days in jail, a fine of up to a couple of thousand dollars, and a short license suspension. A felony DWI with a child passenger can quickly lead to thousands in fines, months or years under state supervision, a lengthy license suspension, and a permanent felony record that can affect job offers for decades. That is a major difference in cost and impact, even before you count increased insurance premiums and lost income.

Even if you are only casually interested today, understanding which DUI is a felony in Texas might help you steer clear of situations that put your future at risk.

How Defenses and Strategy Change With Felony DWI

The core question of whether the state can prove intoxication beyond a reasonable doubt is still central in a felony DWI. But the strategy often expands because you are dealing with higher punishment ranges, more complex fact patterns, and sometimes accident reconstruction or medical evidence.

Challenging Intoxication Evidence

In many felony DWI cases, especially third offense DWIs and DWI with child passenger, the defense focuses on whether the state can prove that you were legally intoxicated at the time of driving. This can involve:

• Challenging the legality of the traffic stop or detention
• Evaluating field sobriety test instructions and scoring
• Reviewing how breath or blood samples were collected, stored, and tested

At the same time, in injury or death cases, the defense may also look at whether intoxication actually caused the accident or whether other factors played a major role.

Disputing Enhancements and Priors

Because felony treatment often depends on enhancements, another key defense area involves challenging whether the state can legally use certain priors or facts to upgrade the charge. For example:

• Whether a prior out of state DWI meets Texas standards
• Whether prior convictions are final and properly documented
• Whether the alleged child passenger was actually under 15 and in the vehicle at the time

These issues may seem technical, but they often decide whether a case stays in felony court or can potentially be handled as a misdemeanor.

Considering Collateral Consequences

For professionals in Houston, collateral consequences can be as important as the criminal case itself. This includes:

• Impact on professional licenses and certifications
• Immigration consequences for non citizens
• Firearm possession restrictions related to certain felony convictions

When you are the primary provider in your family, all of these moving parts matter. Understanding them early gives you a chance to plan, gather records, and make informed choices about how to move forward.

Extra Resource for Deeper Questions

If you learn best by asking questions interactively, you may find it useful to explore the butler law firm interactive Q&A on felony DWI triggers. It is another way to understand how different facts, such as priors, injuries, or child passengers, can change the level of a DWI charge under Texas law.

Frequently Asked Questions About Which DUI Is a Felony in Texas

Is my first DWI in Texas automatically a felony?

No, most first DWI cases in Texas are charged as misdemeanors if there is no serious injury, death, or child passenger. However, a first time DWI can still be a felony if there is a child under 15 in the car, or if the incident involves serious bodily injury or death that leads to intoxication assault or intoxication manslaughter charges.

When does a DWI become a felony in Houston or Harris County?

In Houston and Harris County, a DWI generally becomes a felony if you have two prior DWI convictions, drive while intoxicated with a child under 15, or are accused of causing serious injury or death while intoxicated. Local prosecutors will look at your record and the facts of the incident, then decide whether to file misdemeanor or felony charges under Texas law.

What is considered a third offense DWI felony in Texas?

A third offense DWI felony in Texas usually means you are charged with DWI and have at least two prior DWI convictions that count as enhancements. This third offense is typically a third degree felony, carrying a potential punishment range of 2 to 10 years in prison and up to a $10,000 fine, along with license consequences.

How does a felony DWI affect my record and job prospects?

A felony DWI leads to a permanent criminal record that can show up in background checks for employment, housing, and licensing. Employers in Houston and across Texas often treat felony records more seriously than misdemeanors, so a felony DWI can limit promotions, job changes, and some professional opportunities, especially in fields that require trust, driving, or professional licensing.

What should I do within the first few days after a DWI arrest in Texas?

Within the first few days after a DWI arrest in Texas, your priorities should include protecting your driver’s license, noting the 15 day ALR deadline, organizing your paperwork, and learning how your history and the facts of the arrest affect whether your case could be charged as a felony. It is also wise to talk with qualified Texas DWI counsel as early as possible so you do not miss critical deadlines or overlook defenses.

Why Acting Early Matters If You Might Be Facing a Felony DWI

By now you have seen that which DUI is a felony in Texas depends on a mix of prior convictions, injuries, deaths, and child passenger issues. For someone like you who is trying to keep a job, pay a mortgage, and support a family in the Houston area, those legal categories are not just labels. They affect whether you can keep driving, keep working, and keep your long term goals on track.

Early action gives you more options. Preserving your ALR hearing rights, gathering documents, understanding possible felony enhancements, and asking informed questions about your record can all change the path of your case. While no article can replace case specific legal advice, using this information to get organized and seek qualified DWI counsel can help you move from panic to a more focused plan.

Watch this short for a quick overview of the one mistake that can turn a DWI into a felony in Texas, especially if you are worried about priors, injury, or child passenger issues. It is a useful visual recap of the core points covered in this guide.

Butler Law Firm - The Houston DWI Lawyer
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