How Texas classifies DWI charges
In Texas, DWI severity escalates quickly. A first offense is usually a Class B misdemeanor, but the charge can climb to a second-degree felony depending on prior convictions, BAC level, and whether anyone was injured.
- DWI 1st: Class B misdemeanor, up to 180 days in jail and a $2,000 fine.
- DWI 1st with BAC 0.15+: Class A misdemeanor, up to 1 year in jail and a $4,000 fine.
- DWI 2nd: Class A misdemeanor, up to 1 year in jail and a $4,000 fine.
- DWI 3rd or more: Third-degree felony, 2 to 10 years in prison and up to a $10,000 fine.
- DWI with child passenger: State jail felony, 180 days to 2 years and up to a $10,000 fine.
- Intoxication assault: Third-degree felony, 2 to 10 years in prison.
- Intoxication manslaughter: Second-degree felony, 2 to 20 years in prison.