By Law Office of A. Oliver Hassibi
June 29, 2018
Texas has a major problem with driving while intoxicated (DWI), whether drivers are under the influence of drugs or alcohol, or both. So, as a big state with a big DWI problem, a lot of people wonder if the state is tough on drunk and drugged driving. In fact, people often ask me, “Is DWI a misdemeanor or a felony in Texas?”
Considering how hard Texas is on crime, it’s no wonder why people worry that they’ll be convicted of a felony when facing DWI charges. The answer to the question is that DWI can be a misdemeanor or a felony depending on the facts of the case.
The majority of first-time DWIs in Texas are prosecuted as misdemeanors unless the impaired driver: 1) caused serious bodily injury to another person, or 2) took another person’s life as a result of drunk or drugged driving.
Whether you’re in Dallas, Fort Worth, or San Antonio, the DWI laws are the same. A DWI becomes a felony under the following circumstances:
Note: DWI with a child passenger under the age of 15 is called “child endangerment.” If you are found guilty of DWI with a child passenger, you face up to a $10,000 fine, up to two years in a state jail, and a 180-day driver license suspension.