When is DWI a Felony in Texas?

Are you facing driving while intoxicated (DWI) charges in Plano, Dallas, or anywhere else in Texas? If so, you may be wondering, “Could I be facing felony charges?” It depends on the facts of your case, but it is possible. For starters, driving while intoxicated under Section 49.04 of the Texas Penal Code is typically a Class B misdemeanor when it is a first-time offense and nobody was injured or killed. However, if the driver had a blood alcohol content (BAC) of 0.15 percent or more, then DWI is a Class A misdemeanor. Penalties for a simple first-time DWI:

  • Up to a $2,000 fine
  • Up to six months in jail
  • Up to a one year driver’s license suspension
  • An annual fee up to $2,000 for three years to keep one’s driver’s license

Now, let’s take a look at when DWI turns into a felony offense under the Texas Penal Code.

  • A third DUI is a felony offense, punishable by: a $10,000 fine, 2 to 10 years in prison, up to a 2-year driver’s license suspension, and an annual fee up to $2,000 to keep one’s driver’s license.
  • Driving while intoxicated with a child passenger is a state jail felony.
  • Seriously injuring someone else as a result of DWI is charged as intoxication assault, a felony of the third degree.
  • Killing someone else by accident or mistake while driving under the influence of drugs or alcohol is called intoxication manslaughter and it’s a felony of the second degree.

After reading the above information, you should have a good idea if you’re facing felony DWI charges. In any case, you don’t want to handle your DWI alone. For a hard-hitting defense, we urge you to contact our Plano DWI defense firm. Put a top-rated firm on your side!

Call (888) 493-6529 to schedule your initial consultation!

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