When is a DWI a felony in Texas?
A Texas DWI is a felony when it is a third or subsequent offense, when someone was seriously injured as a direct result of the intoxicated driving, or when someone was killed. DWI is a wobbler offense, so a first or second is usually a misdemeanor under Tex. Penal Code §49.04, but not always.
- DWI is a wobbler: it can be charged as a misdemeanor or a felony depending on the facts.
- A third or subsequent DWI is a felony, carrying a $10,000 fine, 2 to 10 years in prison, up to two years of license suspension and a state fine of $4,500 to $6,000 under Transportation Code section 709.001.
- Seriously injuring someone while intoxicated is intoxication assault under §49.07, a third degree felony.
- Killing someone while intoxicated is intoxication manslaughter under §49.08, a second degree felony.
- For a lawful permanent resident, a felony DWI can trigger removal proceedings and bar U.S. citizenship.
Are you facing driving while intoxicated (DWI) charges in Dallas or anywhere else in Texas? If so, it’s only
natural to wonder, “When is DWI a felony?” In Texas and across the nation, DWI is referred to as a “wobbler offense,” which means it can be a misdemeanor or a felony depending on the facts of the case.
Usually, a first or even a second DWI is a misdemeanor under Section 49.04 of the Texas Penal Code, but that is not always the case. On occasion,a first DWI can be prosecuted as a felony offense. Continue reading to learn when a DWI is a felony in Texas.
A Texas DWI is a felony when:
- It is a third or subsequent DWI offense.
- Someone else was seriously injured as a direct result of the intoxicated driving.
- Someone else was killed as a direct result of the drunk or drugged driving.
The penalties for a third (felony) DWI include a $10,000 fine, between 2 and 10 years in prison, up to two years’ driver license suspension, and a separate state fine of $4,500 to $6,000 under Transportation Code section 709.001.
If you seriously injure another person while under the influence, you commit the offense of intoxication assault under Section 49.07 of the Penal Code, a felony of the third degree.
If you take someone else’s life while driving under the influence of drugs or alcohol, you can be charged with intoxication manslaughter under Section 49.08 of the Penal Code, a felony of the second degree.
To see the penalties for second and third degree felonies in Texas, click here.
If you are facing felony DWI charges and you are a lawful permanent resident
(Green Card holder), then the charges can affect your immigration status.
They can lead to removal proceedings and bar you from gaining U.S. citizenship.
Related: Effects of a Texas DWI
Common questions
Can a first DWI be charged as a felony in Texas?
On occasion, yes. A first or second DWI is usually a misdemeanor under Section 49.04, but a first offense can be prosecuted as a felony where someone was seriously injured or killed.
What are the penalties for a third DWI in Texas?
A $10,000 fine, between two and ten years in prison, up to two years of driver license suspension, and a separate state fine of $4,500 to $6,000 under Transportation Code section 709.001.
What is the difference between intoxication assault and intoxication manslaughter?
Intoxication assault under Section 49.07 applies where someone was seriously injured and is a third degree felony. Intoxication manslaughter under Section 49.08 applies where someone was killed and is a second degree felony.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.