Special DWI Cases & High‑Risk Offenders: A Houston Guide to Felony DWI in Texas

In Texas, a DWI becomes a felony when it is a third DWI, involves serious bodily injury (intoxication assault), causes a death (intoxication manslaughter), or occurs with a child passenger under 15; commercial drivers (CDL holders) also face mandatory commercial disqualification even on a first offense. If you are a strategic professional in Houston or Harris County, understanding these triggers—plus the licensing deadlines that arrive within days of arrest—can be the difference between a controlled, data‑driven defense and lasting career damage.

This guide walks through what legally turns a Texas DWI into a felony, what happens when a DWI involves injury or a child passenger, how CDL rules raise the stakes, and how high‑profile professionals can manage risk, evidence, and reputation. It uses plain language and conservative, statute‑based ranges so you can evaluate next steps with clarity.

Overview: What elevates a DWI to a felony in Texas?

If you’re facing potential felony DWI in Texas, ask first whether any statutory “enhancers” apply. For quick orientation, see this primer on what legally turns a Texas DWI into a felony. The common pathways are:

• Third‑offense DWI (anywhere): Two prior intoxication‑related convictions can elevate a new DWI to a third‑degree felony under Penal Code 49.09.
• DWI with a child passenger: Driving while intoxicated with a passenger under 15 is a state jail felony (Penal Code 49.045).
• DWI with injury (Intoxication Assault): Serious bodily injury by reason of intoxication is a third‑degree felony, with enhancements when the injured person is a first responder or judge (Penal Code 49.07, 49.09).
• DWI causing death (Intoxication Manslaughter): Causing death by reason of intoxication is a second‑degree felony (Penal Code 49.08).

You want to know exactly which statute the charge references because penalty ranges, collateral consequences, and defense options shift with the section and degree. In Harris County courts, charging decisions follow Texas law statewide, but case handling logistics—from docket settings to available specialty programs—can vary by county.

Key definitions that drive felony exposure

“Serious bodily injury” and “by reason of intoxication”

For DWI with injury (Intoxication Assault), prosecutors must prove that serious bodily injury occurred and that intoxication caused the injury—not merely that alcohol was present. “Serious bodily injury” means a substantial risk of death, serious permanent disfigurement, or long‑term impairment. The causation element is often central to defense strategy, especially when other factors (speeding by another driver, roadway defects, mechanical failure) could have caused the harm. For statutory language, review Penal Code 49.07 on a neutral source such as the Texas Penal Code 49.07.

Child passenger under 15

DWI with child passenger is a state jail felony, even for a first DWI. “Child” means under 15. The case turns on whether the person was intoxicated while operating a motor vehicle in a public place and whether a qualifying passenger was in the vehicle. Because this charge elevates even an otherwise misdemeanor stop, early evidence review (who was in the car, age proof, seat placement, body‑cam audio) is crucial.

Two prior DWIs (or one prior intoxication manslaughter)

Two prior convictions for intoxication‑related offenses can elevate a new DWI to a third‑degree felony; one prior intoxication manslaughter can do the same. The timing and type of priors matter; the enhancement rule lives in Penal Code 49.09. This is a frequent point of confusion: the third DWI can be a felony even if the new incident had no crash or high BAC; the elevation is driven by history, not just facts of the new stop.

CDL‑specific rules

CDL holders face a separate layer of risk. A first “major offense” (such as DWI under state law, even in a personal vehicle) triggers a one‑year CDL disqualification under Texas Transportation Code 522.081—three years if transporting hazardous materials. A second “major offense” can mean lifetime disqualification, with narrow reinstatement options. See the statutory framework at Texas Transportation Code 522.081.

Misconception to avoid: “If I blew under 0.08, I can’t be charged.” In Texas, prosecutors can proceed based on loss of normal mental or physical faculties even with a BAC under 0.08. For CDL drivers operating a commercial vehicle, 0.04 is the federal per‑se threshold for disqualification, but state DWI charges still use 0.08 for adults in most non‑CMV contexts.

Penalty ranges and collateral consequences (what’s realistically at stake)

Below are conservative, statute‑based ranges frequently referenced in felony DWI matters. Your exposure depends on the exact charge, prior history, and any enhancements alleged.

