Is DWI a Felony in Texas? Understanding the Charges and Penalties
While DWI in Texas is typically charged as a misdemeanor, there are circumstances that lead to felony DWI charges. 1. If you have two previous DWI convictions, a 3rd or later DWI is charged as a felony. 2. Intoxication assault can be charged with 3rd degree felony if the driver caused serious injury to another 3. If a person dies as a result of the DWI, Intoxication Manslaughter is a second degree felony 4. DWI with child passengers can be charged as a State Jail Felony.
Note: A Very high blood alcohol concentration can elevate a charge to a class A misdemeanor, but a high BAC alone will not result in a felony.
A felony DWI arrest should be taken very seriously, as jail time or other harsh penalties may incur. If you are facing a DWI charge in Central Texas, please reach out to ATX Legal for a free consultation with a criminal defense attorney..
What Constitutes a DWI Felony?
A DWI arrest in Texas can be a felony charge, especially for third-time offenders or those involved in assault and manslaughter.
A DWI is considered a felony when a driver has 2 or more prior DWI convictions or if there is a child passenger younger than 15 years of age.
A DWI can also be a felony conviction if the case results in serious bodily injury or death.
Definition of “Intoxicated” for a Texas DWI Offenses
A person is intoxicated when they do not have the normal use of their mental or physical faculties.
Intoxication can be caused by alcohol, a controlled substance, or a combination of substances.
A commercial vehicle DWI lowers the legal limit to 0.04%.
Definition of a “Motor Vehicle” for a Texas DWI Charge
A motor vehicle means a device in, on, or by which a person or property is transported or drawn on a highway.
The device does not have to be street-legal or have a specific type of engine or transmission.
A DWI in Texas can be charged if the driver is operating a motor vehicle in a public place.
Definition of “Operating” a Motor Vehicle for a Texas DWI Conviction
The prosecution must have evidence that the person was operating the motor vehicle.
Operating a motor vehicle can be problematic if no one saw the person driving or if the person was only sleeping in the vehicle.
A DWI in Texas can be a felony charge if the driver is operating a motor vehicle with a child passenger under 15 years old.
When Can You Be Charged with a Felony DWI in Texas?
Texas DWI charges can be elevated from a misdemeanor DWI to felony charge if the driver has 2 or more prior DWI convictions.
A DWI in Texas can be a felony charge if the case results in serious bodily injury or death.
A DWI in Texas can be a felony charge if the driver is operating a motor vehicle with a child passenger under 15 years old.
DWI with a Passenger Under 15 Years Old
Even first-time DWI offenders can be charged with a felony in a Texas DWI case if they were driving while intoxicated with a passenger under 15 years old.
The penalties for this include fines, prison time, and community service.
A DWI in Texas with a child passenger under 15 years old can result in a state jail felony charge.
DWI with Multiple Past Convictions
For a third or subsequent DWI, you will be facing a felony DWI charge.
Felony DWIs in Texas are punished by a fine not to exceed $10,000, prison time of up to 10 years, and community service of up to 800 hours.
You may also be required to install an ignition interlock device that prevents you from driving while intoxicated.
DWI Associated with Severe Injuries
If you are charged with a DWI in and there was an accident that caused significant harm to someone, you could be facing felony charges even if it is your first offense.
A DWI in Texas associated with severe injuries can result in a third-degree felony charge.
Intoxication Assault
Intoxication assault charges result when a driver causes serious bodily injury with their in the course of driving while intoxicated.
This is a third-degree felony in Texas, and you may be fined up to $10,000 and face prison time from 2 to 10 years.
You may also be required to serve 160 to 600 hours of community service.
Intoxication Manslaughter
Intoxication manslaughter is accidentally causing someone’s death due to driving while intoxicated.
It is a second-degree felony, and punishment may include a fine of up to $10,000 and a prison sentence from 2 to 20 years.
You may also be required to serve from 240 to 800 hours of community service.
DWI with Serious Bodily Injury
A DWI in Texas associated with severe injuries can result in a third-degree felony charge.
The penalties for this include fines, prison time, and community service.
Penalties for Felony DWI Convictions
A DWI in Texas can result in significant punishments, including fines and imprisonment.
The charges and punishments for a DWI vary depending on the circumstances of the offense and prior convictions.
Third Degree Felony Penalties
A third-degree felony in Texas is punishable by a fine not to exceed $10,000, prison time of up to 10 years, and community service of up to 800 hours.
Additional Texas DWI Penalties
Beyond the above penalties, you can face additional Texas DWI penalties, including loss of driver’s license, ignition interlock device, and DWI intervention or education programs.
A DWI in Texas can result in a permanent criminal conviction.
The length of the suspension varies depending on the circumstances of the offense and prior convictions.
Can I lose my License after a Felony DWI?
Yes, you can lose your driver’s license after a felony DWI conviction.
For a third DWI, you will likely lose your license for between one and two years.
Losing your driver’s license can inflict unnecessary stress on you and your loved ones.
Defenses and Expungement
A DWI in Texas can be defended with the help of an experienced DWI lawyer.
A DWI conviction in Texas can be sealed in some cases, but this does NOT apply to felonies.
Can a Felony DWI Be Expunged in Texas?
DWI convictions in Texas are not eligible for expungement.
However, if the charges against you were dismissed, your record may be eligible for expunction.
Consequences of a Felony DWI Conviction
A DWI in Texas can have serious collateral consequences, including effects on child custody, job loss, and professional licenses.
A felony DWI conviction can result in a permanent criminal conviction.
A DWI felony conviction in Texas can have a significant impact on your life and future.
A DWI in Texas can result in a driver’s license suspension.
Working with a DWI Lawyer
A DWI in Texas can be defended with the help of an experienced DWI lawyer.
A DWI lawyer can help you navigate the legal process and develop a defense strategy.
Do I Need a Lawyer for a DWI in Texas?
Yes, every person charged with DWI in Texas needs a lawyer.
It is not advised for anyone to face a DWI charge in Texas without a lawyer as the consequences are too costly.
Contact a Qualified DWI Lawyer Today
ATX Legal can help with your DWI defense.
Contact a lawyer today to schedule a confidential case evaluation and discuss your case’s possible strategy.