Is DWI a Felony in Texas?

A DWI is not automatically a felony in Texas. A standard first DWI is generally a Class B misdemeanor, and a qualifying second DWI is generally a Class A misdemeanor.

A DWI can become a felony when specific facts or prior convictions apply. Examples include a child passenger younger than 15, qualifying prior intoxication convictions, DWI in a school crossing zone while the reduced speed limit applies, serious bodily injury, or death.

The Texas Penal Code Chapter 49 contains the primary Texas DWI offenses and enhancement rules.

When Does DWI Become a Felony in Texas?

DWI allegation	General classification
Standard first DWI	Class B misdemeanor
DWI with alcohol concentration of 0.15 or higher	Class A misdemeanor
Second qualifying DWI	Class A misdemeanor
DWI in a qualifying school crossing zone	State jail felony
DWI with a passenger younger than 15	State jail felony
DWI with qualifying prior convictions under §49.09	Third-degree felony
Intoxication assault	Generally third-degree felony
Intoxication manslaughter	Generally second-degree felony

Under Texas Penal Code Chapter 12, a state jail felony generally carries 180 days to two years in a state jail, a third-degree felony generally carries two to ten years in prison, and a second-degree felony generally carries two to twenty years. Each can also carry a fine of up to $10,000.

Is a First DWI a Felony in Texas?

Usually, no. Under Texas Penal Code §49.04, a standard first DWI is generally a Class B misdemeanor. But a first DWI can still become a felony if another statutory circumstance applies.

DWI With a Child Passenger

Texas Penal Code §49.045 makes DWI with a passenger younger than 15 a state jail felony. No prior DWI conviction is required.

DWI in a School Crossing Zone

Current Texas law also makes DWI a state jail felony when a person operates a motor vehicle while intoxicated in a school crossing zone during the time the reduced speed limit applies. This provision became effective September 1, 2025.

For someone dealing with an initial arrest, the firm's first-time DWI guide for Montgomery County explains what can happen with the criminal case and driver's-license process soon after an arrest.

Is a DWI With a BAC of 0.15 a Felony?

No. A reported alcohol concentration of 0.15 or higher does not make a Texas DWI a felony by itself.

Under §49.04, a DWI involving an alcohol concentration of 0.15 or higher at the time the analysis was performed is generally a Class A misdemeanor.

Another circumstance could independently make the same case a felony. Examples include a child passenger, qualifying prior convictions, a qualifying school-zone allegation, or serious bodily injury.

Is a Second DWI a Felony in Texas?

Generally, no.

Texas Penal Code §49.09 generally increases a qualifying second DWI to a Class A misdemeanor.

The case can become a felony when the State proves the qualifying prior convictions required by §49.09 or another independent felony circumstance applies.

Is a Third DWI a Felony in Texas?

A DWI can become a third-degree felony when the State proves the qualifying prior convictions described in §49.09. This commonly involves two qualifying prior intoxication-related convictions.

A third-degree felony ordinarily carries two to ten years in prison and a possible fine of up to $10,000.

Prior arrests are not the same as qualifying convictions. When criminal history is being used to elevate a DWI to felony status, the underlying conviction records may need to be examined to determine whether they satisfy the enhancement statute.

Can a DWI Accident Become a Felony?

Yes, but a crash alone does not automatically make DWI a felony.

Intoxication Assault

Texas Penal Code §49.07 generally makes intoxication assault a third-degree felony when, by reason of intoxication, a person causes serious bodily injury to another while operating a motor vehicle in a public place.

The State must prove more than intoxication and the existence of an injury. The required causal connection and the statutory definition of serious bodily injury also matter.

Intoxication Manslaughter

Texas Penal Code §49.08 generally makes intoxication manslaughter a second-degree felony when a person, by reason of intoxication, causes another person's death by accident or mistake.

Causation matters in both offenses. Crash evidence, medical records, witness statements, and accident reconstruction may therefore become important.

Can a Felony DWI Be Reduced or Dismissed?

Possibly, but there is no automatic right to a reduction or dismissal.

The first question is why the case is classified as a felony. If felony status depends on prior convictions, passenger age, a school-zone allegation, serious bodily injury, or causation, the State must prove the facts required for that enhancement.

Issues may arise if:

• A prior conviction does not legally qualify.
• The passenger was not younger than 15.
• The school-zone provision does not apply.
• The injury does not satisfy the statutory definition.
• The evidence does not establish the required causal connection.

The underlying DWI evidence can also matter. A defense review may examine the legality of the traffic stop, body-camera footage, field sobriety testing, breath or blood testing, warrants, and laboratory records.

For Montgomery County cases, the firm's page on DWI defense in Montgomery County explains the types of evidence and procedural issues that may need to be examined in a DWI prosecution.

A charge being filed as a felony does not mean that every element or enhancement has already been proven.

What Happens to Your Driver's License?

A DWI arrest can also create a separate driver's-license case.

The Texas DPS Administrative License Revocation program is a civil process that operates separately from the criminal DWI prosecution.

In many cases, a driver has 15 days from service of the suspension notice to request an ALR hearing. Certain mailed notices following blood testing use a different 20-day request period.

Refusing a requested breath or blood specimen does not by itself turn a misdemeanor DWI into a felony. It can, however, create separate driver's-license consequences.

Because those deadlines can arise before the criminal case is resolved, the firm's Texas DWI ALR hearing guide explains how the administrative process works and why the hearing deadline matters.

Other Consequences of a Felony DWI

A felony DWI can affect more than the potential prison sentence.

Depending on the charge and final disposition, consequences may involve:

• Community supervision.
• Ignition-interlock requirements.
• Driver's-license restrictions.
• Employment concerns.
• Professional licensing.
• Criminal background checks.

The practical effect depends on the person's occupation, licensing status, criminal history, and final disposition of the case.

What Evidence Matters in a Felony DWI Case?

A felony DWI case may require review of both the underlying intoxication allegation and the fact that allegedly makes the charge a felony.

Relevant evidence can include:

• Body-camera and dash-camera footage.
• Police reports.
• Breath or blood records.
• Laboratory documentation.
• Search warrants.
• Witness statements.
• Medical and crash evidence.
• Prior-conviction records.
• Evidence of a passenger's age.
• Evidence concerning an alleged school-zone offense.

The felony label does not eliminate the State's burden of proof. The prosecution still has to establish the required elements and any enhancement under Texas law.

Facing a Felony DWI Charge in Montgomery County?

Whether a DWI is a misdemeanor or felony depends on the applicable statute, prior convictions, and facts alleged.

Someone facing a DWI charge in Conroe or elsewhere in Montgomery County may need to address the criminal accusation, the alleged felony enhancement, and time-sensitive driver's-license issues at the same time.

The Law Office of Timothy Rose represents people facing DWI charges in Montgomery County. If you have been arrested or charged, call (936) 777-4891 to discuss the circumstances of the case.

This article provides general information about Texas law. It is not legal advice and does not create an attorney-client relationship.