Let’s cut straight to it: if you’re asking, “is a DWI a criminal charge?”—yes, it absolutely can be. In most cases, Driving While Intoxicated (DWI) is considered a criminal offense in the state of Texas and across the United States. But the level of the charge—and its long-term consequences—can vary drastically depending on a number of factors.
This isn’t just a legal technicality. Whether your DWI is treated as a criminal charge can affect your freedom, your job, your family, and your entire future. But here’s the kicker—it’s not always as straightforward as guilty or not guilty. Some DWIs are misdemeanors, others are felonies, and in rare cases, they may even result in non-criminal penalties depending on how the case unfolds.
In this guide, we’re going to break it all down—no legal jargon, no confusion. We’ll explore what makes a DWI a criminal charge, when it becomes a felony, and how real-life scenarios play out in Texas courtrooms. And if you’ve already been charged, this could be the most important article you read today.
What Makes a DWI a Criminal Offense?
If you’ve ever been pulled over and handed a speeding ticket, you might assume a DWI is just another traffic violation. But a DWI isn’t just a slap on the wrist—it’s a full-on criminal offense in Texas, even if it’s your first one.
The Legal Classification of DWI in Texas
Texas Penal Code § 49.04 defines DWI as the act of operating a motor vehicle in a public place while intoxicated—either due to alcohol, drugs, or a combination of both. This charge is not civil or administrative—it’s criminal.
- First-time DWI: Typically charged as a Class B misdemeanor
- Second DWI: Usually escalates to a Class A misdemeanor
- Third DWI or more: Often charged as a third-degree felony
That means even if you’ve never been in trouble before, one DWI arrest can stain your criminal record for life—unless you fight it with the right legal strategy.
Real-Life Example: From a Simple Mistake to a Criminal Record
Take the story of Andrea, a 25-year-old graduate student from Dallas. After a night out with friends, she was pulled over just a few blocks from home. She hadn’t eaten much that day, and the two glasses of wine she drank hit her harder than expected. She blew a 0.09 on the breathalyzer—just over the legal limit.
Andrea had no criminal history. But because her BAC was over 0.08, she was arrested and charged with a DWI—a Class B misdemeanor. She spent a night in jail, paid fines, and completed a DWI education program.
She didn’t lose her license, but when she applied for a teaching job the following year, the DWI popped up on her background check. That one mistake, that one moment of bad judgment, became a criminal charge that followed her into adulthood.
So, is a DWI a criminal charge? For Andrea, and thousands like her, the answer was a definite yes.
Misdemeanor vs. Felony DWI: What’s the Difference?
Not all DWIs are created equal. Some are misdemeanors—still serious, but with lighter penalties. Others are felonies, carrying long prison terms and devastating life consequences.
Class B Misdemeanor: The Most Common First-Time Charge
This is the baseline DWI offense in Texas. If your blood alcohol concentration (BAC) is between 0.08 and 0.149, and no one was hurt, you’ll likely face a Class B misdemeanor.
- Up to 180 days in jail
- Up to $2,000 in fines
- License suspension (90 days to 1 year)
- Mandatory DWI education program
Class A Misdemeanor: Second Offense or High BAC
If this is your second DWI, or your BAC was 0.15 or higher, your charge escalates to a Class A misdemeanor.
- Up to 1 year in jail
- Up to $4,000 in fines
- Longer probation or license suspension
- Possible ignition interlock device (IID) installation
Felony DWI: When Things Get Serious
Felony charges are often triggered when:
- It’s your third DWI offense
- You had a child under 15 in the car (DWI with Child Passenger)
- You caused serious injury or death (Intoxication Assault or Manslaughter)
These are criminal charges that can land you in prison for years. And yes, they remain on your criminal record permanently unless successfully expunged or sealed—which is rare in felony cases.
Factors That Determine Whether a DWI Is a Criminal Charge
You’re probably seeing a theme here: it depends. So what exactly influences whether your DWI becomes a criminal charge—and how serious that charge will be?
Prior Offenses
Repeat offenders are punished more harshly. Even one prior DWI can tip the scales from a misdemeanor to a felony.
Blood Alcohol Content (BAC)
The higher your BAC, the more severe the charge. A BAC of 0.15 or higher can push a first-time DWI into Class A territory.
Presence of Minors
Driving under the influence with a child passenger automatically elevates the DWI to a felony—even on a first offense.
