How Many DWIs is a Felony in Texas?
In Texas, driving while intoxicated (DWI) is a serious offense that can have severe consequences. While a first-time DWI is typically a misdemeanor, subsequent offenses can escalate to felony charges. But how many DWIs is a felony in Texas? In this article, we’ll explore the laws and penalties surrounding DWIs in Texas, including when a DWI becomes a felony.
First-Offense DWI: Misdemeanor
A first-offense DWI in Texas is typically a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- A fine of up to $2,000
- Community service
- License suspension for 90 to 180 days
- Ignition interlock device (IID) installation for up to 2 years
Subsequent Offenses: Felony DWI
However, subsequent DWI offenses can become felony charges, depending on the circumstances. Here are the guidelines:
- Second DWI within 10 years of the first: A second DWI offense within 10 years of the first offense is a Class A misdemeanor, punishable by:
- Up to 1 year in jail
- A fine of up to $4,000
- Community service
- License suspension for 1 to 2 years
- IID installation for up to 2 years
- Third DWI within 10 years of the first: A third DWI offense within 10 years of the first offense is a State Jail Felony, punishable by:
- 180 days to 2 years in a state jail facility
- A fine of up to $10,000
- Community service
- License suspension for 2 to 3 years
- IID installation for up to 2 years
- Fourth or subsequent DWI within 10 years of the first: A fourth or subsequent DWI offense within 10 years of the first offense is a Third-Degree Felony, punishable by:
- 2 to 10 years in prison
- A fine of up to $10,000
- Community service
- License suspension for 3 to 5 years
- IID installation for up to 2 years
Enhanced Penalties for Felony DWI
In addition to the above penalties, a felony DWI conviction in Texas can also result in:
- Enhanced penalties for high BAC: If your BAC is 0.16 or higher, you may face enhanced penalties, including longer prison sentences and higher fines.
- Aggravating circumstances: If you were involved in a crash that caused serious injury or death, you may face additional charges and penalties.
- Community supervision: You may be placed on community supervision, which requires you to report to a probation officer and follow specific rules and conditions.
DWI with a Child Passenger
If you are convicted of DWI with a child passenger under the age of 15, you may face additional penalties, including:
- Enhanced penalties: You may face longer prison sentences and higher fines.
- Community supervision: You may be placed on community supervision, which requires you to report to a probation officer and follow specific rules and conditions.
- Child endangerment charges: You may face child endangerment charges, which can result in additional penalties and fines.
DWI and Commercial Vehicles
If you are convicted of DWI while operating a commercial vehicle, you may face additional penalties, including:
- Commercial driver’s license (CDL) suspension: Your CDL may be suspended for a period of time or revoked.
- Enhanced penalties: You may face longer prison sentences and higher fines.
- Community supervision: You may be placed on community supervision, which requires you to report to a probation officer and follow specific rules and conditions.
Conclusion
In Texas, the number of DWIs that constitutes a felony offense is determined by the number of prior DWI convictions and the time period between those convictions. A second DWI within 10 years of the first is a Class A misdemeanor, while subsequent offenses can escalate to felony charges. It’s essential to understand the laws and penalties surrounding DWIs in Texas to avoid severe consequences. If you’ve been charged with DWI, it’s crucial to consult with an experienced attorney to ensure you receive the best possible outcome.
