Video: What constitutes a felony DWI in Texas?

Felony DWI in Texas

There are two types of felony DWI cases in Texas. The first is driving while intoxicated with a child passenger. That is a state jail felony that can be punished by 180 days in a state jail facility all the way up to two years in a state jail facility and a $10,000 fine. The second type of felony offense is if you have had at least two prior offenses for driving while intoxicated. Those offenses do not have to be from the state of Texas, and if they’re from other states, they can be called other names. As long as the underlying offenses are the same as a driving while intoxicated offense in Texas, and you have at least two of those, the state can proceed on a felony DWI case in Texas. For that felony, the punishment range is going to be at the minimum of two years in prison all the way up to 10 years in prison with a $10,000 fine.

The state can enhance that offense with prior felony convictions, making the punishment range even higher. If you are charged with a felony repetition DWI in Texas, it’s important to contact an experienced DWI attorney to see if there are alternatives to prison. In some counties, there are diversion programs that are meant to address alcoholism and gives the person an opportunity to stay out of prison.

Don’t Miss: Felony DWI Repetition in Texas

Bonus: Learn more about the Tarrant County FAIP Program.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese