Yes, a DWI can be a felony in Texas, but only when a specific aggravating factor is present. Five situations move the offense across that line: a third or subsequent conviction, a passenger under 15 in the vehicle, driving through an active school crossing zone, causing serious bodily injury, or causing a death. Anything short of those is charged as a misdemeanor. Where the felony line sits matters because Texas bars deferred adjudication for every felony DWI, so a conviction stays on your record for good.1State of Texas. Texas Code of Criminal Procedure CR 42A.102 – Eligibility for Deferred Adjudication Community Supervision
Third or Subsequent DWI
The most common path from misdemeanor to felony is a third conviction. A third DWI is a third-degree felony, and Texas has no washout period. Prior convictions count no matter how many years have passed, and out-of-state DWI convictions count toward the total.2Texas Department of Transportation. Impaired Driving and Penalties Fourth, fifth, and later offenses remain third-degree felonies under the same enhancement provision.
A third-degree felony carries two to 10 years in the Texas Department of Criminal Justice and a fine of up to $10,000.3State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment Your license will be suspended for up to two years, and the court will order installation of an ignition interlock device on any vehicle you own or regularly drive.2Texas Department of Transportation. Impaired Driving and Penalties
DWI With a Child Passenger Under 15
Driving while intoxicated with any passenger younger than 15 is a state jail felony, even on a first offense and even if no crash occurs.4State of Texas. Texas Penal Code 49.045 – Driving While Intoxicated With Child Passenger The child’s presence is the aggravating factor by itself.
A state jail felony means 180 days to two years in a state jail facility and a fine of up to $10,000.5State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment The charge also tends to surface in family court. Judges weighing custody or visitation take a dim view of a parent who drove intoxicated with a child in the car, and a conviction gives them documented grounds to impose restrictions.
DWI in a School Crossing Zone
As of September 1, 2025, driving while intoxicated in a school crossing zone during posted reduced-speed hours is a state jail felony, even for a first offense.6State of Texas. Texas Penal Code PE 49.04 – Driving While Intoxicated This addition to the statute carries the same range as DWI with a child passenger: 180 days to two years in a state jail facility and a fine of up to $10,000. The enhancement only applies during the hours when the reduced speed limit is active, not simply anytime you drive near a school.
Intoxication Assault
If you cause serious bodily injury to another person while driving intoxicated, the charge is intoxication assault, a third-degree felony.7State of Texas. Texas Penal Code 49.07 – Intoxication Assault Serious bodily injury means an injury that creates a real risk of death, causes permanent disfigurement, or results in long-term loss of function of a body part or organ. The penalty is two to 10 years in prison and a fine of up to $10,000.3State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
A detail that catches many people off guard: the prosecution only needs to prove your intoxication caused the injury, not that you were at fault for the collision itself. If another driver ran a red light but your intoxication contributed to the severity of the impact or your inability to avoid it, you can still be charged.
Intoxication Manslaughter
When intoxicated driving causes someone’s death, the charge is intoxication manslaughter, a second-degree felony.8State of Texas. Texas Penal Code 49.08 – Intoxication Manslaughter The victim can be a passenger, someone in another vehicle, a pedestrian, or a cyclist. Each death from the same incident can be charged as a separate count.
A second-degree felony carries two to 20 years in prison and a fine of up to $10,000.9State of Texas. Texas Penal Code PE 12.33 – Second Degree Felony Punishment If the victim was a peace officer, firefighter, or emergency medical services worker performing official duties, the charge is enhanced to a first-degree felony. That raises the range to five to 99 years, or life, in prison.10State of Texas. Texas Penal Code PE 12.32 – First Degree Felony Punishment
No Deferred Adjudication for Felony DWI
This is where felony DWI in Texas gets especially unforgiving. Texas law specifically prohibits deferred adjudication for every felony DWI scenario: repeat offenses enhanced under Section 49.09, DWI with a child passenger, intoxication assault, and intoxication manslaughter.1State of Texas. Texas Code of Criminal Procedure CR 42A.102 – Eligibility for Deferred Adjudication Community Supervision In other felony cases, deferred adjudication lets you complete probation and avoid a final conviction on your record. That option does not exist here.
Regular community supervision (probation) is still possible, but it comes with mandatory jail time served as a condition. A third-offense felony DWI carries 10 to 180 days in jail even on probation. Intoxication assault requires 30 to 180 days, and intoxication manslaughter requires 120 to 180 days as a condition of any community supervision grant. A judge also has discretion to deny probation outright.
What a Felony Conviction Costs You Beyond Prison
A felony DWI conviction pulls in consequences well beyond the Texas courtroom, and several of them are federal.
Firearm Rights
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.11Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Every felony DWI classification in Texas exceeds that threshold. Once convicted, you lose the right to buy, own, or possess a firearm under federal law, and violating the ban is a separate federal felony.
Commercial Driver’s License
If you hold a commercial driver’s license, a DWI conviction in any vehicle, including your personal car, triggers a one-year disqualification from operating commercial motor vehicles for a first offense. A second alcohol-related conviction in a separate incident results in a lifetime disqualification.12eCFR. 49 CFR 383.51 – Disqualification of Drivers For anyone whose livelihood depends on a CDL, a felony conviction makes ending that career nearly certain.
International Travel
Canada treats DWI as a serious criminal offense and considers anyone with an alcohol-related conviction criminally inadmissible. To enter after a felony DWI conviction, you would need to apply for individual rehabilitation, which requires at least five years to have passed since the end of your sentence, including probation. Applications typically take over a year to process.13Government of Canada. Overcome Criminal Convictions Several other countries impose similar restrictions.
Security Clearances
A felony DWI raises red flags under two separate federal adjudicative guidelines used to evaluate security clearance eligibility: one addressing alcohol consumption and one addressing criminal conduct.14eCFR. 32 CFR Part 147 – Adjudicative Guidelines for Determining Eligibility for Access to Classified Information A single conviction does not automatically disqualify you, but it creates a significant presumption against granting or retaining a clearance. Completed treatment, sustained sobriety, and the passage of time can help, but the burden falls on you to demonstrate rehabilitation.
Where the Misdemeanor Line Sits
Absent the aggravating factors above, DWI stays a misdemeanor. A first DWI with no aggravators is a Class B misdemeanor, punishable by a fine of up to $2,000, between 72 hours and 180 days in jail, and a license suspension of up to one year.6State of Texas. Texas Penal Code PE 49.04 – Driving While Intoxicated A first offense with a blood alcohol concentration of 0.15 or higher is a Class A misdemeanor, and a second DWI is also a Class A misdemeanor, carrying a minimum of 30 days in jail, up to one year, a fine of up to $4,000, and a license suspension of up to two years.2Texas Department of Transportation. Impaired Driving and Penalties Once any of the five aggravating factors is added, the offense crosses into felony territory and the deferred adjudication bar kicks in.