If you’ve been charged with a DWI in Texas, you’re probably wondering just how bad things are going to get. The truth is, not all DWI charges are created equal, and knowing exactly what you’re up against is the first step in mounting an effective defense before you take on Texas’ flawed and overzealous DWI prosecution system.
Here are the different types of DWI charges you might be facing in Texas:
| Offense | Definition | Charge | Jail time | License suspension | Fines |
| DWI first offense | Driving while intoxicated (BAC ≥ 0.08) for the first time | Class B misdemeanor | 3 days – 180 days | 90 days – 1 year | Up to $2,000 |
| DUI (for minors) | Drivers under 21 with any detectable amount of alcohol | Class C misdemeanor | None (fine only) | 60 – 180 days | Up to $500 |
| DWI first offense with a BAC greater than .15 | Driving while intoxicated with a blood alcohol content of 0.15 or higher | Class A misdemeanor | 30 days – 1 year | 180 days – 2 years | Up to $4,000 |
| DWI second offense | Second DWI arrest regardless of BAC | Class A misdemeanor | 30 days – 1 year | 180 days – 2 years | Up to $4,000 |
| DWI third offense | Third (or subsequent) DWI arrest | Third-degree felony | 2 – 10 years | 180 days – 2 years | Up to $10,000 |
| DWI w/ a child passenger | Driving while intoxicated with a passenger under 15 years old | State jail felony | 180 days – 2 years | Up to 180 days | Up to $10,000 |
| Intoxication assault | When your DWI causes serious bodily injury | Third-degree felony | 2 – 10 years | 180 days – 2 years | Up to $10,000 |
| Intoxication manslaughter | When your DWI results in someone’s death | Second-degree felony | 2 – 20 years | 180 days – 2 years | Up to $10,000 |
No matter which type of DWI charge you’re facing, you need an attorney who knows how to challenge the junk science that these charges are built on. Mark Thiessen is a board-certified ACS-CHAL Lawyer-Scientist who has secured hundreds of Not Guilty verdicts and thousands of dismissals for clients facing serious DWI charges. Call Thiessen Law Firm today at (713) 864-9000 to begin building your defense and protecting your future.
What are the different levels of DWI in Texas?
When it comes to DWI in Texas, the legal system doesn’t play around. The DWI Texas penal code (located in Texas Penal Code § 49) classifies these offenses based on your prior history, BAC level, and whether anyone was harmed.
While a first offense might be “just” a misdemeanor, factors like high BAC, prior convictions, or having a child in the car can quickly elevate your charge to felony territory. What many people don’t understand is that these “levels” aren’t just about jail time — they’re about the long-term impact on your life, including license suspension, skyrocketing insurance rates, and employment difficulties that can haunt you for decades.
First offense DWI
Your first DWI in Texas might seem like a “minor” offense compared to others, but don’t be fooled. As a Class B misdemeanor, you’re facing up to 180 days in jail, fines up to $2,000, and a driver’s license suspension lasting up to a year. Plus, thanks to Texas’s mandatory minimums, you’ll spend at least 72 hours behind bars — even with a perfect record before this.
Many clients ask about the chances of dismissal of DWI Texas cases, and while nothing is guaranteed, first-time offenses often have the best shot if there are procedural issues or flaws in the evidence. The good news? A first offense DWI in Texas can result in probation instead of jail time if you have the right representation challenging the prosecution’s case.
DUI (for minors)
Understanding the difference between DWI and DUI in Texas is important if you’re under 21 or if your kids are. While adults get charged with DWI when they’ve lost their “normal use of mental or physical faculties,” minors face DUI charges for having ANY detectable amount of alcohol in their system — even a sip can legally put you over the limit. This is a Class C misdemeanor with a fine up to $500, but don’t let that fool you.
The real pain comes from license suspension (up to a year), mandatory alcohol awareness classes, and community service. Plus, this stays on your record and can affect college applications and job prospects. If you’re under 21 and facing charges, you need to know that the standards for conviction are much lower, making specialized defense even more important.
It’s also important to note that minors can also be charged with more serious DWI charges if they’re caught driving over .08 or without the normal use of mental or physical faculties.
DWI with BAC over .15
When your BAC hits .15 or higher (nearly twice the legal drinking limit in Texas of .08%), things get serious fast. This enhanced charge jumps to a Class A misdemeanor, doubling potential jail time to a year and fines up to $4,000. What’s worse, these cases often involve mandatory installation of an ignition interlock device in your vehicle — at your expense.
The prosecution loves these cases because they think the high BAC number makes them a slam dunk. What they don’t tell you is that breath test machines are notoriously unreliable, and blood tests can be contaminated or mishandled. These scientific failures are exactly why you need a lawyer who understands the chemistry behind BAC testing and can challenge these falsely elevated readings in court.
Second offense DWI
A second DWI charge means the gloves are off. As a Class A misdemeanor, you’re facing up to a year in jail, fines up to $4,000, and a driver’s license suspension for up to two years. The minimum jail time jumps to 30 days, which means you’re guaranteed to serve at least a month unless your case gets dismissed or you’re found Not Guilty.
