Yes, a DUI can be a felony in Texas, but only in specific situations. Texas calls the offense driving while intoxicated (DWI), and it becomes a felony when any of the following is true: it is your third or later DWI, a passenger under 15 was in the vehicle, the offense happened in a school crossing zone during posted hours, someone suffered serious bodily injury, or someone died. A first or second DWI with none of those factors stays a misdemeanor.
Where the Misdemeanor Line Sits
A first DWI with no aggravating factors is a Class B misdemeanor, punishable by up to $2,000 in fines and 72 hours to 180 days in jail. It becomes a Class A misdemeanor if your BAC was 0.15 or higher at the time of testing, raising the maximum fine to $4,000 and the possible jail time to one year.1State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated
A second DWI is also a Class A misdemeanor, with fines up to $4,000 and jail from 30 days to one year.2Texas Department of Transportation. Impaired Driving and Penalties – DUI/DWI Serious, but still a misdemeanor. Everything above that line lands you in felony territory.
Third DWI: An Automatic Felony
A third DWI is a third-degree felony, no matter how old the prior convictions are. Texas has no lookback limit, so a conviction from decades ago still counts. The case moves from county court to district court, and a conviction carries two to ten years in state prison and a fine of up to $10,000.2Texas Department of Transportation. Impaired Driving and Penalties – DUI/DWI The jump from a second-offense misdemeanor to a third-offense felony is the sharpest step in the DWI ladder: jail measured in months becomes prison measured in years, plus a permanent felony record.
DWI with a Child Passenger
Driving while intoxicated with any passenger younger than 15 in the vehicle is a state jail felony, even on a first offense with a clean record.3State of Texas. Texas Penal Code 49.045 – Driving While Intoxicated With Child Passenger There is no crash requirement and no minimum BAC beyond the standard intoxication threshold. The child’s presence alone triggers the charge.
A state jail felony carries 180 days to two years in a state jail facility and a fine of up to $10,000.4State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment A parent driving home from a family gathering after a few drinks is looking at the same felony classification as someone with a long DWI history.
DWI in a School Crossing Zone
Since September 2025, a DWI committed in a school crossing zone during posted reduced-speed hours is also a state jail felony.1State of Texas. Texas Penal Code 49.04 – Driving While Intoxicated Like the child-passenger version, this applies regardless of prior record or whether anyone was hurt. The penalty range matches other state jail felonies: 180 days to two years and up to $10,000 in fines.4State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment
Intoxication Assault: Serious Injury
When intoxicated driving causes a crash that seriously injures another person, the charge is intoxication assault, a third-degree felony.5State of Texas. Texas Penal Code 49.07 – Intoxication Assault A first-time offender who injures someone faces the same felony as a repeat offender in the same situation.
Texas defines serious bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of a bodily organ or limb.6State of Texas. Texas Penal Code 1.07 – Definitions Broken bones that heal fully may not qualify; traumatic brain injuries, severed limbs, and organ damage almost certainly do. Conviction carries two to ten years in prison and a fine of up to $10,000.
Intoxication Manslaughter: A Death
Killing another person while driving intoxicated is intoxication manslaughter, a second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000.7State of Texas. Texas Penal Code 49.08 – Intoxication Manslaughter The victim can be another driver, any passenger, a pedestrian, or a cyclist.
The charge climbs to a first-degree felony if the person killed was a peace officer, firefighter, or emergency medical services worker performing official duties. A first-degree felony in Texas carries five to 99 years, or life.8State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment This is the most serious DWI-related exposure in Texas law.
What Changes Once a DWI Is a Felony
The felony label carries consequences a misdemeanor DWI does not.
A Federal Firearm Ban
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Every felony DWI category in Texas exceeds that threshold. The ban applies nationwide and continues after the sentence is served, unless a pardon or expungement specifically restores firearm rights.
Commercial Driver’s License Consequences
The CDL rules are stricter than the felony threshold and can bite even on a misdemeanor. The federal BAC limit for a commercial vehicle is 0.04, half the standard 0.08.10Federal Motor Carrier Safety Administration. Driver Disqualified for Driving a CMV With Blood Alcohol Over 0.04 Percent A first DWI results in a one-year CDL disqualification, three years if hazardous materials were involved. A second DWI in a separate incident is a lifetime disqualification from operating a commercial vehicle.11eCFR. 49 CFR 383.51 – Disqualification of Drivers
Employment and Professional Licensing
A felony conviction shows up on background checks and can disqualify you from jobs in education, healthcare, law enforcement, and other regulated fields. Texas professional licensing boards conduct criminal history reviews and may deny, suspend, or revoke a license based on a felony conviction. A felony DWI can close doors that a misdemeanor DWI would leave open.