Sharing a few facts Online

In Texas, a Driving While Intoxicated (DWI) offense is typically considered a misdemeanor for a first or second offense, but it can be charged as a felony under certain circumstances. Here’s how DWI offenses are categorized in Texas:

1. First DWI Offense: A first-time DWI offense in Texas is usually classified as a Class B misdemeanor, which may result in fines, license suspension, probation, and possibly a brief jail sentence. However, the offense can be enhanced to a Class A misdemeanor if the individual had an open container of alcohol in the vehicle at the time of the arrest.
2. Second DWI Offense: A second DWI offense in Texas is generally considered a Class A misdemeanor, with increased penalties including higher fines, longer license suspension, mandatory community service, and the possibility of a longer jail sentence.
3. Felony DWI Offenses: A DWI can be charged as a felony in Texas under certain circumstances, including:

• Third DWI Offense: A third DWI offense is considered a third-degree felony in Texas, which can result in more severe penalties, including significant fines, lengthy license suspension, mandatory ignition interlock device installation, and potential prison time.
• DWI with Child Passenger: If a person is arrested for DWI with a child younger than 15 years old in the vehicle, it can be charged as a state jail felony, even for a first offense.
• Intoxication Assault: Causing serious bodily injury to another person while driving under the influence can lead to intoxication assault charges, which is a third-degree felony in Texas.
• Intoxication Manslaughter: Causing the death of another person while driving under the influence is considered intoxication manslaughter, a second-degree felony in Texas with severe penalties, including significant prison time.

It’s important to note that the specific circumstances of each DWI case can impact how it is charged and whether it is classified as a misdemeanor or a felony in Texas. Repeat offenses, aggravating factors, and the presence of injuries or fatalities can lead to felony charges with more severe consequences. It’s advisable to seek legal counsel if facing DWI charges to understand your rights, options, and potential outcomes based on the details of your case.