 Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |
In Texas, a DWI can be classified as either a misdemeanor or a felony, depending on the circumstances of the offense. First and second offenses are typically categorized as misdemeanors, with penalties up to 1 year in jail and a $4,000 fine. Third and subsequent offenses are treated as felonies, carrying penalties up to 10 years in prison and a $10,000 fine. See our companion piece on exactly when a DWI becomes a felony in Texas for the aggravating factors that can accelerate that escalation.
DWI Classification in Texas
In Texas, the classification of Driving While Intoxicated (DWI) is primarily based on the offender’s prior convictions and the specific circumstances surrounding the offense.
A first DWI offense is a Class B misdemeanor, carrying a maximum fine of $2,000 and a jail term not to exceed 180 days. A second offense escalates to a Class A misdemeanor, with a maximum one-year jail term and a fine not to exceed $4,000. If an individual has two or more prior DWI convictions, the offense is elevated to a third-degree felony, resulting in imprisonment ranging from 2 to 10 years and a fine up to $10,000.
Misdemeanor vs. Felony DWI
There are clear distinctions between misdemeanor and felony DWI charges in Texas:
- First and Second Offenses: Generally classified as misdemeanors, with penalties including up to one year in jail and fines up to $4,000.
- Third and Subsequent Offenses: Classified as felonies, with penalties including up to 10 years in prison and fines up to $10,000.
- BAC of 0.15% or Higher: Can enhance a first-time DWI to a Class A misdemeanor.
- DWI with a Child Passenger: A state jail felony, regardless of the number of prior offenses.
- Intoxication Assault or Manslaughter: Always felonies, resulting from serious bodily injury or death caused by DWI.
Penalties for First-Time DWI
A first-time DWI offense in Texas is a Class B misdemeanor, carrying a fine of up to $2,000 and jail time ranging from a mandatory 72-hour minimum to 180 days.
Individuals convicted of a first-time DWI also face a license suspension of 90 days to one year, participation in a DWI intervention or education program, and possible installation of an ignition interlock device. For individuals with no aggravating factors — such as a child passenger or a BAC of 0.15% or higher — penalties typically remain within this Class B misdemeanor framework. Aggravating factors, however, can escalate the charge to a Class A misdemeanor or even a felony, considerably increasing the severity of the penalties.
Factors Affecting DWI Charges
Several factors can elevate a standard DWI to a more serious charge in Texas, leading to harsher consequences:
- High Blood Alcohol Concentration (BAC): A BAC of 0.15% or higher is an aggravating factor, leading to increased penalties.
- Having a Child Passenger: Driving while intoxicated with a child under 15 in the vehicle elevates the offense to a state jail felony.
- Causing an Accident with Serious Bodily Injury or Death: Can lead to charges of intoxication assault or intoxication manslaughter, both severe felonies.
- Previous DWI Convictions: Repeat offenses significantly enhance penalties, with a third DWI treated as a third-degree felony.
- Serious Accidents: Involvement in serious accidents causing harm to others can lead to additional charges and severe penalties.
Understanding Texas DWI Laws
Texas DWI laws vary in penalties based on specific factors that can substantially alter the classification and consequences of the offense.
Classification ranges from misdemeanors to felonies depending on the number of previous offenses and the severity of the circumstances. A first offense is a Class B misdemeanor, a second is elevated to a Class A misdemeanor, and a third or more is a third-degree felony. Factors like high BAC, the presence of a child passenger, or causing an accident with serious bodily injury can lead to aggravated charges and harsher penalties beyond the base classification.
| Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |