If you’ve been searching, is a dwi a felony in texas, you’re not alone. Texas treats impaired driving seriously, and while many first-time cases are misdemeanors, certain facts flip a DWI into a felony—with consequences that can reshape your life. Understanding when, why, and how that line gets crossed is essential for smart decisions in the days after an arrest. You need clarity on what makes a felony different, what penalties apply, what deadlines (like license-suspension hearings) you face, and how a defense strategy may change depending on injury, passengers, or prior convictions.
In this guide, you’ll learn the exact scenarios that answer the question is a dwi a felony in texas, including child-passenger cases, third-offense enhancements, intoxication assault, and intoxication manslaughter, along with a recent school-zone wrinkle. You’ll also see likely punishments, license consequences, and practical next steps. By the end, you’ll have a plain-English map for navigating Texas DWI law—and the confidence to ask the right questions.
Is a DWI a felony in Texas?
Sometimes. A DWI becomes a felony in Texas if you’re charged with DWI with a child passenger (state jail felony), it’s your third DWI (third-degree), you cause serious bodily injury (intoxication assault, typically third-degree), or you cause a death (intoxication manslaughter, typically second-degree). Recent law also adds a limited school-zone scenario. Consult a Texas DWI lawyer immediately.
When a Texas DWI Becomes a Felony
A common source of confusion is whether every drunk-driving arrest automatically means a felony. It doesn’t. In Texas, most first-time DWIs are misdemeanors. The question is a DWI is a felony in texas turns on specific facts, such as who else was in the car, whether someone was seriously hurt or killed, or how many prior DWIs you have. Those facts—not just your BAC—decide the felony line.
Texas law treats DWI with a passenger under 15 as a state jail felony, even on a first offense. That single detail—age of a passenger—can answer is a dwi a felony in texas with a yes. Likewise, if prosecutors can prove your intoxication caused serious bodily injury, the charge is intoxication assault, typically a third-degree felony. If a death results, the charge is intoxication manslaughter, typically a second-degree felony. These categories reflect the harm risked or caused.
Prior convictions also matter. If the case is your third DWI, you’re generally looking at a third-degree felony because Texas enhances penalties for repeat intoxication offenses. In short, is a dwi a felony in texas becomes yes when the law elevates the severity due to prior behavior or heightened danger to others.
When Does a Texas DWI Become a Felony?
Most first DWIs in Texas are misdemeanors—felony kicks in with specific triggers: child passenger, third DWI, intoxication assault/manslaughter, or a narrow school-zone subsection.
DWI with Child Passenger—Answering “is a dwi a felony in texas” for minors
Driving while intoxicated with a passenger under 15 is a state jail felony even for first-time DWI. This is one of the clearest “yes” answers to is a dwi a felony in texas.
Third DWI—How priors flip the answer to yes
If you have two prior intoxication-related convictions, a new DWI is generally a third-degree felony. This repeat-offender rule is a common way is a dwi a felony in texas becomes yes.
Intoxication Assault—Serious bodily injury elevates to felony
Where intoxication causes serious bodily injury, the charge is intoxication assault, typically a third-degree felony (with higher degrees for injuries to certain officials). This scenario also turns is a dwi a felony in texas into yes.
Intoxication Manslaughter—When a death leads to a higher degree
If intoxication causes a death, it’s intoxication manslaughter, typically a second-degree felony (with specific first-degree upgrades in defined circumstances). Again, is a dwi a felony in texas = yes.
How Felony DWI Penalties Work in Texas
Felony DWI in Texas blends criminal penalties with civil fallout: move fast on ALR, expect intensive supervision, and plan for long-term record strategy.
- License consequences (ALR program)
Separate from the criminal case, Texas’ Administrative License Revocation (ALR) can suspend your license. You typically have 15 days from notice to request a hearing; miss it and suspension often starts on day 40. This deadline matters whether or not is a dwi a felony in texas applies. - Interlock, supervision, and conditions
Courts commonly order ignition interlock, alcohol monitoring, treatment, classes, community service, and no-alcohol conditions during bond or probation. These apply in both misdemeanor and felony cases, but they’re more likely and longer-lasting when is a dwi a felony in texas is the answer. - Collateral fallout
Felony DWI can affect employment, professional licensing, immigration status, housing, firearm rights, and travel. Even if probation avoids prison, the “felony” label lingers, which is why clarifying is a dwi a felony in texas early is critical to planning life and career moves. - Records, expunction, and nondisclosure
Felony cases are harder to clear. Expunction is rare (usually for dismissals or not-guilty outcomes). Some orders of nondisclosure exist but are limited and often exclude serious intoxication offenses. If is a dwi a felony in texas for your situation, ask your attorney about long-term record strategy immediately.
