Felony or Not: Is a First Time DWI a Felony in Texas and What Facts Can Push That First Case Over the Line?

Short answer: a first-time DWI in Texas is usually a misdemeanor, not a felony, unless certain aggravating facts are present. If your arrest did not involve a child passenger, a serious-injury crash, or a death, your case will typically be filed as a misdemeanor. This guide explains the key facts that can elevate a first arrest into a felony and what early steps matter in Houston and nearby Texas counties.

Quick answer with felony triggers, plus where to verify the law

You are worried about your job, your license, and your family. Here is the clean breakdown you can use right now. For a deeper plain-English walk through, see this firm resource that gives a short answer and list of facts that make a DWI a felony. For the legal definitions and statute names, you can read Texas Penal Code Chapter 49 — DWI offense definitions.

• Child passenger under 15 in the vehicle: “DWI with child passenger” is a state jail felony. The age of the child is what matters, not who the child is or where they sat.
• Serious-injury crash: If a person suffers “serious bodily injury” that is linked to intoxication, prosecutors may file intoxication assault, a third-degree felony.
• Death in a crash: If a death is linked to intoxication, the charge is often intoxication manslaughter, a second-degree felony.
• Not truly a first offense: Texas can use prior DWI-type convictions, including many out-of-state DWIs, to enhance. If the arrest is not your first, felony exposure can appear at a third DWI.
• Other facts that raise risk but are not felonies by themselves: A blood alcohol concentration of 0.15 or higher can raise a first DWI to a Class A misdemeanor. An open container can add a mandatory minimum jail sentence. These are not felonies by themselves but they increase consequences.

If you work construction or manage crews in Houston, you likely need to drive to job sites. Knowing whether your case is misdemeanor vs felony DWI in Texas helps you plan for license issues and work coverage in the days ahead.

When a first-time DWI stays a misdemeanor in Texas

Most first arrests land here. No child passenger. No serious-injury crash. No death. In that situation, the case is usually filed as a misdemeanor in Harris County or a nearby county, even if your breath or blood test is over the legal limit.

• Class B misdemeanor baseline: First DWI with a BAC of 0.08 to 0.149 typically carries 3 to 180 days in jail, a fine up to 2,000 dollars, and possible probation. The court can also require classes, community service, and an alcohol assessment.
• Class A upgrade for high BAC: If the allegation is BAC 0.15 or higher, the charge can be a Class A misdemeanor, with up to 1 year in jail and a fine up to 4,000 dollars. This is still not a felony, but it is more serious.
• License impact: Separate from the criminal case, the Administrative License Revocation process can suspend your license. For a first failure, the suspension period is often 90 days. For a first refusal, it is often 180 days. These are typical ranges in Texas.

If you are that panicked first-timer, this is the information you need for your boss and your family. It tells you whether you are looking at misdemeanor-level consequences or felony-level exposure, and it helps you plan the next two weeks of your life.

For a deeper dive into the penalty ranges and how outcomes can shift at each level, see this educational breakdown on how Texas DWI penalties change for felony-level cases.

Facts that convert a first arrest into a felony-level DWI

These are the exact scenarios that push a first arrest over the line in Texas. If you manage crews across Houston and Harris County, you want to spot these quickly so you can prepare for the level of charge filed.

1. First offense DWI with child passenger

If a child under 15 was in the vehicle, prosecutors can file “DWI with child passenger,” which is a state jail felony. Penalties can include 180 days to 2 years in a state jail facility and a fine up to 10,000 dollars, plus probation conditions such as classes, an ignition interlock, and community service. This charge is felony-level even if no crash happened and even if your BAC was only slightly over the limit.

2. Injury or crash turning DWI into a felony

Texas uses two separate intoxication offenses when a crash causes serious harm. Intoxication assault applies when the State claims the DWI caused “serious bodily injury,” which usually means a risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. That offense is normally a third-degree felony with 2 to 10 years possible in prison and a fine up to 10,000 dollars. Intoxication manslaughter applies when a death is alleged and is a second-degree felony with 2 to 20 years possible in prison and a fine up to 10,000 dollars. These statutory names and definitions are in Texas Penal Code Chapter 49 — DWI offense definitions.

3. Not truly a first offense

If you have prior DWI-type convictions, including many from out of state, the State can seek enhancements. A second DWI is usually a Class A misdemeanor, but a third DWI is a third-degree felony even if no crash occurred. If an officer in Houston told you it was your first, yet an old case exists elsewhere, the prosecutor can still treat it as a repeat. Verify your history early.

4. Other Houston first DWI felony enhancement risks

• Open container: Not a felony by itself, but it adds a mandatory minimum jail term on conviction for a first DWI.
• High BAC: 0.15 or higher is a Class A misdemeanor, not a felony, but it often brings ignition interlock and stricter bond and probation conditions.
• Injury to a peace officer, firefighter, or EMT: If a crash causes serious bodily injury or death, the intoxication assault or manslaughter penalties can be higher based on the alleged victim’s status.

