When Does a DWI Become a Felony in Texas? Houston Guide to Felony DWI Charges

In Texas, a DWI becomes a felony if it is a third or subsequent DWI, if you drive while intoxicated with a child under 15 in the vehicle, if intoxication causes serious bodily injury, or if intoxication causes a death. Those situations move a case out of misdemeanor court and into felony court, with higher penalties and lasting consequences. If you were arrested in Houston or a nearby county, understanding these thresholds right now can help you protect your job, license, and family.

If you are a working parent in Harris County who just got arrested, you are not alone. This guide explains in plain steps what turns a Texas DWI into a felony, the penalties to expect, the timelines that matter, and practical defense options you can consider with a qualified Texas DWI lawyer.

Quick answer: When does a DWI become a felony in Texas?

Here are the felony triggers, explained simply, with the most common penalty ranges under Texas law:

• Third or subsequent DWI: A third DWI is usually a third degree felony. The typical statutory range is 2 to 10 years in prison and up to a $10,000 fine. Community supervision may be possible in some cases.
• DWI with a child passenger: Driving while intoxicated with a child younger than 15 in the car is a state jail felony. The range is 180 days to 2 years in a state jail facility and up to a $10,000 fine.
• Intoxication assault: If intoxication causes serious bodily injury, the charge is a felony, commonly a third degree. The range is 2 to 10 years and up to a $10,000 fine. Certain victim types or injuries can raise the degree.
• Intoxication manslaughter: If intoxication causes a death, the charge is a second degree felony with a range of 2 to 20 years and up to a $10,000 fine.

For a quick overview that pulls these rules together, see this plain-language summary on when and how a DWI becomes a felony in Texas. For the statute itself, review Texas Penal Code Chapter 49 — DWI and related offenses.

Key definitions: intoxication, BAC, and DWI with drugs

Texas defines intoxication in two main ways. First, a person is intoxicated if alcohol, a drug, or a combination causes the loss of normal use of mental or physical faculties. Second, a person is intoxicated if the alcohol concentration is 0.08 or more in breath, blood, or urine. For adults 21 and over, 0.08 is the per se number. A reading of 0.15 or higher can raise a first DWI to a Class A misdemeanor with higher penalties, but a high BAC by itself does not turn a first DWI into a felony.

DWI with drugs means any intoxicating substance can count, not just alcohol. That includes prescription medications and over the counter products if they impair your normal faculties. The key fact is impairment, not whether the drug was prescribed. If you take a sedating prescription and drive while impaired, you can face a DWI. If your case involves medications, lab work, dosage timing, and medical records often matter and can be part of a defense strategy.

Young & Unaware: Even if your BAC is under 0.08, you can still be charged if drugs or a mix of alcohol and medication left you impaired. If there is a child in your car, the charge can jump to a felony regardless of your BAC.

Houston-focused breakdown: felony DWI triggers with everyday examples

If you live and work in the Houston area, you will feel the impact of these rules at your job, in your driver’s license status, and in Harris County District Court if the case is a felony. Here is how the common felony triggers play out in real life:

Third or subsequent DWI

Two prior DWI convictions, whether from Texas or another state, generally make a new DWI charge a third degree felony. Old cases can count. Even if the prior convictions were many years ago, the third arrest can still be filed as a felony. A felony filing usually means your case goes to a Harris County District Court, not a misdemeanor county court.

Micro story: A mid-career supervisor we will call A. R. was arrested in northwest Houston after a fender bender. He had two old DWI convictions from his twenties. He had not been in trouble for more than a decade. The arrest still arrived as a felony because the law counts the prior convictions, not how many years have passed. Early in the case, his legal team focused on the stop, the accident reconstruction, and the blood test process. The outcome turned on the evidence, not the age of the priors.

DWI with a child passenger

Driving while intoxicated with a child younger than 15 in the vehicle is a state jail felony. This charge can bring collateral issues beyond the criminal case, such as reporting to child protective services and strict bond conditions while the case is pending. If police believe a child was in the car, prosecutors file this count even for first-time drivers with no record.

To learn how this particular law is applied, see a practical explainer on what Texas law says about DWI with a child passenger.

Intoxication assault

If intoxication causes serious bodily injury to another person, prosecutors can file intoxication assault. The law focuses on serious bodily injury, which includes a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. Even if the injured person does not want to press charges, the State can proceed.

Intoxication manslaughter

If intoxication causes another person’s death, prosecutors can file intoxication manslaughter. These cases are treated with intense scrutiny. Expect conditions like no alcohol, no driving without a valid permit, and ignition interlock as bond terms. Sentencing ranges are higher and the long-term impact on your life is significant.

For a deeper dive into how these thresholds are charged against high-risk drivers, see this blog’s detailed look at when DWI becomes a felony in Texas.

