If you’ve been arrested for driving while intoxicated and you’re asking, is a DWI a misdemeanor in Texas, the answer is—it depends. In many cases, a DWI is a misdemeanor. But with the wrong combination of circumstances, it can quickly escalate to a felony offense that carries severe legal, financial, and personal consequences.
In this in-depth guide, we’re going to unpack exactly what determines whether a DWI in Texas is classified as a misdemeanor or a felony. From prior convictions to aggravating factors like injuries, minors in the car, or extremely high blood alcohol content, we’ll walk you through the legal classifications. And just as importantly, we’ll talk about what those classifications mean for your life, your record, and your future.
Understanding is a DWI a misdemeanor in Texas requires more than a yes or no—it requires context. So, let’s break it down step by step with real-life examples, practical advice, and a clear explanation of Texas law.
What Is a DWI Under Texas Law?
Before diving into whether a DWI is a misdemeanor or not, it’s essential to understand what qualifies as a DWI in Texas. According to the Texas Penal Code Section 49.04, a person commits a DWI offense when they operate a motor vehicle in a public place while intoxicated. “Intoxicated” means not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination—or having a blood alcohol concentration (BAC) of 0.08% or higher.
So the moment an officer pulls you over and suspects impairment—whether or not you feel drunk—you could be facing a DWI charge.
Is a DWI a Misdemeanor in Texas by Default?
For most people arrested for the first time, a DWI is a misdemeanor in Texas. Specifically, it’s categorized as a Class B misdemeanor. However, there are exceptions that can bump that charge up to a Class A misdemeanor or even a felony.
First-Time DWI: Class B Misdemeanor
A standard first-time DWI with no aggravating circumstances is typically a Class B misdemeanor in Texas. This applies if your BAC is below 0.15 and no one was hurt, there were no minors in the car, and you’ve never been convicted before.
Penalties for a Class B Misdemeanor DWI:
- Jail time: Minimum 72 hours up to 180 days
- Fine: Up to $2,000
- License suspension: 90 days to 1 year
- Possible probation, alcohol education class, andignition interlock device
It may be “only” a misdemeanor, but a DWI conviction—regardless of level—goes on your permanent record.
Real-Life Story: The Businessman and the BBQ Beer
Consider the case of Carlos, a 38-year-old small business owner in Houston. After attending a family barbecue, he drove home thinking he was well within his limit. A traffic stop for a broken taillight turned into a breath test, which showed a BAC of 0.10%. He was charged with a Class B misdemeanor DWI.
Carlos hired a lawyer, pled no contest, and received probation instead of jail time. But he still had to pay fines, attend alcohol awareness classes, and deal with a suspended license. More importantly, he now has a permanent criminal record, which caused delays when renewing his commercial insurance. In Texas, a DWI may be a misdemeanor, but that doesn’t mean it’s minor.
When Does a DWI Become a Class A Misdemeanor in Texas?
In some cases, a DWI that would normally be a Class B misdemeanor becomes a Class A misdemeanor due to certain aggravating factors. The most common reason is a high blood alcohol concentration.
BAC of 0.15 or Higher
If your BAC is 0.15% or above, the charge automatically becomes a Class A misdemeanor—even for a first offense. This elevated classification means tougher penalties and greater long-term consequences.
Penalties for a Class A Misdemeanor DWI:
- Jail time: Up to 1 year
- Fine: Up to $4,000
- Mandatory ignition interlock device
- Lengthier license suspension
So, is a DWI a misdemeanor in Texas if your BAC is nearly double the legal limit? Yes—but it’s a more serious misdemeanor with steeper consequences and harsher sentencing.
What Elevates a DWI to a Felony in Texas?
This is where the situation becomes much more serious. Certain conditions push a DWI into felony territory under Texas law. If you’re facing one of these, you’re not just dealing with a misdemeanor anymore—you’re looking at prison time and a felony record that can follow you for life.
Third or Subsequent DWI Offense
If you’ve already been convicted of DWI twice, your third DWI is a third-degree felony. That’s true no matter how long ago the previous offenses occurred.