If your case checks none of these boxes, it likely stays at the misdemeanor level. That can still affect your license and job, so quick planning matters.

License consequences and the ALR hearing timeline

In Texas, the Administrative License Revocation process runs on its own track. You must act quickly to protect your driving privileges. Start by reviewing what to check and when to do it, then submit the hearing request if you choose to fight the suspension. Here is a simple checklist with links to neutral and firm-owned explanations.

• Find your deadline: Texas gives a short window to request an ALR hearing after a failure or refusal. The timeline is tight, so verify the exact date on your paperwork and on the Texas DPS site. See the Texas DPS explanation of the ALR license-suspension process.
• Organize your documents: Look for the temporary driving permit or suspension notice. In many Houston arrests, officers issue a DIC form that starts the ALR clock.
• Submit the hearing request: You can learn step by step from this firm’s guide that explains what to check and deadlines for your ALR hearing request. Keep a copy of your submission and any confirmation numbers.
• Plan for work transportation: If a suspension happens, ask about an occupational license for work or school travel. Many first-time drivers in Harris County qualify, but eligibility and terms depend on your facts and any prior suspensions.

You do not have to figure this out alone. A qualified Texas DWI lawyer can answer questions about the ALR timeline and whether an occupational license fits your job needs.

Analytical Planner sidebar: Texas DWI degree of offense basics and likely penalties

Analytical Planner: you want the quick statutory map and typical ranges. Here are the basics that help you compare options and ask targeted questions.

• Class B misdemeanor DWI for a first offense: 3 to 180 days in jail, up to 2,000 dollars in fines, and a possible license suspension. Community supervision is common for eligible first-timers. Conditions can include classes, community service, and no alcohol.
• Class A misdemeanor DWI when BAC is 0.15 or higher: up to 1 year in jail and up to 4,000 dollars in fines. Courts often require ignition interlock while the case is pending and during any probation.
• State jail felony DWI with child passenger: 180 days to 2 years in a state jail facility and up to 10,000 dollars in fines.
• Third-degree felony intoxication assault or third DWI: 2 to 10 years in prison and up to 10,000 dollars in fines.
• Second-degree felony intoxication manslaughter: 2 to 20 years in prison and up to 10,000 dollars in fines.

Beyond fines, Texas law adds court costs, program fees, and sometimes statutory fines that apply at conviction. For a practical look at jail exposure and ways courts handle time, see this piece on what minimum jail time looks like for DWI charges.

If you manage projects in Houston, you care about scheduling. Court settings often span months, and license issues can affect your ability to get to job sites. Ask early about timelines and any tasks that could help your case or your work permissions.

Micro-story: a Houston first-timer sees the difference between misdemeanor and felony

After a long shift, a mid-30s construction manager we will call Luis left a job site near the North Loop. He had two beers at a team thank-you, then drove toward Oak Forest. He was stopped for a wide turn. No crash and no child in the truck. He failed the field tests and was arrested. At the station he was booked and released. In the morning he felt sick and terrified. He pictured prison and losing his crew. Then he learned the difference. Since there was no child passenger, no injury, and no death, his case was a misdemeanor. He still faced license and job problems, but he was not looking at a felony. That clarity gave him space to plan rides, check the ALR deadline, and figure out work coverage for his next court date.

Common misconceptions about a first DWI in Texas

• Misconception: Any DWI is a felony. Correction: A first DWI is usually a misdemeanor. It becomes a felony if a child passenger, serious injury, or a death is alleged, or if the case is not truly your first.
• Misconception: If my breath test is high, it is automatically a felony. Correction: A BAC of 0.15 or higher can raise the charge to a Class A misdemeanor but not a felony by itself.
• Misconception: My license is gone the moment I am arrested. Correction: Texas uses the ALR process with a short deadline to request a hearing. Many first-timers keep driving on a temporary permit while the ALR case is pending.
• Misconception: All first-time cases end the same. Correction: Outcomes vary with the facts, the evidence, and your history. Every case needs its own review.

If you are in Harris County and worried about work, the correction that matters most is the first one. Not every DWI is a felony. Start with the facts that do or do not trigger felony-level charges.

Process in Houston and nearby counties, explained simply

Most first-time DWI cases filed in Harris County begin with a magistrate appearance or a bond setting, then a series of court settings where the State turns over evidence such as body camera, dash camera, and any breath or blood test records. Many first-timers continue to work while their case is pending. Courts may add conditions like an ignition interlock or alcohol testing, especially with high BAC allegations. Prosecutors can review lab packets and crash reports to decide whether any felony charge fits. If no felony triggers are present, the case stays in misdemeanor court. That is why identifying your facts early is key.

You want clarity. Ask what evidence exists for each element of the charge. Ask whether the stop was lawful, whether field tests were done correctly, and whether the breath or blood test followed required procedures. These points can shape both the criminal case and the ALR case.

Steps to take in the first 7, 15, and 30 days

You do not need to be a lawyer to keep a basic timeline. Here is a simple checklist you can follow while you decide your next moves.

• First 7 days: Gather your papers, including the temporary permit. Write down what happened while it is fresh. If a child was in the vehicle or a crash occurred, note every detail. These facts drive whether the case is misdemeanor or felony.
• By day 15: Confirm the ALR hearing request deadline. If you want to contest the suspension, submit the request on time and keep proof of submission. The what to check and deadlines for your ALR hearing request guide can help you track the steps. Cross-check your understanding on the Texas DPS explanation of the ALR license-suspension process.
• By day 30: Ask about ignition interlock or testing requirements tied to your bond. If your case is a high BAC Class A misdemeanor, a judge may require interlock even before any conviction.

These tasks help anyone, from a construction manager to an office worker. They require no promises and no special software. They simply protect your license and set up smart questions for your first meeting with a qualified Texas DWI lawyer.

Career-Conscious Executive: discretion and record impact

Career-Conscious Executive: you worry about background checks, travel, and reputation. A misdemeanor DWI can still affect professional licensing, insurance, and certain corporate travel policies. Felony allegations raise the stakes for employment and international travel. Ask about ways to limit who sees your case information, bond conditions that avoid breathalyzer equipment at the office, and whether any diversion or deferred outcome exists in your county. No lawyer can promise a particular result, but you can plan for privacy and compliance from day one.

Legally Savvy Professional: precise classifications and mitigation options

Legally Savvy Professional: you want the elements and the issues. Review the stop, the detention, and any search. Examine standard field sobriety test instructions and scoring. Confirm the breath machine model, maintenance records, and if a blood draw was used, the chain of custody and GC-MS or headspace analysis data. In a crash case, assess causation and whether any independent event broke the chain that the State must prove. In a child passenger case, confirm the child’s age and whether the State can prove the child was in a “vehicle” under Chapter 49 at the time of the alleged operation. Early mitigation can include counseling or a victim impact panel, not as an admission, but as a step that some courts value at setting or bond review.

Casual Risk-Taker: a simple wake-up call

Casual Risk-Taker: people often underestimate the true cost of a DWI. Add towing, impound, court costs, probation fees, higher insurance, and time off work. You can easily pass several thousand dollars before you blink. If a child is in the car or a crash injures someone, a first arrest can become a felony with years of exposure. The risk is real and the law is not forgiving.

Frequently asked questions about is a first time DWI a felony in Texas

Is a first-time DWI a felony in Texas or a misdemeanor in Houston?

It is usually a misdemeanor. It becomes a felony if a child under 15 was in the vehicle, or if a crash caused serious bodily injury or death. If you are unsure which facts apply, check your paperwork and any crash report to see how the State is labeling the case.

Will I lose my driver’s license right away after a first DWI in Texas?

Not automatically. Texas uses the ALR process with a short window to request a hearing. For many first-timers, a refusal can trigger a proposed 180 day suspension and a failure can trigger a proposed 90 day suspension. You can usually drive on a temporary permit while the ALR is pending if you requested a hearing on time.

Does a high BAC make my first DWI a felony?

No. A BAC of 0.15 or higher can raise the charge to a Class A misdemeanor, which is more serious than the Class B baseline. It does not become a felony unless separate facts are present such as a child passenger, a serious-injury crash, or a death.

How long does a Texas DWI stay on my record?

A DWI charge and any resulting conviction can remain on your record. Some defendants may qualify for certain record options under Texas law depending on the outcome and history. Ask a qualified Texas DWI lawyer which remedies, if any, might apply to your facts.

Can a first DWI be dismissed or reduced in Harris County?

Sometimes, but nothing is guaranteed. Results depend on the evidence and the law, including the stop, testing, and whether any felony-triggering facts are present. Early case review gives you the best chance to understand options and to make informed decisions.

Why acting early matters in a first DWI case

Acting early helps you in three ways. First, you protect your license by tracking ALR deadlines and planning for an occupational license if needed. Second, you lock down facts that decide misdemeanor vs felony DWI in Texas, like whether any injury meets the legal definition of “serious bodily injury.” Third, you gain time to review evidence, request videos, and challenge weak links in the State’s proof. You are not promising anything by doing these steps. You are simply keeping doors open while the facts settle.

If you are juggling crews, family, and work travel, this early structure reduces stress. You can map court dates, set rides, and keep your projects on schedule while your case moves through the system.

For a short, plain-language walkthrough from the firm’s founder that pairs with this article, watch the video below. It covers immediate steps after a Texas DWI arrest, ALR timing, and the facts that can push a first case into felony territory.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
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