Is a DUI a Felony in Texas? DWI Law Consequences & Options

Driving Under the Influence (DUI) charges are serious, and in Texas, they come with significant legal implications. Whether you’re a Texas resident or simply passing through, it’s crucial to understand the severity of a DUI charge, especially when it comes to determining whether it’s classified as a felony. In this article, we’ll break down the factors that can influence whether a DUI charge in Texas is a felony, and what you need to know to protect yourself if you ever find yourself facing such charges.

What Is a DUI in Texas?

In Texas, DUI refers to “driving under the influence,” which involves operating a vehicle while impaired by alcohol or drugs. Unlike DWI (driving while intoxicated), DUI doesn’t always require a driver to have a blood alcohol concentration (BAC) over the legal limit of 0.08%. DUI charges are typically applied when a driver is impaired by alcohol or drugs but doesn’t necessarily meet the BAC threshold that defines DWI.

The substances that can cause impairment include more than just alcohol. In Texas, DUI laws apply to prescription medications, over-the-counter drugs, and illegal substances that can affect a person's ability to drive. For instance, if someone is found driving under the influence of prescription painkillers or even marijuana, they could be charged with DUI, even if their BAC is below the 0.08% limit that would otherwise lead to a DWI charge.

DUI charges are serious because they reflect a person’s inability to safely operate a vehicle due to the influence of substances, even if they don’t reach the legal BAC level. A DUI offense can still result in significant legal consequences, including fines, license suspension, and possible jail time, depending on the specifics of the case.

The distinction between DUI and DWI is important to understand because while they both involve impaired driving, DWI charges usually carry harsher penalties. However, DUI charges are still severe, as they highlight a potential danger to the driver and others on the road. In Texas, both DUI and DWI are treated as offenses that demand serious attention, but DUI charges specifically address impairment due to alcohol or drugs outside of the strict BAC guidelines that apply to DWI.

Is DUI a Felony in Texas?

The simple answer to whether a DUI is a offense in Texas is: not always. DUI charges in Texas are generally classified as misdemeanors, meaning they are considered less severe offenses compared to felonies. However, there are several circumstances where a DUI can be elevated to a offense charge. Understanding the factors that contribute to this classification is crucial, as felony DWI convictions carry much harsher penalties and long-term consequences.

Prior DUI or DWI Convictions: If the driver has previous DUI or DWI convictions, especially multiple offenses, the charge can escalate to a felony. A second or third DUI offense typically leads to a felony charge, as Texas law seeks to penalize repeat offenders more severely.

DUI with a Child Passenger: If a driver is caught operating a vehicle while intoxicated with a passenger who is under 15 years old, they to have a chance face a felony charge. In Texas, this offense is known as “Intoxication Assault with a Child Passenger.” It is treated as a felony due to the added vulnerability of the child passenger.

Injury or Death Caused by DUI: When a DUI results in the injury or death of another person, it can be classified as a felony. Charges like Intoxication Assault (if someone is seriously injured) or Intoxication Manslaughter (if someone is killed) are DWI felony offenses. These charges carry significant prison sentences and fines.

Excessive BAC: If the driver’s blood alcohol concentration (BAC) is significantly higher than the legal limit of 0.08%, such as 0.15% or more, it to have a chance be treated as an aggravating factor and may lead to felony charges in certain cases. This shows a higher level of impairment, increasing the danger to the public.

Reckless Driving While Intoxicated: In some cases, if the DUI is coupled with reckless driving behavior, it can elevate the charge to a DWI felony. Reckless driving is considered a severe offense when combined with intoxication, as it indicates a greater disregard for the safety of others.

Misdemeanor vs. Felony DUI in Texas

Understanding the difference between misdemeanors and felonies is crucial when discussing DUI charges in Texas. These two classifications of crimes carry distinct legal consequences. Below is a detailed comparison, laid out in a table format for clarity, of the differences between misdemeanor and felony DUI charges in Texas.