Penalties and timelines in Texas felony DWI cases

Penalties depend on the exact charge, any prior convictions, and the facts of your case. Here are the typical statutory ranges you will hear about in Harris County felony courts:

• Third DWI as a third degree felony: 2 to 10 years in prison, up to a $10,000 fine, potential community supervision, ignition interlock, alcohol education, and license suspensions.
• DWI with child passenger as a state jail felony: 180 days to 2 years in a state jail facility and up to a $10,000 fine.
• Intoxication assault typically third degree: 2 to 10 years and up to a $10,000 fine. Certain victim categories or injuries can raise it to a second degree with 2 to 20 years.
• Intoxication manslaughter as a second degree: 2 to 20 years and up to a $10,000 fine.

For a clear chart of misdemeanor and felony ranges, enhancements, and common conditions, review these detailed penalties and sentencing ranges for DWI offenses.

License consequences and the ALR countdown

After a DWI arrest in Texas, your driver’s license is at risk through a civil process called Administrative License Revocation. If you refused a breath or blood test, or if you provided a sample at or above 0.08, you generally have 15 days from the date you received the suspension notice to request an ALR hearing. If you miss the deadline, the suspension usually begins automatically. Typical suspension lengths for adults are 90 days to 1 year for a test failure, and 180 days to 2 years for a refusal, depending on prior ALR contacts in the last 10 years.

For the state’s explanation of how the ALR process works and how to request a hearing, read the Texas DPS overview of the ALR license process. That page confirms the 15-day window to request a hearing and outlines what happens next.

Why this matters for you: If you drive for work in Houston or commute across Harris and Fort Bend counties, even a short suspension can cost you shifts and credibility. Putting the ALR hearing on the calendar within 15 days keeps your options open and often gives your defense team access to the officer’s testimony before the criminal case reaches critical stages.

What happens if you cause an accident while drunk driving?

A crash can change everything. If police believe intoxication caused a crash that injured someone, the case can shift from a misdemeanor to intoxication assault, a felony. If a death occurred, the charge can be intoxication manslaughter. In both, investigators look at causation, not just intoxication, so accident reconstruction, roadway conditions, vehicle damage, and medical records often become central to the defense.

In Houston-area crash cases, expect more conditions at the first court appearance, more aggressive discovery, and possible no-contact orders with victims. Early preservation of vehicle data, 911 audio, surveillance video, and hospital records can be the difference between a felony conviction and a reduced outcome.

Texas DWI with child passenger: serious consequences

If a child younger than 15 was in the car at the time of the stop, the charge is a state jail felony, even if it is your first DWI. The State can add this count to a basic DWI or file it as the primary charge. Beyond the criminal case, many drivers face family stress, CPS involvement, and bond conditions like no alcohol, interlock, and supervised visitation plans while the case is pending. If this is your situation, document childcare needs, school schedules, and safe transportation options right away, since judges often ask for these details when setting conditions.

For more context written in plain language, here is a helpful guide on what Texas law says about DWI with a child passenger.

Common misconceptions that cause avoidable damage

• Myth: A first DWI with a very high BAC is a felony. Fact: A high BAC can enhance a misdemeanor to Class A, but it does not turn a first DWI into a felony by itself. Felony status comes from priors, a child passenger, or an injury or death linked to intoxication.
• Myth: Refusing the breath or blood test avoids license problems. Fact: Refusal usually triggers a longer ALR suspension if you do not win the hearing. You still face a criminal DWI case and the State can try to get a warrant for your blood.
• Myth: If the injured person does not want to press charges, the case goes away. Fact: DWI assault and manslaughter are prosecuted by the State. The case can proceed even without cooperation.
• Myth: Prescription meds make it legal to drive. Fact: Legal prescriptions can still produce a DWI if they impair your normal faculties.

Defense building blocks used in Houston felony DWI cases

You cannot control every fact, but you can control how quickly you act. Many felony DWI defenses start with these building blocks:

• The stop and detention: Was there a lawful reason to stop the vehicle, to extend the stop, or to arrest you. Body cam, dash cam, and 911 audio often answer this.
• Field sobriety testing: Were instructions correct, demonstrations clear, and surface conditions safe. Health, footwear, and lighting matter.
• Breath and blood testing: Was the machine maintained correctly. Was the blood kit sealed, stored, and analyzed per protocol. Chain of custody, anticoagulants, preservatives, and lab uncertainty can be central.
• Intoxication by drugs: If the State claims prescription drugs impaired you, dosage timing, tolerance, drug interactions, and expert interpretation of blood levels become important. Therapeutic ranges do not always equal impairment.
• Causation in crash cases: In assault or manslaughter, the State must connect intoxication to the injury or death. Skid marks, event data recorders, witness angles, and medical causation can offer reasonable doubt.
• Mitigation and alternatives: Early treatment, interlock compliance, and restitution in crash cases can affect outcomes. In some courts, those steps support community supervision or a reduced charge when the evidence allows.

