If you’re asking yourself, “is a DWI a felony charge in Texas?”, you’re likely facing one of the most critical and stressful questions of your life. The short answer? It can be—but it depends on the circumstances. Driving While Intoxicated (DWI) is taken very seriously in Texas, and while a first-time offense is usually classified as a misdemeanor, there are specific scenarios where it escalates to a felony. The consequences can be life-altering—from extended jail time and steep fines to losing your job, your license, and even your right to vote or carry a firearm.

In this detailed breakdown, we’ll walk you through when a DWI becomes a felony in Texas, what penalties come with it, and real-life examples that highlight the critical importance of understanding the law. You’ll also learn what steps to take next and how to protect your rights. Whether you’re reading this for yourself or a loved one, this guide is designed to give you a clear, human perspective—without the legal jargon.

What Is a DWI Under Texas Law?

Let’s start with the basics. In Texas, you can be charged with DWI if you’re operating a motor vehicle in a public place while intoxicated. “Intoxicated” means:

• Having a blood alcohol concentration (BAC) of 0.08% or higher, or
• Lacking the normal use of mental or physical faculties due to alcohol or drugs

The law is strict and leaves little wiggle room. Even if you’re just barely over the legal limit, prosecutors can and often will proceed with charges.

But does that automatically make a DWI a felony charge in Texas? Not necessarily. Most first-time DWIs are classified as misdemeanors unless aggravating factors elevate the charge.

Is a First-Time DWI a Felony Charge in Texas?

For most people arrested for DWI for the first time, the charge is classified as a Class B misdemeanor. That’s not to say it isn’t serious—it still carries harsh consequences, including:

• Up to 180 days in jail
• A fine of up to $2,000
• Driver’s license suspension for up to one year
• Annual surcharge fees for retaining your license
• Mandatory attendance in DWI education programs

But a first-time DWI only becomes a felony under certain circumstances. And that’s where things get complicated—and risky.

When Does a DWI Become a Felony Charge in Texas?

Now for the heart of the matter: is a DWI a felony charge in Texas? It can be—if any of the following apply:

1. Third DWI Offense

If you’ve been convicted of two prior DWIs, a third offense is automatically upgraded to a third-degree felony. This is the most common path from misdemeanor to felony DWI.

Penalties include:

• 2 to 10 years in prison
• A fine up to $10,000
• License suspension up to 2 years
• Substance abuse evaluation and treatment
• Mandatory ignition interlock device

This isn’t just a heavier slap on the wrist—it’s a full-blown felony with life-altering consequences.

2. DWI with a Child Passenger

Driving intoxicated with a passenger under the age of 15 turns your DWI into a state jail felony—even if it’s your first offense.

Penalties include:

• 180 days to 2 years in state jail
• A fine of up to $10,000
• Loss of driving privileges
• Possible Child Protective Services involvement

This charge reflects the state’s zero-tolerance stance on endangering minors. And juries are rarely sympathetic.

3. Intoxication Assault

If your DWI causes serious bodily injury to another person—including passengers, pedestrians, or other drivers—you may face charges of intoxication assault, a third-degree felony.

Penalties include:

• 2 to 10 years in prison
• Up to $10,000 in fines
• License suspension for 180 days to 2 years

Courts often add probation conditions like community service, rehab programs, and victim restitution. If the injury results in permanent disability, the stakes are even higher.

4. Intoxication Manslaughter

Perhaps the most devastating scenario—causing a fatal accident while driving intoxicated—is a second-degree felony in Texas.

Penalties include:

• 2 to 20 years in prison
• Fines up to $10,000
• Extended license suspension
• Required installation of an ignition interlock device

This charge permanently alters lives—both for the victim’s family and for the driver, who may live with guilt and legal consequences for decades. And yes, this is definitely a felony DWI in Texas.

Real-Life Story: When a DWI Turned Into a Felony Fast

Take the case of Jordan, a 34-year-old from San Antonio. He had one prior DWI conviction in college, but after a decade of staying clean, he thought it was behind him. One night after a work event, he was pulled over and arrested for DWI with a BAC of 0.11. At first, it seemed like a misdemeanor.

