Felony DWI’s In Texas

Felony DWI’s In Texas
Sep 13, 2021 |

When Might My DWI Become a Felony?

Most drunk driving charges in Texas are misdemeanors, especially if it’s a first-time DWI. However, there are some circumstances in which drinking and driving can result in felony criminal charges. Here’s what you should know and how to get help from an experienced, zealous criminal defense lawyer who can advocate for your rights under the law.


Repeat offenders are more likely to be charged with felony drinking and driving, particularly after third, fourth, or subsequent DWI arrest. Unlike other states in the U.S., Texas does not have a lookback period, meaning that your drunk driving offenses will always count against you no matter how far apart they are.

For example, if you were charged with a DWI in 1990 and are charged again in 2023, the second offense will still be considered your second. In states with lookback periods, a second offense that takes place after this time is recorded as a first-time offense.

You Had a Child In the Car

If you were stopped for driving under the influence of drugs or alcohol with a minor in the vehicle under the age of 15, you can be charged with child endangerment or DWI with a child, which is a felony charge. If convicted, you stand to incur no less than two (2) years incarceration, as much as $10,000 in fines, and an automatic suspension of your driver’s license for no less than 180 days.

You Cause Injury or Death to Another Person

If you are drinking and driving and get into an accident, hit a pedestrian, or otherwise injure someone else, you could be charged with intoxication assault. In some cases, intoxication assault can be charged in “bar fight” scenarios. This felony crime carries between two (2) and ten (10) years in prison and fines up to $10,000.

Intoxication manslaughter may be charged if the injured person dies as a result of the incident, which carries similar penalties as assault but with a maximum of twenty (20) years incarceration.

Protect Your Rights With the Help of a Texas DWI Defense Attorney

If you were arrested for drinking and driving and you suspect you may be charged with a felony, an experienced attorney may be able to help you reduce the charge to manslaughter or even have it dismissed. Contact Segura & Kiatta, LLP today at 281.570.6400.

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