Is DWI a Felony or Misdemeanor in Texas for Most Drivers?
For most first-time drivers in Texas, a standard DWI is charged as a misdemeanor, not a felony, unless there are specific facts that push it over the felony line. Those facts usually include repeat DWI convictions, serious injury or death, or driving drunk with a child passenger. Understanding exactly where your case falls on that line can make a big difference in your job, your license, and your long-term record.
If you are asking yourself “is DWI a felony or misdemeanor in Texas” after an arrest in Houston or Harris County, you are not alone. The rules are mostly clear on paper, but they can feel confusing in real life when you are worried about work, your family, and what happens in court next.
Quick overview: how Texas classifies DWI charges
Texas law puts DWI in a chapter of the Penal Code that covers intoxication and alcohol-related offenses. Standard first and second DWIs are usually misdemeanors. Third and later DWIs, or cases that involve serious injury, death, or a child passenger, are usually felonies under that same chapter. The exact charge level depends on your record and the details of what the police say happened.
If you are a practical, worried provider like Mike, working construction or another hands-on job in Houston, the big questions are simple. Will this be a misdemeanor that I can work through, or a felony that could follow me for life? Will I lose my license and my job? The rest of this guide breaks those questions down into clear, concrete pieces.
For readers who like to check the law themselves, Texas Penal Code Chapter 49 (DWI statutes and definitions) is the main statute that sets out the definitions and charge levels for intoxication offenses.
Key definitions that control whether DWI is a felony or misdemeanor
Before looking at charge levels, it helps to get a few key terms straight. These definitions are what judges, prosecutors, and defense lawyers use when they decide how serious a Texas DWI charge is.
What “DWI” means under Texas law
In Texas, “Driving While Intoxicated” usually means operating a motor vehicle in a public place while:
- Not having the normal use of your mental or physical faculties because of alcohol, drugs, or a combination, or
- Having a blood or breath alcohol concentration (BAC) of 0.08 or higher.
So even if your test was below 0.08, you can still be charged based on officer observations. On the flip side, even if you felt fine, a 0.08 or higher test can be enough for the state to claim intoxication.
Misdemeanor vs felony: what is the practical difference?
Misdemeanor DWI is still serious, but it is considered a lower-level offense than a felony. Misdemeanors typically carry:
- Shorter possible jail sentences
- Lower maximum fines
- Less long-term stigma than a felony conviction
Felony DWI raises the stakes. A felony conviction can carry:
- Possible prison time instead of county jail
- Higher fines
- Long-term loss of certain civil rights
- More severe consequences for some professional licenses and jobs
If you support a family and work in a trade, a felony can make it harder to get hired, get certain security clearances, or move up in responsibility. That is why understanding where your case fits on this misdemeanor vs felony spectrum is so important from day one.
Class B misdemeanor DWI in Texas: the usual starting point
For most first-time drivers in Texas, the charge starts as a Class B misdemeanor DWI in Texas. This is the “default” level when certain aggravating factors are not present.
When a DWI is usually Class B
Typically, a DWI will be charged as a Class B misdemeanor when:
- It is your first DWI offense
- Your BAC is at least 0.08 but less than 0.15
- No accident with serious injury or death occurred
- No child passenger under 15 was in the vehicle
- You do not have certain prior intoxication-related convictions
In Harris County and surrounding counties, this is what many first-time DWI arrests turn into once filed. That does not mean it is minor, but it is not automatically a felony.
Penalties for a Class B misdemeanor DWI in Texas
A Class B misdemeanor DWI in Texas generally carries:
- 3 to 180 days in county jail
- Up to a $2,000 fine
- A driver’s license suspension ranging from 90 days to 1 year (in the criminal case)
- Possible probation, classes, community service, and ignition interlock
For you as a working provider, the real impact often looks like missed work for court dates, dealing with transportation while your license is at risk, and long-term insurance increases rather than the maximum jail number listed in the statute.
Micro-story: a typical first DWI in Houston
Imagine Mike, a construction manager in Houston who had a few drinks with coworkers after a long day. He gets pulled over on 290, does roadside tests, and blows a 0.11. No crash, no kids in the car, and no prior DWIs.
His case is filed in a Harris County criminal court as a Class B misdemeanor DWI. He is panicked about jail and his job, but in reality, his biggest early risks are his driver’s license and the long-term record if the case is not handled carefully. This is where knowing your classification and deadlines can keep one bad night from turning into years of extra trouble.
Class A misdemeanor DWI in Texas: when the risk jumps
The next step up is Class A misdemeanor DWI in Texas. This is still a misdemeanor, but it is more serious than Class B and closer to the edge of felony territory.
When does a DWI become Class A instead of Class B?
