What Are Examples of Felony DWI in Texas?

Driving While Intoxicated (DWI) is a serious offense in Texas, and the consequences become even more severe when it is classified as a felony. Felony DWI charges can result in significant penalties, including hefty fines, extended jail time, and long-term consequences on your personal and professional life.

In this blog post, we will explore the various examples of felony DWI offenses in Texas, providing you with valuable insights and tips to navigate through this complex legal landscape.

Multiple Prior DWI Convictions

One of the most common scenarios that can lead to a felony DWI charge in Texas is having multiple prior DWI convictions on your record. If you were previously been convicted of two or more DWIs, any subsequent DWI offense can be elevated to a felony.

If convicted of a third or subsequent DWI, a judge may sentence you to prison for 2 to 10 years, impose a fine of up to $10,000, and the DMV may suspend your driver’s license for 180 days to 2 years.

DWI with a Prior Felony Conviction

If you have a prior felony conviction on your record and are arrested for DWI, your offense can be elevated to a felony even if it would otherwise be charged as a misdemeanor. Having a previous felony conviction demonstrates a pattern of criminal behavior, which can result in more severe penalties.

If convicted of DWI that was elevated to a felony under these circumstances, you can face second-degree DWI felony charges that are punishable with up 2-10 years in prison and up to $10,000 in fines.

DWI with Child Passenger

If you drive while intoxicated with a child passenger under the age of 15, you may face a state jail felony. Although less severe than a typical felony, this is still a very serious charge because it alleges that you put the life and safety of a vulnerable individual at risk.

If convicted of this charge, a judge may sentence you to jail for up to two years and impose a fine of up to $10,000. If you have child custody or visitation, a conviction for this offense can result in modifications that could drastically alter how much time you have with your child.

Intoxication Assault

Intoxication assault is yet another example of a felony DWI offense in Texas. This charge applies when an individual causes serious bodily injury (disfigurement, loss or loss of use of a body organ, and other catastrophic injuries) to another person while operating a motor vehicle under the influence of alcohol or drugs.

If convicted, you may face significant legal penalties, including 2-10 years of imprisonment and substantial fines. If a victim’s serious injuries include traumatic brain injury, authorities may elevate the charges to a second-degree felony, which can result in up to 20 years of imprisonment upon conviction.

Intoxication Manslaughter

Perhaps the most severe felony DWI offense in Texas is intoxication manslaughter. Authorities typically apply this charge when someone is accused of DWI and was involved in an accident that resulted in someone’s death.

The consequences of an intoxication manslaughter conviction can be life-altering. Judges can punish those convicted of intoxication manslaughter with up to 20 years of imprisonment and a $10,000 fine.


Being charged with a felony DWI offense in Texas can be an overwhelming and distressing experience. Understanding the various examples of felony DWI offenses and their potential consequences is crucial for developing an effective defense strategy. If you or a loved one is facing a felony DWI charge, it is imperative to seek immediate legal representation from a skilled criminal defense attorney.

At The Law Office of Rene A. Flores PLLC, we are experienced in defending individuals charged with DWI-related offenses. Our experienced team is dedicated to protecting your rights and helping you navigate through the complex legal system.

Contact us today to request a consultation and learn more about how we can fight for you.

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