Texas DWI 101: Know The 4 Types Of DWI Felony Before Traveling To Texas 


Did you know that drunk driving is one of the many causes of road accidents across the US? It has been a pressing problem for decades. Even though a lot of drivers are driving carefully and are abides traffic law, there are still some who drives carelessly, and this causes damages not only to properties but to humans as well.

Furthermore, the worst thing that could happen is that the ones who get injured or killed during these accidents are people who are innocents. It s the reason why a lot of states impose stricter laws and regulations about drunk driving to lessen these kinds of incidents. 

Moreover, a lot of people want to know if is a dwi a felony in texas? When you get charged for Driving While Intoxicated (DWI) in Texas, the punishment may be simple, especially if it is your first time, and there are no damages. It is called a misdemeanor. But there are also four instances in the state of Texas where a DWI charge becomes a felony, so it is recommended to be knowledgeable about these before traveling to Texas.

DWI Third

It is the most common type among the four charges when it comes to DWI. However, this only happens if you already have two prior DWI charges in your police record. Also, one must take note that there will be specific changes when it comes to DWI third. Before, if the last DWI charge was ten years ago before your third DWI, then it will be considered as a new charge and treated as a Class B Misdemeanor. The lawmakers made it ten years from the date the accused got released from DWI charges. However, today that law was abolished, and the government implemented that all DWI charges in the past get counted. They even also included the ones that you have committed in other states. 

DWI with Child Passenger


One of the most recent types of DWI felony is drunk driving with a child passenger. The new law is under Section 49.045 of the Penal Code that states that even a first time DWI can turn into a felony if a child is present inside the vehicle. It will fall under a state jail felony. It means that it won’t matter whether it is your very first time to get charged for DWI, as long as there is a child involved, it will automatically turn into a felony.

Intoxication Assault

On the other hand, intoxication assault is under Section 49.07 of the Texas Penal Code. The DWI will be counted as a felony as long as you drunk drive and caused road accidents and injuries to people. However, not all instances of intoxication assault may not continue as a felony. If in the court you prove that your intoxication was not the cause of the accident or injury, then it will not fall under a felony.

Intoxication Manslaughter

The worst DWI felony that can be charged to you is the intoxication manslaughter. Under the Penal Code in Section 49.08.; it happens when your drunk driving resulted in the death of someone. It usually involves tedious processes and hearings before the conviction.

If you are still confused if is a dwi a felony in texas? Do not hesitate to visit this office so we can help you out.