Most first-time DWI charges in Texas are misdemeanors, but that does not mean they are minor charges. The answer depends on several factors, including prior convictions, the circumstances of the arrest, and whether anyone was injured. As those factors change, so does the severity of the charge. What starts as a misdemeanor charge can escalate quickly, and the consequences of getting it wrong are severe.
At Xavier Law Firm, we represent clients facing DWI charges throughout Houston and Harris County, from first-time misdemeanor arrests to serious felony cases involving prior convictions or accidents. If you've been charged with a DWI in Texas, call us today at (281) 296-3741 to speak with a member of our criminal defense team.
What Is a DWI in Texas?
Under Texas law, a person can be charged with a DWI when they operate a motor vehicle in a public place while intoxicated. Intoxication is defined as either having a blood alcohol concentration of 0.08% or higher, or not having the normal use of mental or physical faculties due to the introduction of alcohol, drugs, a controlled substance, or any combination of those substances.
Texas distinguishes between DWI and DUI in one important way. DUI in Texas applies specifically to minors who are found to have any detectable amount of alcohol in their system while driving, even below the 0.08% threshold.
Adults are charged under the DWI statute, which carries its own classification system based on the severity and circumstances of the offense.
First, Second, and Third DWI Offenses Explained
In Texas, a first or second DWI is usually a misdemeanor, while a third DWI is a felony. The penalties become more serious with each offense.
First DWI Offense
A first-time DWI in Texas is typically charged as a Class B misdemeanor, punishable by a minimum of 72 hours to 180 days in county jail, a fine of up to $2,000, and a driver's license suspension of up to one year.
If your BAC was 0.15% or higher, the charge is elevated to a Class A misdemeanor, which carries up to one year in jail and fines up to $4,000. A first offense is not a felony under most circumstances, but it still carries serious consequences that can affect your record, your license, and your daily life.
Second DWI Offense
A second DWI conviction in Texas is a Class A misdemeanor, punishable by 30 days to one year in county jail, fines up to $4,000, and a driver's license suspension of up to two years.
Courts may also require the installation of an ignition interlock device (IID) as a condition of bond or probation. While a second offense is still technically a misdemeanor, the penalties are significantly harsher and the likelihood of jail time is much greater than with a first offense.
Third DWI Offense
A third DWI offense in Texas is a third-degree felony. This is the point at which a DWI charge crosses into felony territory for repeat offenders. A third-degree felony DWI carries a prison sentence of 2 to 10 years in the Texas Department of Criminal Justice, fines up to $10,000, and a driver's license suspension of up to two years. A felony conviction also carries long-term consequences that extend well beyond the sentence itself.
If you are facing a third DWI charge, contact Xavier Law Firm immediately at (281) 296-3741. The stakes at this level require experienced felony defense representation from the very beginning.
When Does a DWI Become a Felony in Texas?
A DWI can become a felony in Texas in several situations, including:
- A third or subsequent DWI offense may be charged as a third-degree felony.
- DWI with a child passenger under 15 may be charged as a state jail felony.
- Intoxication assault and intoxication manslaughter may also lead to felony charges, depending on the harm caused.
Examples of Felony DWI Charges
To put these categories in concrete terms, consider the following scenarios:
A driver with two prior DWI convictions may face a third-degree felony even if no one is injured.
A driver with no prior record who causes serious bodily injury while intoxicated may face intoxication assault charges.
If intoxicated driving causes a fatality, the driver may face intoxication manslaughter, a second-degree felony.
Felony DWI Charges in Texas Explained
Felony classifications matter because they determine the possible punishment range. For example:
- A state jail felony applies to DWI with a child passenger and carries 180 days to 2 years in a state jail facility.
- A third-degree felony applies to a third DWI offense or intoxication assault and carries 2 to 10 years in prison.
- A second-degree felony applies to intoxication manslaughter and carries 2 to 20 years in prison.
Penalties for Felony DWI in Texas
The criminal penalties for felony DWI in Texas can include prison time ranging from 180 days to 20 years, fines up to $10,000, driver’s license suspension, ignition interlock device requirements, and probation with alcohol treatment or education programs.
Additional Consequences
Beyond the courtroom, a felony DWI conviction in Texas carries consequences that can follow you for the rest of your life:
- A permanent felony record that appears in background checks for employment, housing, and professional licensing.
- Loss of the right to vote while incarcerated and on parole or probation.
- Loss of the right to possess firearms.
- Dramatically increased auto insurance premiums.
- Immigration consequences for non-citizens, including potential deportation or inadmissibility.
What Happens After a DWI Arrest in Texas?
After a DWI arrest in Texas, you will be booked and processed, and a bond will typically be set. Within 15 days of your arrest, you must request a hearing with the Texas Department of Public Safety to contest the automatic suspension of your driver's license under the Administrative License Revocation process.
If you do not request that hearing in time, your license will be suspended automatically. From there, the case moves through arraignment, pretrial hearings, and potentially a trial or plea negotiation.
The Harris County criminal court system handles a high volume of DWI cases, and outcomes can vary significantly based on which court your case is assigned to and how effectively your attorney navigates the process. Early legal representation is one of the most important factors in how these cases resolve.
When Should You Contact a DWI Defense Lawyer?
You should contact a DWI defense lawyer as soon as possible, preferably before speaking with law enforcement or prosecutors. Reach out immediately after an arrest, if you learn you are under investigation, or if you are facing a second or subsequent offense that could lead to felony charges.
How Xavier Law Firm Can Help
At Xavier Law Firm, our Houston criminal defense attorneys handle DWI cases at every level, from first-time misdemeanor charges to serious felony offenses involving injury or multiple prior convictions. We understand Texas DWI law, how Harris County prosecutors approach these cases, and what defense strategies are most effective given the specific facts of your situation.
From a personal stand point, it is our belief that every human deserves a strong legal defense. No one goes through life without making mistakes, and those mistakes shouldn’t cost you the rest of your life or the quality of it.
We also handle immigration matters, which means we can evaluate your case with a full picture of how a DWI conviction could affect your immigration status alongside your criminal exposure. We offer thorough, personalized representation and keep you informed at every stage of your case.
If you are facing DWI charges in Houston or anywhere in Harris County, do not face them without experienced legal counsel. Contact Xavier Law Firm online or call (281) 296-3741 today to schedule your consultation.