Texas takes repeat offenses seriously, and prosecutors will argue for the harshest penalties possible, often bringing up your previous conviction to paint you as a public menace. This is where the Fifth Amendment becomes necessary — you have the right to remain silent about past convictions and to have a lawyer who knows how to keep prejudicial information from influencing your current case. With stakes this high, trying to handle a second offense without the best DWI lawyer you can find is like performing surgery on yourself — dangerous and likely to end badly.
Third offense DWI
With a third DWI arrest, you’re now in felony territory, and the question “Is a DWI a felony in Texas?” has a definitive answer: absolutely. Third degree felony charges carry 2 – 10 years in state prison and fines up to $10,000. The minimum prison time is 2 years, though probation might be possible with the right defense strategy. Your license suspension can last up to two years, and you’ll likely face mandatory installation of an ignition interlock device. You’re also looking at the permanent loss of certain civil rights, like voting or owning firearms.
At this point, some lawyers might tell you to just plead guilty and hope for leniency. We strongly disagree. Third offense cases often involve outdated prior convictions or DWIs from other states that might not legally count toward enhancement in Texas. Don’t give up before exploring every avenue of defense.
DWI with a child passenger
If you’re arrested for DWI with a passenger under 15 years old, you’re facing immediate felony charges — even as a first-time offender. This is what we call an aggravated DWI charge, and it comes with state jail felony penalties: 180 days to 2 years in state jail and fines up to $10,000. But the legal consequences are just the beginning.
These cases almost always trigger automatic CPS investigations that can impact your custody rights or even result in temporary removal of your children. The prosecution will paint you as a parent who endangered their child, turning the jury against you before evidence is even presented. This emotional approach often overshadows the actual facts of your case, which is why having experienced DWI defense in Houston who knows how to refocus the jury on the scientific evidence is going to be life or death.
Intoxication assault
When a DWI leads to someone suffering serious bodily injury, you’ll face intoxication assault charges — a third degree felony carrying 2 – 10 years in prison and fines up to $10,000. “Serious bodily injury” means creating a substantial risk of death, permanent disfigurement, or extended loss of any bodily function.
The prosecution must prove both that you were intoxicated AND that your intoxication caused the injury, which opens multiple avenues for defense. Was the victim partially responsible? Were road conditions a factor? Did a medical condition contribute to the accident? These cases are technically complex and emotionally charged, with prosecutors often bringing in the injured party to testify about their suffering. Do I need a lawyer for a DWI involving injury? Absolutely — and not just any lawyer, but one with trial experience handling these high-stakes cases.
Intoxication manslaughter
The most serious DWI charge in Texas occurs when someone dies as a result of an alleged drunk driving incident. This second degree felony carries 2 – 20 years in prison and fines up to $10,000, with cases often resulting in sentences toward the higher end of that range.
Intoxication manslaughter cases in Texas are emotionally devastating for everyone involved, and juries can be prejudiced before hearing a single piece of evidence.
However, even these cases aren’t hopeless; issues with blood testing, accident reconstruction, or medical evidence about the cause of death can sometimes provide the foundation for a defense strategy. While nothing can undo the tragedy, ensuring you’re not unjustly punished requires dedicated and scientifically-sound defense — and Mark Thiessen is one of few lawyers in Texas that has actually won multiple intoxication manslaughter cases.
DWI in Texas — FAQs
What is the difference between a DWI and an aggravated DWI?
A standard DWI becomes an aggravated DWI when certain factors escalate the severity of the charge. In Texas, these aggravating factors include:
- Having a BAC of .15 or higher
- Causing an accident with injuries
- Having a child passenger under 15
- Having prior DWI convictions
While a basic first-offense DWI is a Class B misdemeanor, these aggravating factors can quickly bump your charge to a Class A misdemeanor or various levels of felony.
How long does a DWI last in Texas?
A DWI conviction in Texas stays on your record permanently unless you take specific legal action to address it. This permanent mark affects everything from your insurance rates and employment opportunities to professional licensing and housing applications for decades after your case concludes. Unlike some states that automatically clear DWIs after a certain number of years, Texas requires you to be proactive about clearing your record — and many cases aren’t eligible for expungement at all.
How to get rid of a DWI in Texas?
Getting your first DWI in Texas dismissed is the ideal outcome, but it requires challenging the prosecution’s evidence with scientific expertise and procedural knowledge. If your case has already resulted in conviction, you may still have options like an order of nondisclosure (sealing your record from public view) if you meet strict eligibility requirements and complete a supervised probation period with an ignition interlock device.
Remember that not all DWI convictions qualify for these remedies, which is why fighting the charge aggressively from the beginning gives you the best chance at protecting your future.
Your freedom is worth fighting for — and Thiessen Law Firm doesn’t back down from a fight.
When prosecutors try to convict you for any one of these types of DWI in Texas based on unreliable tests and cherry-picked evidence, you need more than just any lawyer — you need a DWI expert who knows exactly how to dismantle their case.
With more than 125 Not Guilty verdicts won and thousands of dismissals under our belt and specialized forensic training that most attorneys don’t have, we’re ready to put our track record to work for you. Take the first step toward beating your DWI charge by calling Thiessen Law Firm at (713) 864-9000 for a consultation today.
More Helpful Articles by Thiessen Law Firm:
- Pretrial Diversion vs. Deferred Adjudication in Texas
- DWI Child Passenger in Texas: What You Need to Know
- Can You Get a DWI Expunged in Texas?
- How a DWI Attorney Fights a DWI in Texas
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