A DWI can be charged as a Class A misdemeanor when certain aggravating factors are present, such as:
- First DWI with a BAC of 0.15 or higher
- Second DWI offense (even if the BAC is below 0.15)
Those facts tell the state that the case is riskier, either because of a very high BAC or because this is not the first time you have been accused of driving while intoxicated.
Penalties for a Class A misdemeanor DWI
Class A misdemeanor DWI penalties often include:
- Up to 1 year in county jail
- Up to a $4,000 fine
- Driver’s license suspension of up to 2 years in some situations
- Longer probation, more intense conditions, and more emphasis on ignition interlock
If you are already worried about paying the mortgage and keeping your truck insured so you can get to job sites, a Class A charge can feel like a much bigger cloud hanging over your head than Class B. The potential penalties and the way employers react to a second DWI or a very high BAC can be more severe.
Felony DWI in Texas: when does a DWI cross the line?
So is DWI a felony? In Texas, certain DWI situations clearly cross the felony line. These include repeat offenses and injury-related incidents that the Penal Code specifically labels as felonies.
Felony DWI Texas third offense and beyond
One of the clearest felony triggers is a felony DWI Texas third offense. If you have two prior DWI convictions, a third DWI is usually charged as a third-degree felony. That can mean:
- 2 to 10 years in prison as a possible punishment range
- Up to a $10,000 fine
- Longer driver’s license suspensions and stricter conditions
Even if no one was hurt and there was no accident, that third conviction history alone can move the case from misdemeanor to felony. For someone in a trade, oilfield work, or any job that runs background checks, this is life-changing territory.
Injury-related DWI charges in Texas
Injury-related DWI charges Texas covers a few different crimes that can be charged as felonies:
- Intoxication assault: Causing serious bodily injury to another person while driving intoxicated
- Intoxication manslaughter: Causing the death of another person while driving intoxicated
- Injury to a child, disabled person, or elderly person while intoxicated in some circumstances
Intoxication assault is usually a third-degree felony, and intoxication manslaughter is usually a second-degree felony. These cases often draw more attention in Houston and across Texas because of the injuries involved, and they can carry higher sentencing ranges than a standard third DWI.
DWI with a child passenger
Driving while intoxicated with a child passenger under 15 in the vehicle is a separate offense that is often charged as a state jail felony. That means even a first-time DWI with no crash can become a felony if a minor child is in the car.
For a parent or caregiver, this twist can be a surprise. You might be asking “is DWI a felony or misdemeanor in Texas if I had my kid in the back seat but no one was hurt?” In many situations, the answer is that the presence of a young child bumps the case up to felony level.
Putting it together: when a first DWI becomes a felony
Most first DWIs are Class B misdemeanors. However, some first-time cases can start out as felonies because of specific facts. For a deeper dive on these edge situations, you can review a related resource on when a first DWI can become a felony in Texas and what factual triggers to watch for.
For an organized look at the main thresholds that push DWI into felony territory, including third offenses and injury cases, you can also see When a DWI becomes a felony in Texas explained for more examples.
Houston Texas misdemeanor vs felony drunk driving: what it looks like on the ground
In Houston and Harris County, the difference between misdemeanor and felony drunk driving is not just about the statute number. It affects which court your case lands in, how long it may take to resolve, and how much pressure you feel in your daily life while the case is pending.
Court process differences
- Misdemeanor DWI cases usually go through county criminal courts.
- Felony DWI cases usually go through district courts.
Felony courts often have heavier caseloads and more complex matters, which can sometimes mean longer timelines. The discovery, motions, and potential punishment hearings can all feel more intense with a felony because the stakes are higher.
If you are working long hours and trying to keep your boss from losing patience with your court schedule, knowing whether you are facing misdemeanor or felony DWI in Houston helps you realistically plan for how disruptive the process might be.
Impact on jobs and professional licenses
For many Harris County drivers, the biggest fear is not a night in jail. It is losing the ability to work. A misdemeanor DWI can still trigger employer discipline or screening issues, but employers sometimes treat a single misdemeanor, especially far in the past, as something they can work around.
A felony DWI is different. It can cut you out of certain fields entirely or keep you from advancing in roles that require trust, security clearances, or professional licensing. Even if you are in construction, oil and gas, or other blue-collar fields, client companies and large contractors often have strict policies about felonies on background checks.
ALR and your license: the 15-day deadline that surprises many drivers
Right after a Texas DWI arrest, a separate civil process called Administrative License Revocation (ALR) kicks in. This is handled through the Texas Department of Public Safety, not the criminal court. You usually have only 15 days from the date you receive notice to request a hearing.
If you miss that deadline, your license can be automatically suspended even before your criminal case is resolved. To understand the hearing process and deadlines, you can look at How to request an ALR hearing and protect your license, and see the official Texas DPS ALR program overview and hearing deadlines for the state’s explanation of how this system works.