• State jail felony (e.g., DWI with child passenger): 180 days to 2 years in a state jail facility; fine up to $10,000; potential driver’s license suspension; eligibility limits for probation vary by facts and history.
• Third‑degree felony (e.g., third DWI; intoxication assault): 2–10 years in TDCJ; fine up to $10,000; license suspension; ignition interlock requirements when applicable.
• Second‑degree felony (e.g., intoxication manslaughter): 2–20 years in TDCJ; fine up to $10,000; other statutory conditions may apply.

For a structured overview of misdemeanor and felony DWI outcomes, see this detailed breakdown of Texas DWI penalties and punishments. Note: sentencing in Houston and nearby counties follows state ranges but local policies, specialty dockets, and victim‑impact requirements can influence how a case is resolved.

DWI and commercial drivers (CDL): what changes for you

If you hold a CDL or work in a CDL‑adjacent role (fleet manager, safety‑sensitive logistics, refinery/plant transport), a single alcohol‑related incident can jeopardize years of training and route seniority. Two parallel systems are involved: the criminal DWI case and the administrative disqualification of commercial privileges. Under Texas Transportation Code 522.081, a first “major offense” (including a DWI in your personal vehicle) carries a one‑year CDL disqualification; it jumps to three years if hazardous materials were involved, and repeat major offenses can trigger lifetime disqualification with limited reinstatement mechanisms. Review the statute at Texas Transportation Code 522.081.

Separately, Texas’s ALR process can suspend your basic (non‑commercial) license for a test failure or refusal, which can indirectly affect CDL status. DPS explains the ALR timeline and deadlines on its Administrative License Revocation (ALR) page. The takeaway for CDL professionals is simple: day‑one decisions—including requesting the ALR hearing on time and preserving video and chemical‑test data—can determine whether you remain employable in the near term.

DWI with injury and DWI with child passenger: what prosecutors must prove

Intoxication Assault (the “DWI with injury” felony)

The State must prove: (1) operation of a vehicle in a public place; (2) intoxication; and (3) by reason of that intoxication, serious bodily injury to another. Not every crash with alcohol is an intoxication assault. Defense commonly focuses on causation (what actually produced the injury) and the medical evidence supporting “serious” injury. The statute is at Penal Code 49.07.

DWI with child passenger

This state jail felony is charged when any passenger under 15 is in the vehicle during the intoxication offense. Body‑cam and in‑car video can clarify who was in the vehicle, ages, and whether an adult was actually operating at the relevant time—issues that matter when multiple adults are present or when a stop begins after a vehicle change. Because potential penalties include confinement, judges and prosecutors scrutinize safety and supervision circumstantially (e.g., car seat use, time of day) even though those facts are not elements of the offense.

Process and deadlines: a 0–90 day roadmap after arrest in Houston/Harris County

Felony DWI cases run on two tracks from day one: the criminal case and the driver’s license (ALR) process. Here is a practical, date‑driven roadmap for the first 90 days following arrest.

1. Day 0–1: Notice and paperwork. If you failed or refused testing, the officer typically serves a “Notice of Suspension/Temporary Driving Permit” (the DIC‑25). This triggers an ALR deadline.
2. By Day 15: File the ALR hearing request. DPS must receive a timely request within 15 days of notice or the suspension starts around Day 40 after notice. See a step‑by‑step explainer on the timeline and steps for requesting an ALR hearing and DPS’s own ALR Program overview.
3. Day 1–14: Evidence preservation. Send preservation letters and subpoenas for dash‑cam, body‑cam, breath‑test maintenance logs, and lab chromatograms; ask medical providers for EMS/hospital records when a crash is alleged. Fast action guards against routine data overwrite cycles.
4. Day 15–45: ALR hearing set and discovery opens. SOAH settings often land within several weeks. Winning at ALR can keep you driving while the criminal case proceeds and may yield sworn testimony helpful to a suppression motion.
5. Day 30–60: Case audit and early motions. Expect a first setting in a Harris County felony court relatively quickly. Early, targeted motions (stop legality, probable cause for arrest, breath/blood test foundation) can shape negotiations.
6. Day 60–90: Strategy checkpoint. Reassess trial posture versus targeted reduction options based on the evidence you now possess. If you hold a CDL or a professional license, adjust priorities to address licensing timelines in parallel.

As a working professional, this timeline keeps you proactive instead of reactive. Missing the ALR window can mean an avoidable license suspension at precisely the time you need mobility for work and family.

