Every Texas DWI Charge, From Class B to First-Degree Felony

The grid on the DWI hub asks what you are charged with and sends you straight to the answer. This page does the other job: it explains how Texas builds the ladder in the first place. Six levels, and four facts that move you up it, which is why two people arrested the same night on the same road can be facing a Class B misdemeanor and a second-degree felony.

The Charge Ladder in One Table

Texas does not have one DWI offense. It has a ladder, and where a case lands on it is decided by a handful of specific facts rather than by how bad the night felt.

Two things about this table are worth saying out loud. It shows classification, not punishment: what each level actually costs is on Texas DWI Penalties. And a single case can sit on more than one rung, because a third offense that also involved a child passenger is charged as whatever is most serious, with each charge answered on its own terms.

How a DWI charge escalates

Every Texas DWI starts from the same core offense under Texas Penal Code §49.04, operating a motor vehicle in a public place while intoxicated, but the charge level climbs based on aggravating facts. Five things drive a DWI up the ladder: a higher BAC, prior DWI convictions, serious injury or death, a child passenger, and certain special circumstances. Knowing which of these apply to a case tells you almost everything about how serious it is. Start with what a DWI is and what the legal BAC limit means.

Misdemeanor DWI charges

Most first and second DWIs are misdemeanors, but even within that tier the level matters.

• First Offense DWI. A first DWI is generally a Class B misdemeanor under §49.04(b), carrying 72 hours to 180 days in jail and a fine up to $2,000, plus a state fine at conviction. Since the 2019 law changes, an eligible first Class B can be resolved with deferred adjudication and later sealed.
• DWI with a BAC of 0.15 or Higher. When a first DWI involves a BAC of 0.15 or more, it jumps to a Class A misdemeanor under §49.04(d), up to a year in jail and a fine up to $4,000, and unlike a Class B, it is a permanent conviction that cannot be sealed. The line between 0.14 and 0.15 is one of the most consequential in Texas DWI law.
• Second Offense DWI. A second DWI is a Class A misdemeanor under §49.09(a), with heavier penalties, mandatory interlock, and no path to deferred adjudication.
• Underage DWI. A driver under 21 can be charged under the DWI statute when actually intoxicated, a far more serious matter than the lower-level “driving under the influence” offense that applies to any detectable alcohol.

Felony DWI charges

A DWI becomes a felony when priors stack up or when the facts turn serious, and the consequences change dramatically, including prison time and the loss of firearm rights. See Felony DWI for the full tier explainer.

• Third Offense DWI. A third DWI is a third-degree felony under §49.09(b), carrying 2 to 10 years in prison and a fine up to $10,000.
• DWI with a Child Passenger. Driving while intoxicated with a child under 15 in the vehicle is a state jail felony under §49.045, even on a first offense.
• Intoxication Assault. Causing serious bodily injury to another person while driving intoxicated is a third-degree felony under §49.07, rising to a second-degree felony where the person injured was a firefighter or EMS personnel in the actual discharge of an official duty, and to a first-degree felony where it was a peace officer or judge.
• Intoxication Manslaughter. Causing a death while driving intoxicated is a second-degree felony under §49.08, 2 to 20 years, and a first-degree felony in aggravated cases.

Felony DWIs are not eligible for deferred adjudication, and a felony conviction carries lifelong collateral consequences.

Drug-related DWI charges

A DWI does not require alcohol. Texas law covers intoxication by any substance that impairs, and drug cases bring their own evidentiary issues, because there is no per se legal limit for drugs the way there is a 0.08 for alcohol.

• Drugged Driving (DUID). Driving while impaired by any drug, legal or illegal, charged under the same DWI statute as alcohol.
• Marijuana DWI. A DWI based on marijuana impairment, where the science of proving current impairment is especially contestable.
• Prescription Drug DWI. A DWI based on lawfully prescribed medication, where a valid prescription is not a defense to impaired driving but the proof of impairment can be challenged.
• Xanax and Benzodiazepine DWI. Benzodiazepine cases are among the most common prescription DWI arrests and among the most contestable, because a blood level of Xanax does not track impairment the way an alcohol concentration does.

Special-circumstance charges

Some DWI-related charges turn on who you are or what you were operating.

• DWI with a CDL. Commercial drivers face a stricter 0.04 standard and disqualification consequences that threaten their livelihood, even for a DWI in a personal vehicle.
• Boating While Intoxicated (BWI). Operating a watercraft while intoxicated is its own offense under Penal Code §49.06, separate from DWI.
• DWI on a Suspended License. Driving while your license is already suspended or invalid is a separate charge often stacked on top of a DWI.

Why the charge level is the whole ballgame

Where a charge sits on this ladder determines almost everything that follows:

• Potential jail or prison time
• Fines
• Whether the conviction can ever be sealed
• Whether you keep your firearm rights
• How the charge affects your job, your license, and your immigration status

That is why so much of a strong defense is about the classification itself:

• Keeping a 0.15-plus reading below the line
• Preventing a third DWI from being proven up with valid priors
• Challenging whether serious injury or intoxication can actually be established

Moving a charge down a rung can change the entire outcome. See also DWI Penalties by Level.

Why forensic training matters across every charge

From the lowest misdemeanor to the most serious felony, Texas DWI charges turn on the same evidence: breath, blood, and field sobriety testing. Deandra Grant Law is led by an ACS-CHAL Forensic Lawyer-Scientist with a Master’s Degree in Pharmaceutical Science and a Graduate Certificate in Forensic Toxicology, who teaches gas chromatography at Axion Labs, authors the Texas DWI Manual, and is a certified SFST instructor. Partner Douglas Huff holds the same ACS-CHAL designation. Whether the case is a first offense or an intoxication manslaughter, the science is challenged at the level most lawyers cannot reach.

Frequently Asked Questions

What are the different DWI charges in Texas?

They range from a Class B misdemeanor first offense up to first-degree felonies. The level depends on your BAC, prior DWIs, whether anyone was injured or killed, whether a child was in the car, and other factors.

When is a DWI a felony in Texas?

A DWI is a felony when it is a third offense, involves a child passenger, causes serious bodily injury (intoxication assault), or causes a death (intoxication manslaughter). Felony DWIs carry prison time and are not eligible for deferred adjudication.

Why does a BAC of 0.15 matter?

At or above 0.15, a first DWI jumps from a Class B to a Class A misdemeanor, which carries heavier penalties and, critically, is a permanent conviction that cannot be sealed. Below 0.15, a first DWI can be eligible for deferred adjudication and later sealing.

Is a DWI always about alcohol?

No. Texas law covers intoxication by any impairing substance, so a DWI can be based on illegal drugs, marijuana, or even lawfully prescribed medication. Drug cases are harder to prove because there is no per se legal limit for drugs.

What makes one DWI charge more serious than another?

Aggravating facts: a higher BAC, prior convictions, serious injury or death, a child passenger, a commercial license, or a suspended license. Each can push a charge up to a higher level with much greater consequences.

Can the charge level be reduced?

Often the defense focuses on exactly that, keeping a reading below 0.15, challenging whether priors are valid, or contesting whether serious injury or intoxication can be proven. Moving a charge down a level can change the entire outcome.

Contact Deandra Grant Law

Every DWI charge sits somewhere on a ladder, and the rung decides the stakes. From a first offense to a felony, where a charge lands shapes everything that follows. Deandra Grant Law brings ACS-CHAL forensic training to DWI charges of every level across Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117 for a free, confidential consultation.

Every Charge in This Section

Grouped the way the enhancement ladder actually works. Prior convictions set the floor, aggravating facts raise it, the substance changes how the State proves the case rather than how badly it ends, and a few offenses sit outside the car entirely.

By the Numbers

The Aggravators

By the Substance

Beyond the Car

What Follows a Charge