Penalties for a Third-Degree Felony DWI:
- Prison: 2 to 10 years
- Fine: Up to $10,000
- Mandatory license suspension
- Possible permanent revocation of commercial driving privileges
DWI With a Child Passenger
Driving intoxicated with a passenger under the age of 15 is automatically a state jail felony, even for a first-time offender.
Penalties Include:
- State jail time: 180 days to 2 years
- Fine: Up to $10,000
- Long-term child custody implications
DWI Causing Serious Injury or Death
If your intoxicated driving causes an accident resulting in serious bodily injury, it becomes intoxication assault—a third-degree felony. If it results in death, it’s intoxication manslaughter, which is a second-degree felony.
These charges come with much higher stakes:
- Prison: Up to 20 years for manslaughter
- License revocation
- Permanent criminal record that can never be sealed
- Restitution to victims
So again, is a DWI a misdemeanor in Texas? Yes, until you cross certain lines. And those lines aren’t hard to cross.
How Prosecutors Make Charging Decisions
Whether a DWI is charged as a misdemeanor or felony depends on the facts of the case—and on the discretion of the prosecutor. Prosecutors in Texas consider multiple factors when deciding how to file charges:
- Your BAC level
- Any prior DWI convictions
- Whether children were present
- If there were injuries or property damage
- Your demeanor and cooperation with law enforcement
- Whether you refused testing
A good DWI defense attorney can negotiate with the prosecutor, but the original charge often sets the tone. That’s why your first appearance matters—and why hiring legal help immediately can change everything.
Real-Life Example: The Tailspin After a Third Offense
Michael, a 42-year-old construction supervisor in Austin, had two prior DWIs—one from 15 years ago, and one from six. After getting pulled over for swerving late at night, he was arrested again and charged with his third DWI, a third-degree felony.
This time, the court didn’t offer probation. Michael was sentenced to three years in prison. He lost his job, and his family’s income dropped dramatically. Even though his BAC was only 0.09%, the history mattered more. That’s how quickly a misdemeanor can become life-changing.
Can a Misdemeanor DWI Be Reduced or Dismissed?
Not every DWI arrest ends in a conviction. A knowledgeable attorney may be able to get your charge dismissed or reduced—especially if there are weaknesses in the state’s case.
Possible Grounds for Dismissal:
- The officer had no probable cause for the stop
- Breathalyzer was improperly calibrated or used
- Field sobriety tests were flawed
- The officer didn’t follow protocol
- Witnesses provide conflicting reports
In other cases, prosecutors may agree to reduce the charge from a Class A to a Class B misdemeanor, or from DWI to Obstruction of a Highway, which carries lesser penalties and fewer long-term consequences.
Deferred Adjudication
As of 2019, Texas allows deferred adjudication for first-time DWI offenders with a BAC below 0.15. This means you can avoid a formal conviction if you complete court-ordered conditions successfully. While it still goes on your record, it can be sealed later under certain conditions.
Is It Possible to Expunge a DWI in Texas?
Here’s where things get tricky. You can only expunge a DWI if your case was dismissed or you were found not guilty. If you pled guilty or were convicted—even of a misdemeanor—the charge stays on your record.
However, under the Texas Second Chance Law, you may be able to seal a DWI conviction from public view if:
- It was your first offense
- BAC was under 0.15
- You’ve completed the sentence
- You’ve waited the required time (usually 2 years after probation ends)
Sealing your record helps with job applications, housing, and reputation—but it doesn’t erase the DWI entirely.
Final Thoughts: So, Is a DWI a Misdemeanor in Texas?
In most first-time cases, yes—a DWI is a misdemeanor in Texas. But the answer becomes more complicated with each factor added: high BAC, prior offenses, child passengers, injuries, and more. What starts as a Class B misdemeanor can quickly escalate into something much more serious.
The legal system may offer second chances, but it also remembers your record. The choices you make after your arrest—especially hiring a qualified attorney—can make a massive difference in how your case turns out.
So if you’re facing charges and wondering, is a DWI a misdemeanor in Texas, don’t assume the answer gives you a free pass. Understand what’s at stake, take the right steps, and work with someone who knows how to navigate the legal landscape.
