Is a DWI a Felony in Texas?
In Texas, a Driving While Intoxicated (DWI) charge can be classified as either a misdemeanor or a felony, depending on the circumstances of the case. In this article, we will explore the specific situations in which a DWI can be considered a felony and the consequences associated with such a charge.
Is a DWI a Felony in Texas?
No
In most cases, a DWI in Texas is a misdemeanor offense. Under Texas Penal Code Section 49.04, a person commits a misdemeanor DWI if they operate a vehicle in a public place with a blood alcohol concentration (BAC) of.08 or higher, are intoxicated, or are incapacitated.
Felony DWI in Texas: When Does it Apply?
However, there are certain circumstances in which a DWI can be considered a felony in Texas:
• Third or more DWI convictions: A third or subsequent DWI conviction is considered a felony under Texas Penal Code Section 49.09(a)(2). With each subsequent conviction, the punishment increases, and imprisonment can range from 2 to 10 years.
• DWI with a child passenger: If a driver is found to have a BAC of.15 or higher and has a child under the age of 15 in the vehicle, it can be classified as a felony under Texas Penal Code Section 49.045.
• DWI with a vehicle crash: If a driver is involved in a vehicle crash and has a BAC of.15 or higher, it can be classified as a felony under Texas Penal Code Section 49.07(d).
• DWI with a prior felony DWI conviction: A person who has a prior felony DWI conviction can be charged with an additional felony DWI conviction if they are arrested and convicted of a subsequent DWI offense.
Punishment for Felony DWI in Texas
The punishment for a felony DWI in Texas varies depending on the specific circumstances of the case. A felony DWI conviction can result in:
• 2 to 10 years in prison: For a third or subsequent DWI conviction
• 180 days to 2 years in prison: For a DWI with a child passenger
• 30 days to 2 years in prison: For a DWI with a vehicle crash
• 6 months to 2 years in prison: For a DWI with a prior felony DWI conviction
Additional Consequences for Felony DWI
In addition to imprisonment, a felony DWI conviction in Texas can also result in:
• **Fine: Up to $10,000
• **License suspension or revocation: For up to 2 years
• **Community service: Up to 2,000 hours
• **Ignition interlock device: May be required for up to 2 years
• **Treatment programs: Mandatory attendance in a treatment program
Conclusion
While a DWI is usually considered a misdemeanor offense in Texas, there are circumstances in which it can be classified as a felony. Understanding the specific laws and penalties associated with a DWI can help individuals plan their defense and navigate the legal system. If you have been arrested for DWI in Texas, it is essential to consult with an experienced attorney who can help you understand your legal options and protect your rights.
Table: Classification of DWI in Texas
| Classification | BAC Threshold | Punishment |
|---|---|---|
| Misdemeanor DWI | .08 or higher | Up to 1 year in prison, fine up to $2,000 |
| Felony DWI – Third or subsequent conviction | N/A | 2 to 10 years in prison, fine up to $10,000 |
| Felony DWI – DWI with child passenger | .15 or higher | 180 days to 2 years in prison, fine up to $10,000 |
| Felony DWI – DWI with vehicle crash | .15 or higher | 30 days to 2 years in prison, fine up to $10,000 |
| Felony DWI – Prior felony DWI conviction | N/A | 6 months to 2 years in prison, fine up to $10,000 |
Recommended Reading
- Texas Penal Code Section 49.04 – Misdemeanor DWI
- Texas Penal Code Section 49.09 – Felony DWI
- Texas Penal Code Section 49.045 – DWI with child passenger
- Texas Penal Code Section 49.07 – DWI with vehicle crash
