Is a DWI a felony in Texas? The answer depends on specific circumstances surrounding your case. These include prior convictions, aggravating factors, and whether anyone was injured. Most first-time DWI offenses in Texas are classified as misdemeanors. However, certain situations can elevate these charges to felony level.Felony DWI charges carry severe penalties. These include years in prison, substantial fines, and long-lasting consequences for your future. Understanding when DWI charges become felonies helps protect your rights and freedom. Additionally, knowing your defense options can make a critical difference in your case. 
Intoxication manslaughter represents the most severe DWI-related charge in Texas. Courts classify this as a second-degree felony when someone’s intoxicated driving causes another person’s death. Penalties include two to twenty years in prison and fines up to $10,000. This makes intoxication manslaughter among the most serious criminal charges in the Texas Penal Code.The prosecution must establish that the defendant was operating a vehicle while intoxicated. They must also prove that this intoxication was a proximate cause of the victim’s death. Unlike violent crimes charges, intoxication manslaughter does not require proof of intent to cause death. Instead, it focuses on the causal relationship between intoxication and the fatal outcome.DWI causing death felony cases often involve complex accident reconstruction, medical testimony, and extensive investigation. Our firm’s experience includes successfully challenging the state’s evidence regarding causation and intoxication levels. This sometimes results in reduced charges or case dismissals.
Table Of Contents
When Does a DWI Become a Felony in Texas?
Under Texas Penal Code Chapter 49, driving while intoxicated typically begins as a Class B misdemeanor for first-time offenders. However, Texas law recognizes four specific scenarios that automatically elevate DWI charges to felony status. Each scenario carries significantly harsher penalties than standard misdemeanor DWI.The four circumstances that transform a DWI into a felony include:- A third or subsequent DWI offense
- Driving while intoxicated with a child passenger under 15 years old
- Intoxication assault (causing serious bodily injury)
- Intoxication manslaughter (causing death)
Third Offense DWI: Automatic Felony Enhancement
Texas felony DWI laws treat a third DWI offense as a third-degree felony. This applies regardless of how much time has passed between convictions. This enhancement applies even if your blood alcohol concentration barely exceeded the legal limit of 0.08%. Prior DWI convictions from other states count toward this enhancement. Therefore, understanding your complete driving history becomes important when facing charges.A third-degree felony DWI carries penalties of two to ten years in prison and fines up to $10,000. Additionally, you face driver’s license suspension for 180 days to two years. Other consequences include mandatory installation of an ignition interlock device and potential community service requirements. The felony conviction creates a permanent criminal record that cannot be sealed or expunged.Recent case results from My Dallas Criminal Lawyer demonstrate that repeat DWI offender laws can be successfully challenged. Our firm has achieved favorable outcomes by examining the validity of prior convictions. We also challenge the admissibility of evidence and identify procedural errors that may have occurred during previous cases.DWI with Child Passenger Under 15
Driving while intoxicated with a child passenger under 15 years old constitutes a state jail felony under Texas law. This applies even for first-time offenders. This enhancement reflects the state’s commitment to protecting children from the dangers of impaired driving. The penalties include 180 days to two years in state jail, plus fines up to $10,000.The presence of a child passenger under 15 transforms what would otherwise be a misdemeanor into a felony charge. This applies regardless of your prior driving record. This enhancement applies whether the child is your own, a relative, or any minor under your care. The prosecution must prove both intoxication and the presence of the child passenger to secure a conviction under this statute.Defense strategies for DWI with child passenger felony charges often focus on challenging the evidence of intoxication. We also question the accuracy of field sobriety tests and examine whether proper procedures were followed during the arrest. Our criminal defense attorneys have successfully defended clients by demonstrating that blood alcohol testing was conducted improperly. We also show when constitutional violations occurred during the traffic stop.Intoxication Assault: When DWI Causes Serious Injury
Intoxication assault occurs when someone operating a vehicle while intoxicated causes serious bodily injury to another person. This third-degree felony carries penalties of two to ten years in prison and fines up to $10,000. The key element prosecutors must prove is that the defendant’s intoxication was the proximate cause of serious bodily injury to the victim.Texas law defines “serious bodily injury” as injury that creates a substantial risk of death. It also includes injury that causes serious permanent disfigurement or protracted loss or impairment of bodily function. This definition covers a wide range of injuries. These range from broken bones requiring surgery to traumatic brain injuries with lasting effects.Beyond criminal penalties, intoxication assault charges often trigger civil liability lawsuits from injured parties. These parties seek compensation for medical expenses, lost wages, and pain and suffering. The felony conviction can be used as evidence in civil proceedings. Therefore, effective criminal defense becomes crucial for protecting both your freedom and financial future.Intoxication Manslaughter: The Most Serious DWI Felony
Intoxication manslaughter represents the most severe DWI-related charge in Texas. Courts classify this as a second-degree felony when someone’s intoxicated driving causes another person’s death. Penalties include two to twenty years in prison and fines up to $10,000. This makes intoxication manslaughter among the most serious criminal charges in the Texas Penal Code.The prosecution must establish that the defendant was operating a vehicle while intoxicated. They must also prove that this intoxication was a proximate cause of the victim’s death. Unlike violent crimes charges, intoxication manslaughter does not require proof of intent to cause death. Instead, it focuses on the causal relationship between intoxication and the fatal outcome.DWI causing death felony cases often involve complex accident reconstruction, medical testimony, and extensive investigation. Our firm’s experience includes successfully challenging the state’s evidence regarding causation and intoxication levels. This sometimes results in reduced charges or case dismissals.
