All drivers know that drinking and driving is against the law, but many motorists still do it anyway. Many drivers do not think about the penalties they could face.
A driving while intoxicated (DWI) charge is typically a misdemeanor charge in Texas, but it can become a felony under certain circumstances. In Texas, a felony DWI is considered one of the most serious driving offenses. Unlike misdemeanor DWIs, felony DWIs usually apply when the incident involves repeat offenses or causes serious injury or death.
What Causes a Felony DWI Charge?
DWI charges are typically misdemeanors, so what makes them felonies? Under Penal Code Chapter 49 of the Texas Constitution and Statutes, a DWI can be charged as a felony under these circumstances:
- Third or subsequent offense: A third DWI within 10 years is automatically a third-degree felony.
- Serious bodily injury or death: If a DWI causes serious bodily injury to another person, it can be charged as a second-degree felony.
- Prior felony DWI conviction: A prior felony DWI conviction increases the severity of subsequent charges. It does not matter when the conviction occurred. Texas considers all prior DWIs when counting the third or subsequent DWI. Some states limit the look-back period to a certain number of years, but Texas does not have a look-back limitation. Also, a DWI is a third-degree felony if it is shown that the person has previously been convicted two times of any other offense relating to one of the following:
- Operating a motor vehicle while intoxicated
- Operating an aircraft while intoxicated
- Operating a watercraft while intoxicated
- Operating or assembling an amusement ride while intoxicated
- Child passenger: Driving intoxicated with a child under the age of 15 in the vehicle can result in felony charges.
Penalties for Felony DWIs
Texas felony DWI penalties vary depending on the degree of the felony.:
- Third-degree felony: Most common for repeat offenders. May also include mandatory ignition interlock devices and alcohol education programs.
- Second-degree felony: Usually applied when an accident seriously injures someone. Penalties are harsher due to the impact on victims.
- First-degree felony: Reserved for cases where the DWI results in death or extreme harm. Courts treat these very seriously with long sentences and strict supervision.
Also, laws changed in Texas in September 2025. A second DWI, previously a Class A misdemeanor, can become a state jail felony. In addition, high BAC offenses may be upgraded to a state jail felony.
| Type of felony | Prison term | Fine | |
| Third-degree felony | 2 to 10 years | Up to $10,000 | |
| Second-degree felony | 2 to 20 years | Up to $10,000 | |
| First-degree felony | 5 to 99 years or life | Up to $10,000 |
Additional consequences may include:
- Driver’s license suspension (often for several years).
- Mandatory community service or alcohol treatment programs.
- Probation or parole conditions restricting driving or alcohol use.
- Long-term criminal record impacts employment, housing, and professional licensing.
Penalties may increase if:
- The offender had a very high blood alcohol concentration (BAC).
- The DWI occurred while on parole or probation.
- The driver caused a high-speed crash or multiple injuries.
Felony DWI charges in Texas are treated harshly because they reflect repeated dangerous behavior or endangerment of others’ lives. Even a single felony DWI conviction can have lifelong consequences, making immediate legal representation essential. Because of this, seeking legal help from an experienced attorney is crucial.
How Felony DWI Charges Can Affect Your Future
Facing a felony DWI in Texas can have serious consequences that extend far beyond the courtroom. Unlike a misdemeanor, a felony DWI leaves a long-term mark on your criminal record and can affect many areas of your life. Here is a detailed look at how a felony DWI can impact your future:
- Criminal record and reputation. A felony DWI is part of your permanent criminal record. This record can be viewed by employers, landlords, and professional licensing boards. It can affect your personal reputation, particularly if your career involves trust or public responsibility. Even after serving your sentence, the felony label can remain a barrier for years.
- Employment and career opportunities. Many employers conduct background checks before hiring. A felony DWI can limit job opportunities, especially in fields such as law enforcement, education, healthcare, and finance. It can disqualify you from federal or state employment and affect promotion eligibility or professional certifications.
- Driving privileges. Felony DWIs often result in long-term or permanent driver’s license suspension. There may be mandatory ignition interlock devices in place when driving is allowed. There could also be restrictions on professional driving jobs. Losing driving privileges can affect your independence, commute, and income.
- Financial implications. A felony DWI can create significant financial strain. Court fines and fees can reach tens of thousands of dollars. You may experience increased insurance rates or an inability to obtain auto insurance. There will also be legal fees for defense, appeals, or post-conviction motions. The financial burden can continue long after serving a sentence.
- Housing and rental restrictions. Landlords often conduct background checks and may deny rental applications if a felony is present on your record. This can limit housing options and make securing stable housing more difficult.
- Immigration consequences. For non-U.S. citizens, even a single felony DWI can complicate immigration status permanently. A felony DWI can have severe immigration repercussions, including:
- Deportation or removal proceedings.
- Ineligibility for visas, green cards, or naturalization.
- Barriers to re-entry into the United States.
- Personal relationships and family impact. A felony DWI can affect:
- Custody or visitation rights in family law cases.
- Relationships with friends, family, and the community.
- Your ability to serve as a role model for children or dependents.
Contact Us Today
A felony DWI charge comes with high stakes. A person can face hefty fines and decades in prison for such a crime.
Law enforcement and prosecutors take a zero-tolerance approach to drunk driving. Contact a Denton DWI attorney from Sanjay Biswas Attorney At Law for assistance with all sorts of misdemeanor or felony charges. To schedule a consultation, call (940) 353-1334 or fill out the online form.