For someone like Mike, who needs to drive to job sites all over Houston, acting within that 15-day window can be just as important as understanding whether the case is a felony or misdemeanor.
Real costs and consequences: a wake-up call for the Uninformed Young Driver (Tyler/Kevin)
Uninformed Young Driver (Tyler/Kevin): If you are in your early twenties and this is your first serious run-in with the law, it is easy to think a DWI is just a ticket. In Texas, it is not. A single misdemeanor DWI can lead to:
- Hundreds or thousands of dollars in fines and court costs
- License suspension and surcharges
- Ignition interlock fees and higher insurance for years
- Background check issues for jobs and apartments
If the facts push you into felony territory, the costs and exposure go up even more, and your record can limit options for the rest of your life. The wake-up call is simple. Take the classification and deadlines seriously now, while there is still time to protect your future.
Data and verification notes for the Analytical Planner (Daniel/Ryan)
Analytical Planner (Daniel/Ryan): If you like to verify information and see how charge levels work in real life, it helps to know a few key things. Texas labels standard first and second DWIs as misdemeanors in Chapter 49 of the Penal Code, and clearly labels third or more DWIs, intoxication assault, intoxication manslaughter, and DWI with child passenger as felonies. Court records across Texas show that many DWI filings fall into the misdemeanor category, but a significant minority become felony filings because of prior convictions or serious injury facts.
To see how these rules get applied in practice, you can compare your own situation to the examples in When a DWI becomes a felony in Texas explained, and if you prefer conversational explanations, look at tools such as Interactive Q&A: common felony vs misdemeanor DWI scenarios to test different fact patterns.
Discreet guidance for the Status-Conscious Payer (Jason/Sophia)
Status-Conscious Payer (Jason/Sophia): If your main concern is professional reputation and privacy, the misdemeanor versus felony line matters for more than just punishment ranges. Felony filings are more visible, can involve more court appearances, and often draw more attention to your name on public dockets. Even a misdemeanor can cause issues with certain employers and boards if it is not managed carefully on the front end.
What usually helps people in your position is a clear, early understanding of the charge level, likely paths to resolution, and how to minimize public exposure and unnecessary appearances. That includes being realistic about which outcomes are possible in Houston courts and how those outcomes will show up on background checks in the future.
Confidentiality and high-stakes risk for the VIP Protector (Chris/Marcus)
VIP Protector (Chris/Marcus): If you are focused on protecting a family member, executive, or athlete from public fallout, your priorities often center on confidentiality and aggressive risk control. Whether the DWI is a misdemeanor or a felony controls how much exposure you are managing. Felony-level DWI cases involving serious injuries or repeat offenses can draw more attention and longer timelines.
In this kind of high-stakes situation, the first goal is often to get a precise read on the charge classification, the strength of the state’s evidence, and the realistic range of outcomes that protect long-term reputation as much as possible. Educational pieces such as discussions on defense options for felony‑level DWI and high‑risk cases can help you understand the big-picture tools that may be available, before you discuss the specifics of any one case with a qualified Texas DWI lawyer.
Common misconception: “If no one was hurt, it cannot be a felony”
One of the most common misunderstandings in Texas is the idea that a DWI is only a felony if someone is seriously injured or killed. While injury cases like intoxication assault and intoxication manslaughter are major felony triggers, they are not the only ones. As we covered above, a third DWI, or a DWI with a child passenger under 15, can be felonies even with no accident at all.
If you are sitting at home after your arrest telling yourself “no one was hurt, so this must just be a ticket,” you may be underestimating the situation. The charge level depends on your prior record and the facts the state can prove, not just whether there was a crash.
What you can expect next in a Texas DWI case
Once you are arrested for DWI in Texas, several tracks start moving at once. Seeing these tracks clearly can reduce some of the anxiety you feel in the first few weeks.
1. Booking, release, and first settings
After arrest, you are booked, processed, and either held until a bond is set or released on bond. You then receive a first court date, often within a few weeks, in a Harris County criminal or district court depending on whether your case is a misdemeanor or felony.
2. ALR license process
Separately, the ALR process begins. If you request a hearing within the 15-day deadline, you will eventually have a separate proceeding where an administrative judge decides whether to suspend your license. Evidence such as the stop, arrest, and test can be challenged in that setting, and what comes out there can sometimes shape strategy in the criminal case.
3. Discovery and review of evidence
In the criminal case, the state provides discovery, such as police reports, video, breath or blood test data, and witness statements. Careful review of this evidence is often where the real answers to “is this case likely to stay at this charge level” start to become clear. Sometimes early review shows weaknesses that can affect whether a felony filing is appropriate or whether a misdemeanor case has proof problems.
