The answer depends on whether the DWI was a misdemeanor or a felony and, critically, on whether you are asking about Texas law or federal law. The two frameworks are different, they operate independently, and a person who regains gun rights under Texas law may remain prohibited under federal law. Understanding both is essential before assuming a DWI conviction leaves your firearm rights intact.
Misdemeanor DWI: Texas Law Permits Firearms, With One Exception
Most first and second DWI convictions in Texas are misdemeanors:
First offense: Class B misdemeanor (standard) or Class A misdemeanor if the BAC was 0.15 percent or higher.
Second offense: Class A misdemeanor.
Under Texas law, a misdemeanor conviction (including a misdemeanor DWI) does not trigger the firearms prohibition in Texas Penal Code §46.04. That statute prohibits felons from possessing firearms, not misdemeanants. A person with one or two misdemeanor DWI convictions retains the right to possess firearms under Texas law.
The exception is the federal Lautenberg Amendment. Under 18 U.S.C. §922(g)(9), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition under federal law.
Felony DWI: State and Federal Prohibitions Both Apply
A DWI becomes a felony in Texas under four circumstances:
Third or subsequent DWI offense — Third-degree felony: 2 to 10 years in TDCJ, fine up to $10,000.
DWI with a child passenger (passenger under 15) — State jail felony: 180 days to 2 years in state jail, fine up to $10,000.
Intoxication assault — Third-degree felony: 2 to 10 years in TDCJ, fine up to $10,000.
Intoxication manslaughter — Second-degree felony: 2 to 20 years in TDCJ, fine up to $10,000.
A felony conviction for any of the above triggers firearms prohibitions under both Texas and federal law.
Texas Law: Texas Penal Code §46.04
Under Texas Penal Code §46.04, a person convicted of a felony may not possess a firearm before the fifth anniversary of the person’s release from confinement or from community supervision, whichever date is later. After that five-year period, Texas law permits possession of a firearm only at the person’s residence. Off-premises possession remains prohibited under state law even after the five-year period passes.
Federal Law: 18 U.S.C. §922(g)(1) — The Critical Provision
Under federal law, any person convicted of a crime punishable by imprisonment for a term exceeding one year is permanently prohibited from possessing firearms or ammunition. This is the federal felony firearms prohibition under 18 U.S.C. §922(g)(1), and it operates entirely independently of Texas law.
Texas’s five-year restoration does not lift the federal prohibition. A person who becomes eligible to possess a firearm at their Texas residence under §46.04(b) after five years remains prohibited under federal law. The federal statute provides a narrow exception for state convictions that have been “expunged” or for which civil rights have been restored but only if the restoration “expressly provides that the person may not ship, transport, possess, or receive firearms.” In practice, Texas’s civil rights restoration after a felony sentence does not satisfy the federal standard for lifting the §922(g)(1) prohibition.
This means a person with a Texas felony DWI conviction who possesses a firearm at their residence five years after completing their sentence is compliant with Texas Penal Code §46.04 but still in violation of 18 U.S.C. §922(g)(1). Federal prosecution for felon in possession is a separate criminal matter from state prosecution, and it carries its own serious penalties.
Federal Felon in Possession: What Is at Stake
Possessing a firearm as a prohibited person under federal law violates 18 U.S.C. §922(g). Federal prosecution for felon in possession carries:
Maximum sentence: 15 years in federal prison.
Armed Career Criminal Act enhancement: If the defendant has three or more prior convictions for violent felonies or serious drug offenses, the mandatory minimum jumps to 15 years.
No state parole system: Federal sentences are served in the federal Bureau of Prisons system, not TDCJ, and federal prisoners serve at least 85 percent of their sentence.
James Lee Bright, Of Counsel at Deandra Grant Law, has 25+ years of federal trial experience across all four Texas federal districts. Federal felon in possession cases are federal matters requiring federal defense counsel from the outset.
Texas Felon in Possession: What Is at Stake
Under Texas Penal Code §46.04, a felon who possesses a firearm within the prohibited period commits a third-degree felony:
Confinement: 2 to 10 years in TDCJ.
Fine: Up to $10,000.
What About Deferred Adjudication?
A first-offense DWI resolved through deferred adjudication under HB 3582 (effective 2023, for cases with BAC below 0.15 percent and no prior DWI history) does not result in a final conviction under Texas law. Deferred adjudication that is successfully completed results in dismissal, not conviction.
CDL holders note: Deferred adjudication is not available for a DWI.
The Most Important Takeaway
Do not assume that a Texas legal analysis is the end of the inquiry. The firearms consequences of a felony DWI conviction involve both state and federal law. Texas may restore certain rights after a period of time. Federal law may not. Possessing a firearm in compliance with Texas law while remaining prohibited under federal law creates federal criminal exposure that Texas law cannot resolve.
If you have a prior felony DWI conviction and questions about your firearms rights, or if you are currently facing a DWI charge and concerned about firearms consequences, the time to address it is before any conviction occurs. Fighting the charge aggressively is the most effective way to protect your gun rights, because the prohibition only attaches to a conviction.
Deandra Grant Law handles DWI defense and federal criminal defense throughout North Texas. Call (214) 225-7117 for a free, confidential consultation.
