Understanding the Seven Different Types of DWI in Texas

 Posted on June 20, 2025 in DWI

Although DWI charges in the state of Texas are similar in many ways, there are some important differences that can mean the difference between a misdemeanor and a felony, as well as significant differences in penalties. Knowing exactly what penalties your charges could incur helps you make better decisions.

DWI charges involve a Blood Alcohol Concentration (BAC) of 0.08 percent or higher or the loss of the normal use of mental or physical faculties as a result of alcohol, drugs, or a combination of substances. Driving While Intoxicated (DWI) charges apply to adults with a BAC of 0.08 percent or higher or other clear signs of impairment. If you have been charged with DWI, the single best step you can take is to speak to a knowledgeable Weatherford, TX DUI attorney. The seven types of DWI in the state include:

First-time DWI

A person with no prior DWI convictions who is arrested and charged with a first-time DWI will face Class B misdemeanor charges unless there are aggravating factors. Texas Penal Code Section 49.01(2) details Texas DWI. Potential penalties include a maximum fine of $2,000, a license suspension between three months and one year, and up to 180 days in jail.

Felony DWI for a Third or Subsequent DWI

If the arrest is a third or subsequent DWI, it is charged as a third-degree felony. Penalties for a third-degree felony in Texas include between two and 10 years in prison, a maximum fine of $10,000, a license suspension between 180 days and two years, and a mandatory ignition interlock device.

Felony DWI for Having a Passenger Under the Age of 15

If the person arrested for DWI had a passenger in the car who was 15 or younger, the offense is a state jail felony. The penalties for a state jail felony include between 180 days and two years in jail, a maximum fine of $10,000, a driver’s license suspension from 90 days to one year, and a mandatory ignition interlock device.

Felony DWI for Intoxication Assault

Intoxication assault is for incidents where a person has an accident while intoxicated, causing serious bodily injury to another person. Intoxication Assault is a third-degree felony or a second-degree felony if the victim is law enforcement, a firefighter, or emergency medical personnel.

A third-degree felony has penalties of between two and 10 years in prison, a maximum fine of $10,000, a driver’s license suspension from 90 days to one year, up to 1,000 hours of community service, and the mandatory installation of an ignition interlock device. Penalties for a second-degree felony include two to 20 years in prison, a maximum fine of $10,000, and a license suspension for one to two years.

Felony DWI Intoxication Manslaughter

Intoxication manslaughter can be charged if intoxication leads to the death of another person. This is a second-degree felony. Penalties for a conviction include two to 20 years in prison, a maximum fine of $10,000, and a license suspension for one to two years. If the victim is a law enforcement officer, firefighter, or emergency medical personnel, the offense becomes a first-degree felony, carrying penalties of between five and 99 years or life imprisonment, a maximum fine of $10,000, and a license suspension of one to two years.

Drug-Related DWI

A drug-related DWI charge in Texas arises when a person is found to be operating a motor vehicle while impaired by prescription medications, over-the-counter medications, or illegal substances. Penalties for a drug-related DWI will depend on the specific drug.

DWI with a BAC Over 0.15 Percent

Regardless of whether the current charges are for a first or subsequent DWI, the offense is enhanced if the driver’s BAC is higher than 0.15 percent. For a first DWI, the offense becomes a Class A misdemeanor, with higher fines and longer jail sentences, along with mandatory installation of an ignition interlock device.  

Contact a Parker County, TX DWI Attorney

If you are facing DWI charges, it can be extremely beneficial to speak to a Weatherford, TX DWI lawyer from Soraya Joslin, P.C.. Attorney Joslin served as an ADA for several years and has almost three decades of experience. Call 817-599-7005 to schedule your free consultation.