4. Negotiation, motions, and possible trial
Over the next several months, the case may go through settings where motions are filed, evidence is tested, and negotiations occur. Some cases resolve through dismissals, reductions, or plea agreements. Others go to trial. The timeline varies, but many first misdemeanors in Harris County resolve within several months. Felony DWIs often take longer to move because the issues and stakes are greater.
Defenses and strategies that can affect misdemeanor vs felony outcomes
While this article is not about any one person’s legal advice, it helps to understand that Texas DWI cases are not simply “filed and done.” There are many issues that can affect whether the state can prove a felony charge or whether a felony can be reduced to a misdemeanor, depending on the facts.
Possible issues in the stop and arrest
- Whether there was a lawful reason to stop your vehicle
- Whether field sobriety tests were properly administered
- Whether your statements were taken in compliance with your rights
If a stop is ruled unlawful, or if critical parts of the state’s evidence are excluded, that can influence how prosecutors view the strength of both misdemeanor and felony filings.
Issues with breath or blood testing
- Whether the breath machine or blood testing equipment was properly maintained and calibrated
- Whether the chain of custody for a blood sample was intact
- Whether the sample could have been contaminated or mishandled
These technical details can play into questions like “was the BAC truly above 0.15” which matters for Class A versus Class B, or “was the level high enough to support the state’s theory in a serious injury case.”
Priors, enhancements, and charge bargaining
Alleged prior convictions and enhancement paragraphs are also important. Sometimes the question is not “did this person have prior DWIs” but “can the state prove up those priors in the way the law requires.” If not, that can affect whether a case is treated as a third-time felony DWI or as a lower-level charge.
In some cases, charge bargaining or negotiations can lead to outcomes where a case originally filed as a felony resolves as a misdemeanor, or a Class A misdemeanor is resolved with conditions that focus more on treatment and monitoring than incarceration. The exact possibilities depend heavily on facts, evidence, and the person’s history.
Frequently asked questions about is DWI a felony or misdemeanor in Texas
Is a first DWI usually a felony or a misdemeanor in Texas?
For most drivers in Texas, a first DWI is charged as a Class B misdemeanor. It typically becomes a felony only if there are special facts such as a child passenger under 15, serious bodily injury or death, or certain other aggravating circumstances. So for many first-time Houston drivers, the starting point is misdemeanor, not felony.
Can my DWI be a felony in Houston if there was no accident?
Yes, a DWI can be a felony in Houston even if there was no accident. The most common example is a third DWI, which is usually charged as a third-degree felony based on prior convictions alone. DWI with a child passenger can also be a felony without any crash or injury.
What is the difference between Class B and Class A misdemeanor DWI in Texas?
Class B misdemeanor DWI usually covers first-time cases with a BAC between 0.08 and 0.14 and no special aggravating facts. Class A misdemeanor DWI usually involves either a second DWI offense or a first offense with a BAC of 0.15 or higher. Class A carries higher possible jail time and fines than Class B.
How long do I have to fight a Texas DWI license suspension after arrest?
After a Texas DWI arrest, you normally have 15 days from the date you receive suspension notice to request an ALR hearing. If you miss that deadline, your license can be automatically suspended even if your criminal case is still pending. Acting within that short window is critical if you rely on your license for work and family responsibilities.
Does a misdemeanor DWI in Texas stay on my record forever?
In many cases, a Texas DWI stays on your record and can be seen by law enforcement and prosecutors even years later. Some people may qualify for forms of relief such as nondisclosure in certain situations, which can limit who sees the record, but that depends on the outcome and the person’s history. This is one reason why understanding your options early in the case matters.
Why acting early on a Texas DWI charge classification matters
By now, you can see that the answer to “is DWI a felony or misdemeanor in Texas” is not just a label. It shapes where your case is filed, what penalties are on the table, how employers may react, and how long the consequences can last. For someone like Mike, the real goal is to keep one mistake from turning into a long-term threat to his livelihood.
Acting early gives you the best chance to protect your license within the 15-day ALR window, understand whether your case is currently classified as Class B, Class A, or felony, and see where there may be room to challenge the evidence or limit the long-term impact. It also lets you make practical plans for work, transportation, and family while the case is pending, instead of guessing what might happen.
If you or someone you care about has been charged with DWI in Houston, Harris County, or a nearby county, it is wise to sit down with a qualified Texas DWI lawyer who can walk through your exact facts, explain where your case sits on the misdemeanor-felony spectrum, and outline realistic next steps that fit your goals and responsibilities.
For a brief, plain-language explanation of the single key mistakes that can turn a Texas DWI from a misdemeanor into a felony, you may also find this short video useful:
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