However, during the traffic stop, officers discovered his toddler was in the back seat. That automatically elevated the charge to a state jail felony, and the consequences spiraled from there. He lost custody temporarily, spent over a year fighting the case, and ended up serving time. That’s how quickly a misdemeanor DWI can become a felony DWI in Texas—and change everything.

How Prior Convictions Affect Felony DWI Charges in Texas

Texas takes repeat DWI offenses seriously. Unlike some states that “wash” or drop prior convictions after a set time, Texas has no lookback limit. That means a 20-year-old conviction can still count toward a felony DWI.

Prior offenses increase:

• Mandatory jail time
• Minimum fines
• Probation periods
• Scrutiny from prosecutors and judges

So even if your last DWI was years ago, it can—and often will—come back to haunt you.

Collateral Consequences of a Felony DWI Conviction

The legal penalties are just the beginning. A felony DWI conviction can follow you for life in ways that aren’t spelled out in your sentencing document.

Employment Challenges

Many employers perform background checks, and a felony conviction—even one for DWI—can disqualify you from jobs that involve driving, finance, education, or public trust.

Housing Difficulties

Landlords often run criminal background checks. A felony record could limit your options or raise your rental costs.

Loss of Rights

In Texas, a felony conviction can result in:

• Loss of voting rights
• Inability to serve on a jury
• Restrictions on owning firearms

These rights may be restored eventually, but the process is complex and not guaranteed.

Immigration Consequences

If you’re a non-citizen, a felony DWI could lead to deportation, visa revocation, or denial of naturalization. Even green card holders can be impacted. Immigration courts often treat felony convictions as serious moral turpitude offenses, which makes legal relief far more difficult.

Can a Felony DWI Be Reduced to a Misdemeanor?

Sometimes—but only under specific conditions. If the evidence is weak or the defendant has mitigating circumstances (such as no injury, full cooperation, or willingness to undergo treatment), a prosecutor might offer a plea to a lesser charge. Having a strong defense attorney who understands both criminal and procedural nuances is often critical in securing such outcomes.

However, felony charges involving children, serious injuries, or death are much harder to reduce. And once a felony is on your record, expungement is almost never an option. The stigma and long-term limitations of a felony conviction can follow you for life, affecting employment, housing, and even your civil rights.

Fighting a Felony DWI Charge in Texas

If you’re facing a felony DWI, you need a strategy—not just hope. Here’s what a seasoned DWI attorney might do:

• Challenge the legality of the traffic stop
• Examine breathalyzer maintenance and calibration logs
• Cross-examine arresting officers for inconsistencies
• Hire toxicology experts to contest BAC results
• Argue that your prior offenses don’t meet statutory requirements

The sooner you act, the better your chances. Felony DWIs are aggressively prosecuted, and delaying your defense only makes things worse.

How to Avoid a Felony DWI in the First Place

The best defense is prevention. Here are a few ways to avoid turning a bad decision into a felony conviction:

• Use a rideshare if you’ve had anything to drink
• Plan ahead when attending events with alcohol
• Understand your BAC and how quickly alcohol impacts it
• Know the law—even prescription medications can trigger a DWI

If you’ve already been convicted once, consider installing an ignition interlock voluntarily, attending treatment programs, or avoiding alcohol entirely.

Final Thoughts: Is a DWI a Felony Charge in Texas?

So, is a DWI a felony charge in Texas? It can be—and the transition from misdemeanor to felony can happen faster than most people realize. Whether it’s your third offense, a child is involved, or someone gets hurt, felony DWIs come with long-term legal, financial, and emotional costs. One wrong decision behind the wheel can escalate into years of legal consequences.

Understanding the law is your first defense. Acting quickly and hiring skilled legal counsel is your second. And never assuming “it’s just a DWI” is perhaps the most important takeaway of all. Because in Texas, a DWI can easily become a felony—and a felony can change your life forever. It’s not just about avoiding jail; it’s about protecting your future, your freedom, and your reputation.