How Many DWI is a Felony in Texas?
In Texas, a DWI (Driving While Intoxicated) conviction can be a serious offense that carries significant penalties. The severity of the penalties depends on the number of prior DWI convictions an individual has. In this article, we will explore the laws regarding DWI convictions in Texas and how many DWI convictions can be considered a felony.
First-Time DWI
For a first-time DWI offense, the penalty is typically a Class B misdemeanor. This carries a fine of up to $2,000 and a jail sentence of up to 180 days. A first-time DWI conviction will also result in a suspension of the individual’s driver’s license for a minimum of 90 days to a maximum of one year.
Second-Time DWI
A second DWI conviction within a five-year period is considered a Class A misdemeanor. This carries a fine of up to $4,000 and a jail sentence of up to one year. The individual’s driver’s license will also be suspended for a minimum of one year to a maximum of two years.
Third-Time DWI
A third DWI conviction within a 10-year period is considered a third-degree felony. This carries a fine of up to $10,000 and a jail sentence of up to 10 years. The individual’s driver’s license will also be suspended for a minimum of two years to a maximum of 10 years.
Fourth-Time DWI
A fourth DWI conviction within a lifetime is considered a second-degree felony. This carries a fine of up to $10,000 and a jail sentence of up to 20 years. The individual’s driver’s license will also be suspended for a minimum of 10 years to a maximum of life.
DWI with Child Passenger
In addition to the above penalties, if an individual is convicted of DWI and had a child passenger in the vehicle, the penalties will be enhanced. For a first-time DWI offense, the penalty is typically a Class A misdemeanor, carrying a fine of up to $4,000 and a jail sentence of up to one year. For a second-time DWI offense, the penalty is typically a second-degree felony, carrying a fine of up to $10,000 and a jail sentence of up to 20 years.
Enhanced Penalties
There are several factors that can enhance the penalties for a DWI conviction, including:
- Aggravating circumstances: If an individual is convicted of DWI and has an open container of an alcoholic beverage in the vehicle, the penalty will be enhanced.
- Child passenger: As mentioned earlier, if an individual is convicted of DWI and had a child passenger in the vehicle, the penalties will be enhanced.
- Prior felony DWI conviction: If an individual is convicted of DWI and has a prior felony DWI conviction, the penalty will be enhanced.
Consequences of a Felony DWI Conviction
A felony DWI conviction can have serious consequences, including:
- Loss of voting rights: Felony DWI convictions can result in the loss of voting rights for a period of time.
- Loss of professional licenses: Felony DWI convictions can result in the loss of professional licenses, such as a commercial driver’s license or a medical license.
- Difficulty finding employment: A felony DWI conviction can make it difficult to find employment, especially in certain industries.
- Difficulty finding housing: A felony DWI conviction can make it difficult to find housing, especially in certain areas.
Table: DWI Penalties in Texas
| DWI Conviction | Fine | Jail Sentence | License Suspension |
|---|---|---|---|
| First-Time DWI | Up to $2,000 | Up to 180 days | 90 days to 1 year |
| Second-Time DWI | Up to $4,000 | Up to 1 year | 1 year to 2 years |
| Third-Time DWI | Up to $10,000 | Up to 10 years | 2 years to 10 years |
| Fourth-Time DWI | Up to $10,000 | Up to 20 years | 10 years to life |
Conclusion
In Texas, a DWI conviction can be a serious offense that carries significant penalties. The severity of the penalties depends on the number of prior DWI convictions an individual has. For a third-time DWI conviction, the penalty is a third-degree felony, and for a fourth-time DWI conviction, the penalty is a second-degree felony. It is important for individuals to understand the laws regarding DWI convictions in Texas and the consequences of a felony DWI conviction.
