Is a DUI a Felony in Texas? DWI Charge Levels Explained

• DWI 1st: Class B misdemeanor (Class A if BAC ≥ 0.15) — 3–180 days, up to $2,000–$4,000 + state fines, license suspension up to 1 year
• DWI 2nd: Class A misdemeanor — 30 days–1 year, ignition interlock typically required
• DWI 3rd or more: 3rd-degree felony — 2–10 years TDCJ, up to $10,000
• DWI with child passenger (under 15): state jail felony — 180 days–2 years, even on a first offense
• Intoxication assault (serious bodily injury): 3rd-degree felony
• Intoxication manslaughter: 2nd-degree felony — 2–20 years per death

Note the vocabulary: in Texas, "DUI" technically refers to a minor (under 21) driving with any detectable alcohol — a Class C offense. Adults are charged with DWI. Most people use the terms interchangeably; the felony analysis above is what matters.

Two cases start the night of arrest: the criminal charge and the civil ALR license suspension. You have 15 days to request an ALR hearing or your license is automatically suspended — the hearing also lets your lawyer cross-examine the officer early, on the record.

Defense pressure points: the legality of the stop, field sobriety tests administered contrary to NHTSA standards (wind, gravel shoulders, and boots matter in West Texas), breath-test machine maintenance records, blood-draw warrant defects, and rising-BAC timing arguments. First offenders may qualify for deferred adjudication (available for DWI 1st since 2019) and, later, nondisclosure with an interlock. A felony DWI is not a lost cause — enhancement priors can be attacked as invalid. Arrested in Odessa or Midland? Call (432) 366-6000 before you talk to anyone.