What to do in the first 72 hours after a Houston DWI arrest

The first few days set the tone. Use this checklist to protect your job and your license:

• Calendar the ALR deadline: Mark the 15th day from the date you were given the suspension notice. Request the hearing before that date.
• Collect documents: Bond paperwork, temporary driving permit, tow slip, receipts, and any medical discharge paperwork if you saw a nurse or doctor. Store them in one folder.
• Preserve video: Ask your employer or nearby businesses to save any surveillance that might show your driving or the stop. Many systems overwrite in days.
• Identify witnesses: Co workers, passengers, bartenders, or event staff who saw you before driving. Write down contact information while memories are fresh.
• Secure transportation: Set up reliable rides for work and family. Judges notice proactive steps and it keeps you employed if your license is limited.
• Consult a qualified Texas DWI lawyer: Ask about ALR, bond conditions, interlock, and evidence preservation. Bring your timeline and documents to make the most of the meeting.

Short side notes for different reader needs

Analytical Professional: You want data and clear options. Focus on the statutory ranges above, the 15 day ALR deadline, and the specific lab and video evidence in your file. Many felony DWI cases resolve through motions or negotiated outcomes rather than trial, but the probability hinges on factors like stop legality, test reliability, and whether a crash injury is provable. Ask for a written plan that shows what evidence will be attacked, in what order, and when.

High-Stakes Executive: You need discretion and speed. Set expectations for limited public appearances, controlled schedules, and immediate damage control. Ask about early ALR hearing settings, voluntary interlock, verified sobriety monitoring, and narrow communications protocols so your team knows who can speak to the court and the press if needed.

Licensed Professional (nurse/teacher): You are worried about employer and licensing board rules. Keep a private HR folder. Review any duty to self-report. Many boards look for prompt compliance with bond terms, no alcohol conditions, and proof of treatment if recommended. Document work schedules to support requests for travel or testing flexibility. Confirm how an ALR suspension or occupational license will be handled for on call duties.

Well‑resourced Protector: You want the cleanest record possible. Ask about routes that can limit long term impact, like early evidence challenges, evaluation based treatment plans, and community supervision with conditions tailored to your life. In eligible cases, pretrial diversion or deferred adjudication in a related misdemeanor count may be discussed. Separately, learn what may be eligible for record sealing by nondisclosure in the future, and what will remain public by law.

Young & Unaware: Two warnings you cannot ignore. One, driving with a child under 15 while impaired is a felony even if this is your first DWI. Two, prescription meds can lead to DWI if they make you unsafe to drive. If a medicine says do not operate heavy machinery, take it seriously.

Frequently asked questions about when a DWI becomes a felony in Texas

Is a high BAC enough to make my DWI a felony in Houston?

No. A very high BAC can enhance a misdemeanor to a higher class with tougher penalties, but it does not make a first DWI a felony by itself. Felony status usually comes from priors, a child under 15 in the car, or a crash that causes serious injury or death.

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

You generally have 15 days from the date you received the suspension notice to request an ALR hearing. If you miss that deadline, the suspension usually starts automatically and is harder to undo later. Mark that date as soon as you get home from jail.

What is intoxication manslaughter in Texas?

Intoxication manslaughter is a felony charge that applies when intoxication causes a person’s death. It is commonly a second degree felony with a 2 to 20 year range and up to a $10,000 fine, along with strict conditions during the case and if placed on supervision.

Can a felony DWI ever be reduced?

Sometimes. Reductions depend on the strength of the evidence, legal issues like an unlawful stop or bad test procedure, and mitigation such as treatment and interlock compliance. Your facts drive the options, so an early evidence review matters.

How long does a DWI stay on my record in Texas?

Convictions are generally permanent. Some non convictions may be eligible for expunction, and certain resolved cases may be eligible for an order of nondisclosure that hides the record from most public checks. Ask how the exact charge and disposition affect record clearing.

Why acting early matters in Houston felony DWI cases

If your case may be a felony, the first month is often the most important. You can still be a good parent and a reliable employee while handling the case the right way. Acting early helps you meet the ALR deadline, lock in dash cam and body cam, line up treatment if needed, and show the court you take safety seriously. These steps do not guarantee an outcome, but they commonly improve your options.

For a short walkthrough of immediate steps after a Texas DWI arrest, here is a practical explainer from Butler Law that covers ALR deadlines, early evidence, and smart choices that can lower your risk of felony escalation. It is direct and easy to follow.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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