Factor	Misdemeanor DUI	Felony DUI	Penalties	Criminal Record
Severity of Crime	Less severe offense	More serious offense	Misdemeanors result in lighter sentences, while felonies involve much harsher penalties.	Misdemeanors remain on record but typically have fewer long-term consequences than felonies.
Typical Penalties	Fines, short-term imprisonment, or probation	Longer prison sentences, larger fines, and permanent criminal record	Misdemeanors may include up to 1 year of jail time. Felonies result in 2 years to life in prison.	Felony DWI convictions result in long-lasting consequences, affecting future opportunities.
Fine Amounts	Lower fines (usually up to $2,000)	Higher fines (can exceed $10,000)	Misdemeanors carry smaller fines, while burglary fines are substantially higher.	Felony DUI fines can often be more significant, reflecting the seriousness of the crime.
Impact on Employment	May limit some job opportunities, but less severe	Severe impact on job prospects due to permanent criminal record	Misdemeanors have some job-related restrictions but do not permanently hinder employment.	Felony DUI to have a chance result in job loss and significant difficulty securing new employment.
Impact on Civil Rights	Generally, civil rights remain intact	Civil rights can be affected (e.g., loss of voting rights, difficulty obtaining licenses)	Misdemeanors typically don’t interfere with civil rights unless combined with other offenses.	Felony DWI convictions can lead to loss of certain civil rights, like voting and owning firearms.

Key Factors That Determine Whether a DUI Is a Felony

Texas, several factors can elevate a DUI charge from a misdemeanor to a burglary. One of the most significant factors is having prior DUI or DWI convictions. A first offense is usually treated as a misdemeanor, but a second or third offense can lead to burglary charges, especially if they involve aggravating circumstances. Repeat offenders are considered a higher risk to public safety, and the law reflects this by imposing harsher penalties for subsequent DUI offenses.

Another factor that can elevate a DUI charge is the presence of a child passenger. In Texas, if a driver is caught operating a vehicle while intoxicated with a child under the age of 15, the charge automatically becomes a burglary. This offense is known as “Intoxication Assault with a Child Passenger,” and it carries serious consequences, including significant jail time and fines. The law treats this as a particularly grave offense due to the heightened risk posed to the child.

If a DUI results in injury or death, the charge is also elevated to a felony. Texas law distinguishes between Intoxication Assault, which occurs when a person is seriously injured as a result of the driver’s intoxication, and Intoxication Manslaughter, which applies if the DUI leads to a fatality. Both of these offenses are considered burglary charges, with severe penalties such as long-term imprisonment and hefty fines. The seriousness of the injury or death directly impacts the specific charges and the associated penalties.

Finally, having a Blood Alcohol Concentration (BAC) significantly higher than the legal limit of 0.08% can also play a role in elevating a DUI charge. If a person’s BAC is 0.15% or higher, it can result in more severe penalties. The higher BAC indicates a greater level of impairment, which may lead to an aggravated DUI charge and harsher legal consequences. In these cases, the driver’s impaired state is seen as a significant risk to public safety, warranting more severe punishment.

What Are the Penalties for DUI Felony Convictions in Texas?

In Texas, felony DUI convictions carry significantly harsher penalties compared to misdemeanor charges. These penalties can have long-lasting impacts on a person’s life, affecting everything from freedom to finances and future opportunities.

Incarceration
A offense DUI conviction to have a chance result in imprisonment, with the length of the sentence varying depending on the severity of the offense. For example:
- Intoxication Assault (causing serious injury) can result in 2 to 10 years of prison time.Intoxication Manslaughter (causing death) typically carries a sentence of 2 to 20 years in prison.
- In some extreme cases, especially for repeat offenders, the sentence to have a chance extend to life in prison.
Fines
Felony DUI convictions often come with hefty fines, which can range from a few thousand dollars to tens of thousands, depending on the offense:
- For Intoxication Assault, fines can be up to $10,000.
- For Intoxication Manslaughter, fines can also be significant, with the possibility of exceeding $20,000 in some cases.
License Suspension
A DUI offense conviction will almost certainly lead to the suspension or revocation of your driver’s license. The length of the suspension to have a chance vary:
- For offense DUI offenses, you may face a suspension of your license for several months or even years.
- In certain cases, a complete revocation of driving privileges can occur, making it difficult to regain your license without fulfilling specific legal requirements.
Probation
In some cases, a judge may grant probation instead of imposing a prison sentence, though this is not guaranteed. Probation typically comes with strict conditions, including:
- Regular check-ins with a probation officer.Alcohol and drug testing.
- Community service or treatment programs.