Defense frameworks for felony DWI in Texas

Solution‑aware readers often ask, “What are the actual levers?” Think in labeled modules so you can map your facts to viable motions and negotiation themes.

1) The stop and detention

• Reason for stop: Was there a specific traffic violation or reasonable suspicion? Video compared to the narrative often exposes gaps.
• Expansion of the stop: Did officers extend the encounter without new, articulable facts? A prolonged detention can be suppressible.

2) Field Sobriety Tests (SFSTs)

• Administration and scoring: Are the HGN, Walk‑and‑Turn, and One‑Leg Stand done per NHTSA? Medical or environmental factors (boots, gravel, injuries) can invalidate scoring.
• Video alignment: Does what you see on camera match the report’s “clues” count? Inconsistencies matter.

3) Breath or blood testing

• Breath testing: Look for maintenance logs, operator certifications, and potential mouth‑alcohol issues. Temperature, breath volume, and instrument messaging can matter.
• Blood testing: Chain of custody, anticoagulant/preservative ratios, lab methods, and retrograde extrapolation are frequent battlegrounds—especially where timing between driving and draw is long.

4) Crash and causation (injury/death cases)

• Reconstruction: Speed analysis, sight lines, and third‑party negligence can provide alternate causation trajectories.
• Medical proof of “serious” injury: Imaging and specialist notes can undermine the “serious bodily injury” element when deficits resolve quickly or when the diagnosis does not meet statutory thresholds.

5) Child passenger cases

• Occupant identity and age: Confirm actual age, who was operating, and the moment of “operation.”
• Vehicle and stop timing: If the officer initiated contact after a parking maneuver or driver switch, the timeline may affect the elements of operation in a “public place.”

6) CDL overlays

• Parallel rules: Understand DOT post‑accident testing, employer reporting, and state ALR. A dismissal in criminal court does not automatically erase a CDL disqualification.
• Long‑range planning: For drivers near retirement or promotion, the goal may be minimizing commercial downtime rather than maximizing criminal‑case speed.

Micro‑story: a realistic scenario for a strategic professional

“S,” a mid‑career project manager in the Energy Corridor, was rear‑ended on I‑10 and later arrested for DWI after officers smelled alcohol. No one was seriously hurt, but a coworker’s 13‑year‑old was in the back seat—triggering a state jail felony allegation for child passenger. S’s core fear was losing a leadership track role and the ability to commute to two large sites. Within the first week, S preserved dash‑cam footage from surrounding vehicles via subpoenas, obtained pediatric age documentation (showing the passenger was actually 15), and challenged the prolongation of the stop. The child‑passenger enhancement was declined; the ALR was won when the officer failed to appear after subpoena. The criminal case still required effort, but the early, precise steps prevented an automatic license hit and removed the felony label from the discussion at work. Every fact pattern is different, but the sequence—preserve evidence, meet deadlines, narrow the issues—is constant.

For executives and other high‑profile offenders: managing discretion and media risk

If you supervise teams, report to a board, or carry public‑facing responsibilities, a DWI allegation creates two hazards: the legal case and the reputational case. In Houston, local media sometimes publish arrest lists and crash reports; early filings and court settings are public. Practical risk‑control includes:

• Information hygiene: Limit internal disclosures to need‑to‑know HR/legal contacts. Use secure, attorney‑client channels for documents and video links.
• Calendar discipline: Avoid missed settings that create public bench‑warrant entries.
• Message planning: Draft a neutral, one‑line statement for any unavoidable inquiries (“I’m addressing a pending legal matter and have no comment.”).
• Resolution targeting: Some outcomes reduce long‑term searchability. Discuss with a qualified Texas DWI lawyer which dispositions are most protective of professional reputation.

You are not just protecting your case—you are protecting leadership credibility. Use a calm, structured communication plan so the legal process does not spill into your teams or the press unnecessarily.

Quick, practical checklist for working parents

• Mark the Day‑15 ALR deadline and confirm the request was received.
• Document childcare and transportation coverage for the next 60 days to ensure court and ALR appearances do not disrupt school pickups.
• Collect health documentation if a child passenger was present (age verification, seating) to clarify facts.
• Secure temporary transportation options in case of a short suspension; discuss occupational license viability with a Texas DWI attorney.

Outcome patterns: what conservative expectations look like

For felony DWI categories, outright dismissals are less common than negotiated reductions or conditional resolutions—unless a key element (stop, intoxication proof, or causation) is successfully challenged. Where chemical tests are suppressed or video sharply contradicts the report, leverage increases. Conversely, injury cases with strong medical proof and clear causation typically narrow the negotiation window. The most reliable tactic is to build a documented merits file within the first 30–60 days so that any discussions are evidence‑driven rather than deadline‑driven.

FAQs: Top questions Houston drivers ask about Felony DWI in Texas

Is a third DWI a felony in Texas?

Yes. If you have two prior intoxication‑related convictions, a new DWI can be charged as a third‑degree felony under Penal Code 49.09. The third case does not need a crash or high BAC to be a felony; the elevation is based on prior history.

How is “DWI with injury” different from a regular DWI?

“DWI with injury” refers to Intoxication Assault: prosecutors must prove serious bodily injury and that intoxication caused it. It is a third‑degree felony with potential enhancements when certain public officials are injured. Causation and the medical record are often decisive issues.

I’m a CDL holder in Houston—will I lose my commercial license after a DWI?

CDL consequences are severe. A first “major offense,” including a DWI even in a personal vehicle, can disqualify you from operating a CMV for one year (three if hazardous materials were involved). A second major offense risks lifetime disqualification, subject to limited reinstatement rules under Texas Transportation Code 522.081.

How fast do I need to act to protect my Texas driver’s license?

Very quickly. You generally have 15 days from receiving the suspension notice to request an ALR hearing; if you do nothing, DPS suspends on or about Day 40 after notice. A timely request can keep you driving while the case proceeds and may yield discovery valuable to the criminal defense.

Can a felony DWI conviction be sealed or expunged in Texas?

Felony DWI convictions are not eligible for nondisclosure (record sealing) under current Texas law. Expunction is typically limited to dismissals, acquittals, or certain no‑bill outcomes—not convictions. Ask a Texas DWI lawyer about eligibility if your case ends without a conviction.

Secondary‑reader mini‑sections (targeted guidance)

Working-Parent Worried About License: Focus on the ALR clock and childcare logistics. Put the ALR request and first court date on a shared family calendar, arrange backup rides, and keep documentation (school schedules, medical appointments) that shows stability; judges often view reliable scheduling positively in release and compliance decisions.

Executive/Leader Needing Discretion: Emphasize confidentiality, narrow internal disclosure, and tight calendar control. Seek options that minimize public filings and reset settings that conflict with visible company events to reduce reputational noise.

High-Net-Worth Client Demanding Results: Expect direct attorney involvement at key choke points—ALR hearing, suppression motions, crash‑causation workup, and negotiations. Insist on a written litigation plan with evidence milestones and decision gates tied to specific dates.

Young & Uninformed: Two blunt facts: you likely have 15 days to request ALR or your license will suspend around Day 40, and even a first DWI can trigger thousands in fines, fees, and insurance surcharges. Missing deadlines is the fastest way to turn a manageable case into a long‑term problem.

Closing guidance: why acting early matters in felony‑risk DWI cases

Early action unlocks options: it preserves video, anchors ALR deadlines, and forces a merits‑first review instead of a calendar‑driven plea. For Felony DWI in Texas—including DWI with injury, DWI with child passenger, and DWI and commercial drivers—the first 30–60 days are where license preservation, evidence integrity, and negotiation leverage are built. A qualified Texas DWI lawyer can help you map the statutes to your exact facts and prioritize steps that protect both mobility and professional reputation.

Sources and neutral references

• Texas DPS Administrative License Revocation (ALR) overview: DPS ALR Program.
• Intoxication Assault statute text: Texas Penal Code 49.07.
• CDL disqualification framework: Texas Transportation Code 522.081.

About this educational guide

This article is informational and based on Texas statutes and publicly available agency guidance as of November 28, 2025. It does not provide legal advice for any particular case. For background on the firm’s DWI focus, see the Jim Butler professional profile and credential listing. If you are evaluating your options, consider discussing your specific facts and deadlines with a qualified Texas DWI lawyer.

Internal resources for deeper reading: what triggers a felony DWI and how ALR works in Texas—what legally turns a Texas DWI into a felony and the timeline and steps for requesting an ALR hearing.

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