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Being arrested for DWI can be an overwhelming and frightening ordeal. What truly shapes your future is whether the charge is classified as a misdemeanor or a felony. That distinction carries weight—and knowing the difference is the foundation for mounting a strong legal defense.
At Barrett Legal, PLLC, we approach every case with the unwavering conviction that our clients deserve a powerful defense. We know what’s at stake, and we don’t back down from a fight.
Defining Driving While Intoxicated (DWI) in Texas
In Texas, the term you will hear most often is DWI, or Driving While Intoxicated. A person commits this offense if they operate a motor vehicle in a public place while intoxicated. The state defines “intoxicated” in two ways: either not having the regular use of your mental or physical faculties due to alcohol or drugs, or having an alcohol concentration of 0.08 or more. It is important to note that a DWI charge is not the same as a DUI (Driving Under the Influence) charge in Texas. The state uses the term DUI to describe a specific offense for minors who have any detectable amount of alcohol in their system, even if they are below the legal limit for intoxication.
Misdemeanor DWI: What It Looks Like
In Texas, a first offense for Driving While Intoxicated is usually charged as a Class B misdemeanor. This can lead to a jail sentence of up to 180 days and fines reaching $2,000. If there’s an open alcohol container accessible to the driver at the time of the stop, state law imposes a mandatory minimum of six days behind bars.
A second DWI offense elevates the charge to a Class A misdemeanor, which carries a maximum jail term of one year and a fine of up to $4,000.
Even a misdemeanor conviction leaves a mark. You can face a driver’s license suspension, a requirement to install an ignition interlock device, and substantial court costs and fees.
When a DWI Becomes a Felony
The stakes escalate dramatically when a DWI becomes a felony. The circumstances that can turn a misdemeanor into a felony are often tied to prior convictions, the presence of a child, or a serious accident.
Third or Subsequent DWI
A third DWI offense is automatically charged as a third-degree felony. A conviction carries a potential prison sentence of 2 to 10 years and a fine of up to $10,000. Each subsequent DWI conviction after a third offense can result in even stiffer penalties.
DWI with a Child Passenger
Texas law elevates a DWI offense to a state jail felony if an intoxicated driver has a passenger younger than 15 in the vehicle. This offense carries serious penalties, including a potential prison term of 180 days to 2 years and a fine up to $10,000.
Intoxication Assault
The felony of Intoxication Assault occurs when a driver, while intoxicated, causes serious bodily injury to another person. This charge does not require a finding of intent; the injury can be caused “by accident or mistake.” A felony charge for Intoxication Assault hinges on the victim’s injuries. “Serious bodily injury” is defined under Texas law as an injury that creates a significant risk of death, results in severe and lasting disfigurement, or causes a prolonged loss or impairment of a bodily function. This felony is typically a third-degree offense, but its severity is elevated to a second-degree felony if the injured party is a first responder, like a firefighter, police officer, or EMT, who was acting in their official capacity. A conviction for this offense can lead to a prison sentence of 2 to 10 years and a fine of up to $10,000.
Intoxication Manslaughter
This is the most severe DWI offense in Texas. Under Texas Penal Code § 49.08, a person commits intoxication manslaughter if they cause the death of another person by accident or mistake while operating a motor vehicle while intoxicated. This is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. This charge does not require proof of criminal intent.
The Long-Term Consequences of a Felony Conviction
Beyond the fines and jail or prison time, a felony conviction has profound, lasting consequences. It is a permanent mark on your record that can impact every area of your life. A felony conviction can limit employment opportunities, as many employers conduct background checks. It can also restrict your ability to secure housing, obtain professional licenses, and even affect your rights. A felony conviction can result in the loss of your right to vote and own firearms.
Our Aggressive Approach to Fighting Your Case
Your case will be heard in the Taylor County Courthouse in Abilene. Prosecutors work to secure convictions and will not hesitate to pursue a felony charge if the facts support it.
At Barrett Legal, PLLC, we believe in a proactive, aggressive defense. We meticulously investigate every detail of your case, from the traffic stop to the chemical tests. We challenge the prosecution’s evidence, question police procedures, and look for every opportunity to have your charges reduced or dismissed. We will not back down or rest until we have explored every possible avenue to protect your freedom and your future.
A DWI charge is not a guilty verdict. It is the beginning of a fight, and we know how to win it. If you or a loved one is facing a DWI charge, whether it is a misdemeanor or a felony, you need a firm ready to fight for you. We are ready.
For a confidential consultation to discuss your case and how we can fight for you, call Barrett Legal, PLLC today at 325-241-2868. We’ll give you the serious, no-nonsense counsel you deserve.