Resulting Harm
If your DWI caused an accident, injury, or fatality, prosecutors are far more likely to pursue felony charges.
Location and Behavior
Being arrested near a school zone, resisting arrest, or acting aggressively during the stop can worsen your charges—even if your BAC was just over the legal limit.
The Role of Prosecutors and Judges
Prosecutors have discretion in how they charge a case. For example, they may choose to file a lesser offense—or pursue maximum penalties if you were uncooperative or if public safety was at high risk. Judges also have discretion in sentencing, especially when evaluating remorse, prior history, and efforts at rehabilitation.
This is why having experienced legal representation is critical. A good attorney may be able to reduce your charge, secure deferred adjudication, or help you qualify for a pretrial diversion program.
Is a DWI a Criminal Charge Even Without a Conviction?
Surprisingly, yes. The arrest alone can land on your criminal record—and it might show up in background checks unless you take steps to expunge or seal it.
Arrest Records
In Texas, an arrest is a matter of public record. Even if your case was dismissed or you were found not guilty, the arrest may still show up in some databases.
Deferred Adjudication
In some cases, first-time offenders may qualify for deferred adjudication. This is a form of probation where the court withholds a finding of guilt, and if you meet all conditions, you avoid a conviction. But here’s the catch: the record still exists.
So again, is a DWI a criminal charge? Even if you were never convicted, the answer can still be yes—at least in terms of how it affects your public record and reputation.
The Long-Term Consequences of a Criminal DWI Charge
Let’s go beyond the courtroom for a second. A DWI conviction isn’t just a legal issue—it’s a life issue.
Employment
Many employers run background checks, and a DWI—especially a felony—can disqualify you from jobs involving driving, childcare, law enforcement, or sensitive data.
Housing
Landlords often deny applicants with criminal records, especially if the property is in a “drug-free” or “crime-free” zone.
Insurance
Auto insurance rates typically skyrocket after a DWI. Some insurers may cancel your policy altogether.
Travel
Some countries, like Canada, restrict entry to people with DWI convictions—even if they’re decades old.
Custody and Divorce
In family court, a criminal DWI charge—especially one involving drugs or high BAC—can impact your parental rights.
Real Case: When a Third DWI Became a Turning Point
David, a 38-year-old mechanic in El Paso, had two prior DWIs on his record. After years of staying clean, he was arrested again during a holiday weekend. This time, prosecutors filed felony charges.
David faced up to 10 years in prison. But with the help of a skilled defense attorney, he entered an intensive rehabilitation program and showed genuine remorse in court. The judge sentenced him to 18 months in a state jail facility instead of maximum prison time.
That experience was life-changing for David—and it was a wake-up call. The third time wasn’t just a ticket or fine. It was a full-blown criminal charge with consequences he couldn’t talk his way out of.
How to Respond If You’ve Been Charged
If you’ve been charged with DWI, here’s what you should do immediately:
- Hire a DWI defense attorney: Not just any criminal lawyer—someone who specializes in intoxication offenses.
- Request an ALR hearing: This is the administrative license revocation hearing, and you only have 15 days to request it.
- Don’t post about your case on social media: Prosecutors monitor online activity.
- Follow all bond conditions: Violating them can make things worse.
- Start alcohol education or counseling proactively: It shows the court you’re serious about change.
Can a DWI Be Removed from Your Criminal Record?
If you’re eligible, yes—but it’s not guaranteed. There are two main routes:
Expungement
Available if your charges were dismissed, you were found not guilty, or your case didn’t result in formal charges. Expungement erases the record completely.
Order of Nondisclosure
If you completed deferred adjudication and meet certain conditions, you can request this court order to seal the record from public view. However, law enforcement and some government entities may still access it.
Conclusion: Is a DWI a Criminal Charge? Yes—and More Than That
So, is a DWI a criminal charge? Unquestionably yes. But it’s also a crossroads. It’s an event that can either spiral into a lifetime of legal entanglements—or become a moment of accountability and change.
The charge is serious. The record is real. The impact is long-lasting. But so are your options—if you act wisely and swiftly.
Whether you’re facing your first DWI or trying to recover from a past mistake, knowing the legal landscape empowers you to take control of your future. Don’t wait. Don’t guess. Get the help you need and move forward with clarity and confidence.
