Quick answer: A first or second DWI in Texas is a misdemeanor. It becomes a felony on a third offense, if a child under 15 was in the vehicle, or if someone was seriously injured or killed (intoxication assault or manslaughter). Felony DWI carries prison time of two years or more.
This video explains exactly when a Texas DWI crosses from misdemeanor to felony: third-offense DWI (third-degree felony, 2–10 years), DWI with a child passenger (state jail felony), intoxication assault (third-degree felony), and intoxication manslaughter (second-degree felony, 2–20 years).
It also covers a fact that surprises many clients: prior DWI convictions never “wash out” for enhancement in Texas — a conviction from decades ago can still make today’s charge a felony. That’s a major reason to fight the first one.
Related reading: Is a DWI a felony in Texas?
Contact Stephen T. Bowling, DWI & Criminal Defense Attorneys for a free consultation — we answer these questions about your specific case, at no cost and no obligation.
