Is a DWI a Felony in Texas?

Many people know someone who has faced charges of driving while intoxicated (DWI) in Texas and moved on with their lives without too many obvious consequences. In reality, the penalties for a DWI can affect your life in many ways, and the situation becomes much more concerning if you face felony DWI charges. Felony DWIs are possible in certain situations involving aggravating factors or a history of DWI convictions. 

DWI is a serious charge, whether it is a misdemeanor or felony, and you need an Austin DWI lawyer handling your case immediately. 

Drunk Driving Can be a Felony 

DWI is one charge that can be either a misdemeanor or a felony, depending on the circumstances. There are some standards the court is required to follow when determining how a certain DWI will be classified.

A driving while intoxicated offense in Texas must be charged as a felony under the following circumstances:

• The driver caused someone to die or be severely injured
• There was a minor in the car
• The driver has already faced three previous DWIs, whether prosecuted as misdemeanors or felonies
• The driver’s blood alcohol level was greater than 0.15% (roughly double the legal limit)

First DWI in Texas

The penalty for a DWI can range from 3 to 180 days in the county jail. Community service is also an option at the judge’s discretion. Because of the tough stance Texas has on drunk driving, the fine for a first-time DWI without aggravating circumstances is $3,000. The judge can also suspend your driving privileges for up to one year.

Second DWI in Texas

The penalty for a second DWI in Texas can range from 30 to 365 days in the county jail. Community service is still an option if the judge so chooses. Up to 800 hours of community service can be mandated. The fine for a second DWI in Texas is $4,500. Your driver’s license will also be suspended for six months to two years.

Third DWI in Texas

For a third DWI in Texas, you can be sentenced to up to ten years in state prison. Alternative sentencing, like doing community service, is not an option. The fine is $10,000, which the state can garnish from your wages or seize from your bank. Additionally, you can lose your driving privileges for up to two years.

Fourth DWI in Texas

As you might expect, if you get caught driving while intoxicated a fourth time, expect a $20,000 fine. You could be sentenced to up to 20 years in federal prison. These are the penalties if you didn’t injure or kill anyone. Expect even stiffer punishment if there were aggravating circumstances. 

Felony DWI: Passenger Under 15

One of the ways a driving while intoxicated charge becomes a felony in Texas is if there is a child under 15 years of age in the car. If you get a DWI in this circumstance, you can also expect to be charged with felony child endangerment. On top of the other penalties mentioned, you can be charged from $1,000 to $2,000 per year for three years to keep your driving privileges.

Felony DWI: Multiple Convictions

Serial drunk drivers in Texas are punished severely as the state tries to crack down on unsafe roadways. With each DWI conviction, the penalties become more severe. Anyone can make a mistake, but when it becomes a pattern, the court may also mandate rehab for alcoholism and require the driver to install a breathalyzer device on the ignition. The device will not allow the vehicle to start if the driver is over the legal alcohol limit.

Felony DWI: Injuries & Death

If you’ve never heard of “Intoxication Assault” or “Intoxication Manslaughter,” these are both felonies in Texas that you can be charged with in addition to a DWI. To learn more about Texas’ drunk driving laws, review Texas penal code section 49.07. or consult with our Austin Intoxication Manslaughter Attorney

Our Austin DWI Lawyers Will Fight for You!

The Law Office of David D. White is a fierce and compassionate Austin DWI lawyer service. We handle cases like yours constantly. To see how we can help you fight the charges against you, contact our offices right away.