Defense Angles (What to Preserve Now)
Stop & arrest challenges; field-sobriety reliability; breath/blood testing and chain of custody; causation in injury/fatal cases.
Mitigation package: treatment enrollment, clean testing, restitution, verified work/school schedules, and character letters that use strong Adjectives To Describe your reliability, sobriety progress, and community service—without exaggeration.
Building a Defense in Felony DWI—Active-Voice Game Plan
When is a dwi a felony in texas applies, speed and precision matter. Start by securing dash/body-cam video, 911 audio, lab records, maintenance logs for breath machines, and the officer’s training history. Your lawyer can challenge the stop, the arrest, field-sobriety testing, and blood-draw procedures. In injury or death cases, causation becomes central: Was intoxication the legal cause of serious bodily injury or death? Expert analysis of reconstruction, medical trauma records, and toxicology can be decisive.
Next, quantify alternative outcomes. Even when is a dwi a felony in texas is clearly yes, prosecutors may consider charge reductions, pre-trial diversion (rare in serious cases), or probation depending on injuries, priors, and restitution. Counsel should open early negotiations, present mitigation (treatment, counseling, character letters), and fix any compliance risks (ignition interlock, SCRAM, travel limits).
Communication Discipline for Texas DWI Cases
Felony vs. misdemeanor hinges on facts—child passenger, injury, school zone, priors—so preserve evidence now and stop posting about the case.
Immediate Checklist if You’re Asking “is a dwi a felony in texas”
Call a Texas DWI attorney now, calendar the 15-day ALR deadline, and gather documents (citations, bond papers, tow receipts).
Medical & Evidence Trail
Get copies of lab results, any hospital draws, and photos of airbags, seatbelts, injuries, and scene debris; these shape whether is a dwi a felony in texas becomes yes.
Passenger, Child, and School-Zone Facts
Document passenger ages, routes, and timing. These details can flip is a dwi a felony in texas to yes or no in close cases.
Prior-Conviction Audit
Obtain certified histories from Texas and other states. If you have two priors, is a dwi a felony in texas most likely becomes yes under enhancement rules.
Communication Discipline
Stop posting about the case. Anything you say can reframe whether is a dwi a felony in texas applies, especially in injury or child-passenger scenarios.
Bottom Line
The honest answer to is a DWI a felony in Texas is: sometimes—and it depends on specific triggers. Child passengers, third-offense status, serious injuries, deaths, and particular school-zone conditions can convert a routine case into a felony with long-term consequences. Even if your current facts suggest a misdemeanor, treat the first week like a sprint: preserve evidence, request your ALR hearing, and hire counsel. If you keep asking variations of the same question—is a Texas DWI a felony? is a DWI a felony in Texas for my facts?—the best next move is a fact-by-fact legal review that maps your situation to the statute.
FAQ’s
Does a first-time DWI ever count as a felony in Texas?
Yes—DWI with a child passenger is a state jail felony even on a first offense. If there’s serious bodily injury or death, prosecutors may file intoxication assault or manslaughter felonies.
When does a third DWI become a felony?
A new DWI after two prior intoxication-related convictions is generally a third-degree felony. That’s a common scenario where is a dwi a felony in texas becomes yes.
What if my BAC was under 0.15—can it still be a felony?
Yes. BAC affects misdemeanor grading, but felony hinges on child passengers, injury/death, repeat offenses, or narrow school-zone conditions. BAC alone doesn’t control whether is a dwi a felony in texas is yes.
How fast do I need to act on my license suspension?
You typically have 15 days from notice to request an ALR hearing; if you don’t, suspension generally starts around day 40. This deadline applies whether or not is a dwi a felony in texas is your outcome.
Are there defenses to felony DWI?
Yes. Common challenges include the traffic stop, field-sobriety tests, breath/blood testing, chain of custody, and causation in injury/death cases. Even when is a dwi a felony in texas is in play, defenses can reduce or defeat charges.