Penalties for DUI Misdemeanors

Penalty	Description	Duration	Amount/Details	Impact
Jail Time	Misdemeanor DUI offenses typically result in jail time, but the duration is limited.	Up to 1 year	Jail time to have a chance range from a few days to up to a year.	Short-term impact on personal freedom.
Fines	A DUI misdemeanor may involve a fine, the amount depending on the circumstances of the charge.	$500 to $2,000	The amount of the fine varies with the severity of the offense.	Financial strain due to fines.
License Suspension	A DUI misdemeanor conviction typically results in a suspension of driving privileges.	90 days to 1 year	Suspension duration varies depending on the offense.	Loss of driving privileges for a limited time.
Probation	Instead of jail time, the court may offer probation, allowing the individual to avoid imprisonment under certain conditions.	Typically 1 to 2 years	Conditions include check-ins, alcohol testing, and community service.	Less severe than incarceration but still requires compliance.

What Can You Do If You’re Facing DUI Charges in Texas?

If you find yourself facing DUI charges in Texas, it’s essential to take the situation seriously and act quickly. The first thing you should do is contact an experienced DUI defense attorney. An attorney to have a chance provide guidance on the best course of action, help you understand the legal process, and potentially reduce the severity of the charges. A skilled attorney can also negotiate on your behalf, whether it’s trying to get a plea deal or fighting the case in court.

Another important step is gathering any relevant evidence related to your case. This could include police reports, medical records if there were injuries, witness statements, and any results from breathalyzer or blood tests. The more documentation you have, the stronger your defense to have a chance be. Your attorney can help you determine which pieces of evidence are most valuable in building your case.

If your case goes to trial, you’ll need to be prepared for the court process. It’s crucial to understand the legal procedures and be mentally prepared for what’s ahead. Your DWI lawyer will guide you in presenting a solid defense, but it’s helpful to be aware of the charges, possible outcomes, and what the trial will entail.

Finally, consider the possibility of negotiating a plea deal. In some cases, you may be able to reduce a felony DUI charge to a misdemeanor or secure a lighter sentence. Your attorney can advise you if a plea bargain is a viable option and whether it would be in your best interest to take that route. It’s important to carefully weigh the pros and cons before making a decision.

When facing a DWI charge in Texas, you need to understand that a DWI conviction to have a chance severely impact your future. You might lose your driving privileges, face hefty fines, or even serve jail time. That’s why securing competent legal representation is crucial. A specialized DWI lawyer to have a chance examine the circumstances of your DWI arrest and develop an effective DWI defense strategy. Your lawyer will investigate whether proper protocols were followed during your DWI stop, if the breathalyzer used in your DWI test was calibrated correctly, and whether your constitutional rights were respected throughout the DWI process. A strong DWI defense often hinges on these technical details that you may not recognize without professional guidance.

The consequences of a DWI in Texas vary depending on several factors, including whether it’s your first DWI offense or if you have previous DWI convictions. Your lawyer to have a chance guide you through the complexities of Texas DWI laws and help you understand what penalties you might face. An experienced DWI lawyer will work to minimize the impact of a DWI charge on your life by building a comprehensive defense that challenges the prosecution’s evidence. Remember that each DWI case is unique, and your defense should be tailored to the specific circumstances of your DWI arrest. Your participation in developing this defense strategy is invaluable – you should provide your lawyer with all relevant information about your DWI incident to strengthen your defense position.

If you’re arrested for a DWI in Texas, time is of the essence. You have only 15 days to request a hearing to contest your license suspension after a DWI arrest. Your lawyer can file this request and represent you at the hearing, which is separate from your DWI criminal case. Additionally, your lawyer can negotiate with prosecutors to potentially reduce your DWI charge or penalties. A skilled DWI defense attorney may identify opportunities for plea bargains or alternative sentencing options that could include DWI education programs instead of jail time. Many DWI defense strategies involve challenging the officer’s observations, the field sobriety tests administered during your DWI stop, or the chemical test results from your DWI investigation. By entrusting your DWI defense to a knowledgeable lawyer, you improve your chances of achieving a more favorable outcome in your DWI case. Remember that a DWI charge is not the same as a DWI conviction – with proper defense, you may be able to avoid the most serious consequences of a DWI in Texas.