Is a DWI a Felony in Texas?

Most DWI charges in Texas are misdemeanors. A first DWI is normally a Class B misdemeanor, and a second is a Class A misdemeanor. A DWI becomes a felony only in specific situations defined by the Texas Penal Code: a third or later offense, driving intoxicated with a child in the car, or an intoxicated-driving crash that seriously injures or kills another person.

The difference is not a technicality. A felony conviction can mean state prison instead of county jail, the loss of rights such as firearm possession while the sentence is in effect, and a permanent record that shows up on every background check.

This is a general overview of Texas law. It is not legal advice, and it is not a substitute for talking to an attorney about a specific situation.

Lea esto en español: ¿Es un DWI un delito grave en Texas?

When a DWI is a misdemeanor

• First DWI is a Class B misdemeanor under Texas Penal Code § 49.04, punishable by up to 180 days in county jail and a fine of up to $2,000. If a blood or breath test showed an alcohol concentration of 0.15 or more, the first offense is raised to a Class A misdemeanor.
• Second DWI is a Class A misdemeanor under § 49.09(a), punishable by up to one year in county jail and a fine of up to $4,000.

Neither is a felony. The prior convictions still matter, though, because they are what can turn a later DWI into one.

When a DWI is a felony

Third or subsequent DWI. Under § 49.09(b), once a person has two prior DWI-related convictions, the next DWI is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Texas does not put a time limit on how old those prior convictions can be; a conviction from decades ago can still count.

DWI with a child passenger. Under § 49.045, driving while intoxicated with a passenger younger than 15 is a state jail felony, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000, even on a first offense.

Intoxication assault. Under § 49.07, if intoxicated driving causes serious bodily injury to another person, the offense is a third-degree felony (2 to 10 years).

Intoxication manslaughter. Under § 49.08, if intoxicated driving causes another person’s death, the offense is a second-degree felony, punishable by 2 to 20 years in prison. The level rises further when the person killed was a peace officer, firefighter, or emergency medical responder acting in the line of duty.

A prior intoxication-manslaughter conviction can also raise a later DWI to a felony on its own.

Why the felony line is worth fighting over

Whether a DWI is charged or proven as a felony often turns on facts a defense attorney can contest: whether the traffic stop was lawful, whether the breath or blood testing was performed and maintained correctly, and whether the prior convictions the State is relying on are valid and properly proven. When the priors do not hold up, a case the State filed as a felony may not stay one.

Kent Starr is a McKinney DWI lawyer who defends cases across Collin County, from a first misdemeanor through felony intoxication charges. For how recent legislative changes affect DWI cases more broadly, see DWI in Texas: what the 2026 law changes mean.

If you or a family member is facing a DWI charge in McKinney or Collin County, call (214) 982-1408 for a free, confidential consultation with Kent.

This article is general legal information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney.