What Class Is a DWI In Texas At Different BAC Levels And With Prior Convictions?
In Texas, a first time DWI is usually charged as a Class B misdemeanor, but it can become a Class A misdemeanor or a felony if your blood alcohol concentration (BAC) is high, you have prior DWIs, or there are serious aggravating factors like a child in the car or an injury crash. Put simply, the class of your DWI charge depends on a mix of BAC level, your record, and what happened during the arrest, and those details drive the fines, jail range, and long term impact on your record. If you are trying to figure out what class a DWI in Texas will be for your situation, you have to plug your facts into this basic framework.
If you are a Houston worker like the Provider-at-Risk (Mike) persona, just picked up on a DWI after a long shift and a couple of beers, you probably want a clear answer about your exact charge level and what it means for your job and license. This guide walks through the charge ladder step by step: when DWI stays a Class B misdemeanor, when it jumps to Class A, and when it crosses the line into felony territory based on BAC, prior convictions, and aggravating facts.
Quick Summary: Class B vs Class A vs Felony DWI In Texas
| Situation | Typical Charge Level | Key Factors |
|---|---|---|
| First DWI, BAC 0.08 to under 0.15, no crash or child passenger | Class B misdemeanor | Standard first offense, most common scenario |
| First DWI, BAC 0.15 or higher | Class A misdemeanor | High BAC enhancement based on the breath or blood test |
| DWI with one prior DWI conviction | Class A misdemeanor | Enhanced because of the prior conviction |
| DWI with two or more prior DWI convictions | Third degree felony | Felony DWI based on repeat offender status |
| DWI with child passenger (under 15) | State jail felony | Felony regardless of BAC or prior record |
| Intoxication assault (serious bodily injury) or intoxication manslaughter | Felony | Serious injury or death related to intoxication |
These are the broad categories under Texas Penal Code Chapter 49 (DWI statutes and penalties). Your exact charge can also be affected by local policies in Harris County and nearby counties, details of your driving record, and what evidence officers claim to have gathered at the scene.
Understanding The Basic Class B DWI Definition In Texas
For most first time arrests, the starting point is the Class B DWI definition in Texas. Under Chapter 49, you commit DWI if you are operating a motor vehicle in a public place while intoxicated, which usually means a BAC of 0.08 or higher, or loss of normal mental or physical faculties because of alcohol or drugs.
Class B DWI in Texas usually means:
- First DWI arrest
- BAC of at least 0.08 but under 0.15
- No child passenger in the vehicle
- No serious injury or death from a crash
Penalties for a Class B DWI typically include:
- Up to 180 days in county jail
- Up to a $2,000 fine
- License suspension ranging from 90 days to 1 year on conviction, plus possible separate ALR suspension
- Mandatory DWI education, community service, and court costs
If you are a mid career construction manager in Houston, this is probably the scenario you picture: pulled over after leaving a job site get together, officer says you swerved, you blow around 0.10, and now you are sitting in a holding cell. You are not just worried about jail. You are thinking about job site access, your license, and whether a Class B DWI in Texas is something your employer can see and use against you.
From a records perspective, any DWI conviction in Texas, even a Class B, is a criminal record entry that does not simply fall off after a few years. That is why understanding whether there is any room to challenge the stop, the test, or the charge level is so important.
When A Texas DWI Jumps To Class A: High BAC Or A Prior Conviction
Many people ask about a Class A DWI with high BAC because they have heard that a certain test result automatically makes things worse. Texas law creates Class A level punishment in two main DWI situations.
1. High BAC, Even On A First Offense
If your BAC is 0.15 or higher, your DWI is normally filed as a Class A misdemeanor even if it is your first arrest. The idea is that a high BAC is more dangerous, so the law increases the penalty range.
Class A DWI penalties in Texas usually include:
- Up to 1 year in county jail
- Up to a $4,000 fine
- License suspension that can be longer than for a Class B, plus ignition interlock requirements in many cases
For a Houston worker like Mike, that shift from Class B to Class A can mean higher fines, more pressure for extended probation terms, and a greater risk that a court or employer treats the case as “serious drinking” instead of a borderline mistake. It can also change how prosecutors in Harris County view offers or diversion options.
2. One Prior DWI Conviction
The second way DWI becomes Class A is through enhancement based on prior DWI convictions. If you have one prior DWI conviction, a new DWI charge is typically filed as a Class A misdemeanor, even if the new BAC is below 0.15.
For example, imagine you had a DWI in your twenties, took probation, and moved on. Ten years later, you are stopped in west Houston after a client dinner and arrested again with a 0.10 BAC. Even though the BAC is not in the high range, the prior conviction can bump this second case to a Class A DWI. That raises the jail risk and supervision conditions and can trigger longer license consequences.
For readers in the Analytical Planner (Daniel/Ryan) group, the underlying authority is in Texas Penal Code sections within Chapter 49 that set the base DWI offense and enhancement ranges for high BAC and prior convictions. The exact wording is technical, but the practical result is the same: one prior or a 0.15 or higher reading is enough to move you into the Class A bracket even without an injury crash.
Felony DWI Classification In Texas: When It Stops Being “Just A Misdemeanor”
Texas law treats certain DWI situations as felonies even if there is no major accident. Understanding felony DWI classification in Texas is critical because this is where you move from county jail exposure to prison range punishment and a permanent felony record.
Situations where DWI is charged as a felony usually include:
- DWI with two or more prior DWI convictions (third degree felony)
- DWI with child passenger under age 15 (state jail felony)
- Intoxication assault when serious bodily injury is caused
- Intoxication manslaughter when death is caused
If you are trying to keep track of how prior convictions and BAC interact, remember that how prior convictions and high BAC can elevate charges is driven mainly by the count of prior DWIs and the presence of any injury or child passenger, not just the number on the breath test alone.
Felony DWI Based On Two Or More Priors
A third DWI in Texas is usually filed as a third degree felony. The potential punishment range is:
- 2 to 10 years in prison
- Up to a $10,000 fine
- Lengthy license suspensions and strict supervision conditions
If you are in the Experienced Defender (Marcus/Chris) group, you may be focused on how old priors must be and whether out of state convictions count. In general, Texas can use many prior DWI convictions to enhance, and there is no simple “age out” date that makes them vanish for enhancement purposes, though the details can be fact specific and subject to legal challenge.
DWI With Child Passenger
If a child younger than 15 is in the vehicle, DWI becomes a state jail felony even on a first offense and regardless of BAC. That is a big surprise for many drivers who thought they were dealing with a standard misdemeanor DWI.
For a Houston parent driving home from a family function, this can be devastating. A simple stop for speeding on I 10 or 290 can suddenly become a felony DWI with child passenger if there is an open case for intoxication and your child is in a booster seat in the back.
Intoxication Assault And Intoxication Manslaughter
Intoxication assault charges apply when serious bodily injury results from an intoxication related crash. Intoxication manslaughter applies when a person is killed. These are serious felonies, with ranges that can go up to 20 years in prison for intoxication manslaughter, along with long term license consequences and intense supervision if the person is ever released.
For a Career-Focused Executive (Sophia/Jason), the label “felony” versus “Class A misdemeanor” is also about reputation and future opportunities. A felony DWI or intoxication manslaughter conviction can close doors to certain industries, corporate roles, and professional licenses in a way that most Class B and even Class A misdemeanors may not, especially for national employers with strict background check policies.
For a deeper dive into where the lines are drawn between misdemeanor levels and felony charges, you may want to read an overview of misdemeanor, Class A, and felony tiers that walks through common fact patterns and charge decisions.
How BAC, Priors, And Aggravating Factors Work Together
Many Houston drivers want to know whether they will be treated as Class B, Class A, or felony for DWI, but the answer is rarely based on a single detail. The court and prosecutors look at BAC, prior record, and aggravating facts together.
Scenario 1: First Arrest, BAC 0.10
You are stopped on I 45 heading north after work. Officer claims you drifted over the line. You blow a 0.10 on the breath test. You have no prior DWIs and no one is injured. In most cases, this is filed as a Class B DWI in Texas.
This is probably the picture for the Provider-at-Risk (Mike). The main concerns here are keeping a conviction off your record if possible, managing the license suspension risk, and understanding how probation or any programs would affect your work schedule.
Scenario 2: First Arrest, BAC 0.18
Same facts, but the blood result comes back at 0.18. Now, the charge is likely a Class A DWI with high BAC. You are in a higher penalty range, and the court may be more likely to require ignition interlock, more community service, and stricter probation rules.
Some drivers assume the difference between 0.10 and 0.18 is minor, but on paper it is a jump from Class B to Class A, which can matter on background checks and in any future case.
Scenario 3: Second DWI, BAC 0.09
You had a DWI eight years ago in another Texas county, pled guilty, and completed probation. Now you are stopped again in Harris County with a BAC of 0.09. Even though the number is not high, the presence of the prior conviction usually makes this a Class A misdemeanor DWI under Texas enhancement laws.
The common misconception here is that “old” DWIs do not count. In reality, prior DWI convictions can often be used to enhance, even if years have passed. That is one of the key statutory enhancements and felony triggers for DWI that catches people off guard.
Scenario 4: Third DWI
If you have two prior DWI convictions anywhere in Texas, a new DWI is usually filed as a third degree felony. BAC still matters for conditions and future risk, but the class classification as a felony is driven mainly by the number of priors at this point.
At the felony stage, probation can still happen in some cases, but the possibility of time in the Texas Department of Criminal Justice is on the table. For someone in a skilled trade, management, or licensed profession, a felony record can be far more damaging than any short jail stay.
ALR License Suspension: The 15 Day Deadline You Cannot Ignore
Aside from the criminal case, a Texas DWI arrest triggers a separate civil process called Administrative License Revocation (ALR). This is where the Department of Public Safety tries to suspend your license simply because you either blew over 0.08 or refused testing.
Here is the critical point: you usually have only 15 days from the date you received the notice (often the date of arrest) to request an ALR hearing. If you miss that deadline, your license can be automatically suspended, even if the criminal case is still pending. For more details on what to do in the 15‑day ALR deadline, there are resources that walk you through the steps Houston drivers must take to try to protect their license.
The Texas DPS overview of the ALR program and deadlines explains the basic rules from the state’s viewpoint, including potential suspension lengths for first and repeat DWIs and what happens if you win or lose the hearing.
If you are the Provider-at-Risk (Mike), this is where job fears get real. If your license is suspended and you drive a truck between sites, supervise crews on the road, or commute across Houston freeways, losing your license for even 90 days can be a serious hit to your income. Acting quickly in the ALR window is one part of protecting your ability to keep working.
Professional And Career Consequences Of Texas DWI Charge Levels
People often focus on jail time and fines, but for many Houston professionals, the real damage is to career paths and professional licensing. Charge level matters here because employers and licensing boards often treat Class B, Class A, and felony DWI differently.
For a Healthcare Professional (Elena), even a Class B DWI can raise questions with a nursing board or other licensing authority, especially if there is a high BAC or repeat behavior. Some boards require self reporting within a certain number of days after an arrest or conviction, and they may expect proof of treatment, evaluation, or monitoring as a condition of keeping your license.
For the Career-Focused Executive (Sophia/Jason) persona, background checks, promotion paths, and travel privileges can all be affected. A Class B may be survivable with a clear explanation and strong performance record, but a Class A or felony DWI might trigger internal review by HR or compliance departments, especially in finance, energy, transportation, or healthcare leadership roles.
Even if your current employer is flexible, future employers may view a felony DWI or an intoxication assault conviction as a major red flag. That is why understanding where your case might land on the Class B, Class A, or felony spectrum is not just a technical legal question. It goes directly to your long term ability to support your family and progress in your field.
Local Practice: How Houston TX Courts Treat DWI As Class B, Class A, Or Felony
While the statute is statewide, Houston TX courts treating DWI as Class B, Class A, or felony can have some local patterns. Harris County prosecutors use internal policies to decide how to file DWIs based on BAC, priors, and facts of the arrest. Nearby counties like Montgomery, Fort Bend, and Brazoria may vary slightly in how aggressive they are with enhancements or probation recommendations.
In general:
- Harris County will usually file first time DWIs as Class B unless BAC is at or above 0.15 or there is a child passenger or serious injury.
- If your test result is close to 0.15, the exact charge may depend on the lab number and how the prosecutor views the evidence.
- Priors that appear in statewide or national databases often lead to enhancements, even if the prior case was handled in a small or distant county.
- Felony filings for third or more DWI, child passenger, intoxication assault, and intoxication manslaughter are typically mandatory from the prosecutor’s standpoint.
For the Analytical Planner (Daniel/Ryan), it can help to know that the statute sets the outer boundaries, but local discretion affects plea offers, diversion options, and whether some borderline cases stay Class B versus moving up to Class A. For the Provider-at-Risk (Mike), the takeaway is that the exact charge printed on your paperwork is not always the final word, especially early in the case, but it does set the tone.
Plain Warning For First Timers: It Is More Than A Traffic Ticket
For the Uninformed Night‑Out (Tyler) persona, it is important to stress that a Texas DWI is not just a traffic ticket with a big fine. It is a criminal charge that can lead to jail time, a permanent record, and license suspension, even on a first offense.
A common myth is “I will just pay it and move on.” In Texas, you cannot simply pay a Class B or Class A DWI and treat it like a speeding ticket. A conviction stays on your record and can be used to enhance any future DWIs, potentially turning them into felonies. That is true whether your first case was in Harris County, Galveston County, or another part of the state.
For The Experienced Defender (Marcus/Chris): Limits Of Enhancement And Statutory Notes
The Experienced Defender (Marcus/Chris) persona may be focused on how far Texas can go when stacking enhancements. A few key points, in plain language:
- Chapter 49 outlines the base offense of DWI and related intoxication crimes. Enhancements for prior DWIs, high BAC, child passengers, and injury or death raise the charge level and punishment range.
- Not every prior alcohol related offense counts the same way for enhancement, but prior DWI convictions are the main drivers for changing a new case from Class B to Class A or felony.
- There are fact specific and constitutional challenges that can sometimes limit which priors count, such as defects in the prior plea or representation. Those are important, but beyond the scope of a general overview like this.
- The state must still prove the prior convictions used for enhancement, which can involve certified records, judgments, and sometimes fingerprint comparisons.
Even if you are deeply familiar with criminal law, it is worth revisiting how high BAC and child passenger enhancements interact with prior based felony rules, especially when advising friends or family who assume that time alone erases prior DWIs from enhancement consideration.
Frequently Asked Questions About What Class Is A DWI In Texas
Is my first DWI in Houston always a Class B misdemeanor?
Not always. Most first time DWIs with a BAC between 0.08 and under 0.15, no child passenger, and no serious injury are Class B misdemeanors. If your BAC is 0.15 or higher, or there is a child under 15 in the vehicle, your first DWI can be filed as Class A or even a state jail felony, depending on the facts.
When does a Texas DWI become a felony instead of a misdemeanor?
A DWI in Texas usually becomes a felony when you have two or more prior DWI convictions, when there is a child passenger under 15, or when someone suffers serious bodily injury or is killed in an intoxication related crash. At that point, you move into felony punishment ranges, which can involve years in prison and a permanent felony record, instead of months in county jail.
How does my BAC level change whether my DWI is Class B or Class A?
If your BAC is at least 0.08 but under 0.15, your first DWI is usually a Class B misdemeanor. When your BAC is 0.15 or higher, Texas law typically enhances the charge to a Class A misdemeanor, which doubles the maximum jail time from 180 days to 1 year and increases the maximum fine from $2,000 to $4,000.
What happens to my Texas driver’s license after a DWI arrest?
After a DWI arrest in Texas, you face a possible ALR suspension separate from the criminal case. You usually have 15 days from the date of notice to request an ALR hearing, or your license can be automatically suspended for a period that can range from 90 days to 2 years depending on prior history and refusal versus failure.
How long will a DWI conviction stay on my record in Texas?
In Texas, a DWI conviction does not simply drop off your record after a set number of years. It can remain on your criminal history indefinitely and can be used to enhance future DWI charges from Class B to Class A or felony, which is why many people focus on options that avoid a final DWI conviction when possible.
Why Acting Early On Your Texas DWI Matters
If you were arrested last weekend in Houston and are just now reading the paperwork, it is easy to freeze and hope things will sort themselves out. The problem is that deadlines like the 15 day ALR clock start running immediately, even before you first appear in a Harris County court. Waiting too long can close off some options that might have helped with license protection or evidence gathering.
For the Provider-at-Risk (Mike) persona, early action is about protecting your ability to keep working and supporting your family. For the Analytical Planner (Daniel/Ryan) and Experienced Defender (Marcus/Chris), it allows time to analyze the statutory basis for any enhancements, review BAC testing procedures, and confirm whether prior convictions are validly alleged. For the Career-Focused Executive (Sophia/Jason) and Healthcare Professional (Elena), it also gives room to plan for any required disclosures to licensing boards or employers and to gather mitigation that may help limit long term damage.
Whatever your background, a clear understanding of what class a DWI in Texas is in your particular situation is the starting point. From there, you can talk with a qualified Texas DWI lawyer about realistic goals, possible defenses, and the best way to protect your license, record, and livelihood.
Short Video: Misdemeanor DWI Versus Felony DWI In Texas
If you are still trying to get a fast, plain spoken answer before diving into all the details, this short video explains when a Texas DWI stays a misdemeanor and when it can turn into a felony based on priors and aggravating facts. It is especially helpful if you were just arrested and want to understand whether your case is likely to be Class B, Class A, or a felony level charge.
For a concise summary of firm credentials that some readers find helpful, you can review the Butler Law Firm attorney profile and firm credentials on a national legal directory.
Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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