Is a DWI a Felony in Texas?
A DWI (Driving While Intoxicated) charge in Texas is always serious, but not every DWI is treated the same under the law. Some DWIs are misdemeanors, while others rise to the level of a felony — and the difference can mean years in prison, five-figure fines, and long-lasting consequences that impact jobs, family life, and your future.
But is a DWI a felony in Texas? It can be. A DWI in Texas is typically a misdemeanor, but it becomes a felony under certain aggravating circumstances:
- Third or subsequent DWI offense
- DWI with a child passenger
- DWI causing serious bodily injury (Intoxication Assault)
- DWI causing death (Intoxication Manslaughter)
- Previous felony DWI conviction
Because Texas treats impaired driving as a public-safety threat, the penalties escalate quickly based on your history and the circumstances of your case. Even one wrong step — like refusing a breath test, having a high blood alcohol concentration, or having a minor passenger — can drastically shift the outcome and endanger your future.
If you are facing DWI charges and are unsure where you stand, contact Guzman Law Firm at (956) 516-7198 for a consultation. We defend individuals across Laredo and South Texas and fight aggressively to protect clients from severe sentencing, loss of freedom, and permanent criminal records.
What makes a DWI a felony in Texas?
In Texas, a DWI becomes a felony when there is either a history of prior convictions or aggravating circumstances present. By default, a first-time DWI is typically a Class B misdemeanor. However, once a person has prior DWI convictions or engages in behavior that places others at risk, the law increases the charge level.
A third DWI is generally charged as a third-degree felony, punishable by:
- 2 to 10 years in prison
- Fines up to $10,000
- License suspension and mandatory ignition interlock device
Keep in mind: Texas has no “look-back period”, meaning even a DWI from decades ago can be used to enhance a current charge. Additionally, certain dangerous or harmful outcomes (such as causing an injury or having a child in the vehicle) can elevate even a first DWI to a felony.
Is a second DWI a felony in Texas?
A second DWI is typically charged as a Class A misdemeanor, not felony, which carries penalties including:
- 30 days to 1 year in jail
- Up to $4,000 in fines
However, if the second DWI involves aggravating factors — such as a high BAC, an accident, bodily injury, or a child passenger — the charge may be elevated to a felony. So while a second offense doesn’t automatically mean a felony, it puts you in dangerous legal territory, and means prosecutors are unlikely to give you any grace.
Continue reading: 5 Things to Know about a Third DWI in Texas
What happens if you get four DWIs in Texas?
A fourth DWI always results in felony charges. In most cases, the fourth DWI is charged as a third-degree felony, but depending on prior felony sentences, it may be enhanced to a second-degree felony, increasing potential prison time to up to 20 years.
By the fourth offense, prosecutors and judges tend to push for harsher penalties, and probation options are far more limited. In many cases, avoiding prison time requires a strategic, aggressive, and early defense.
Aggravating factors leading to felony DWI charges
Even if it is your first arrest, certain circumstances can automatically upgrade the offense to a felony. These are known as “aggravating factors”, and they significantly increase the severity of the penalties.
DWI with a child passenger
If a driver is intoxicated and has a child under the age of 15 in the vehicle, the charge is automatically elevated to a state jail felony. This charge carries:
- 180 days to 2 years in state jail
- Up to $10,000 in fines
- Possible CPS involvement
This enhancement can occur even with no accident, no high BAC, and no prior record.
Intoxication assault
If a person is driving while intoxicated and causes serious bodily injury to another person, the charge becomes intoxication assault, a third-degree felony. Injuries do not have to be permanent — any injury that creates a substantial risk of death or causes impairment qualifies. If the victim is a police officer, firefighter, or emergency medical worker, the charge can be enhanced even further.
Intoxication manslaughter
If a person drives while intoxicated and causes the death of another person, the results are much more severe. Intoxication manslaughter is a second-degree felony, punishable by:
- 2 to 20 years in prison
- Up to $10,000 in fines
- Mandatory license suspension
Judges and juries often treat intoxication manslaughter cases with exceptional scrutiny, and defending against the charges is incredibly difficult — having experienced criminal defense representation can make all the difference.
How long does a DWI stay on your record in Texas?
A DWI conviction in Texas stays on your criminal record permanently. Unlike traffic infractions or lesser misdemeanors, there is no automatic removal, and a felony conviction can affect:
- Employment opportunities
- Professional licensing
- Insurance costs
- Housing applications
- Educational and loan eligibility
Texas also uses prior convictions indefinitely to enhance future charges — meaning a DWI from early adulthood can still be used against you decades later.
Can you expunge a felony DWI in Texas?
In most cases, no. Expungement is generally only available if the case was dismissed, you were found not guilty, or you completed certain forms of deferred adjudication (which are rarely available in felony DWI cases).
Some misdemeanor DWI convictions may be eligible for nondisclosure (record sealing), but felony DWI convictions are almost never sealable. Once convicted, the felony remains part of your permanent record unless overturned on appeal.
How a Texas DWI lawyer can fight the charges
A felony DWI charge is not unbeatable. A skilled DWI defense lawyer will immediately examine:
- Whether the traffic stop was lawful
- Whether field sobriety tests were administered correctly
- Whether breath or blood tests were accurate, calibrated, or contaminated
- Whether law enforcement respected constitutional rights
- Whether aggravating factors were correctly charged and supported by evidence
Defense strategies may include challenging probable cause, questioning the test process, negotiating reductions, or presenting mitigating evidence. An experienced attorney can also fight to:
- Reduce charges to a misdemeanor where appropriate
- Seek probation or alternative sentencing
- Prevent long-term penalties and license loss
- Protect your future employment and record
Facing felony DWI charges in Texas? Call Guzman Law Firm
If you or someone you care about has been charged with a felony DWI in Texas, you need an attorney in your corner before it’s too late. A conviction is not automatic, and the prosecution must still prove their case. With knowledgeable defense representation, it may be possible to challenge the traffic stop, the sobriety test procedures, the reliability of chemical testing, or the evidence used to elevate the charge.
Is a DWI a felony in Texas? They often are, but the stakes are too high to wait around and find out. Harsh penalties, long prison sentences, and lifelong consequences are on the line. Guzman Law Firm fights aggressively for clients in Laredo, San Antonio, and across Texas — examining police conduct, analyzing forensic evidence, and challenging the State’s case at every step.
Call us at (956) 516-7198 or schedule a consultation online for a confidential case review.
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