Is a DWI a Misdemeanor or a Felony in Texas?
DWI and DWI 2nd are misdemeanor offenses in Texas. Among other things, each can carry up to one year in jail and up to a $4,000 fine, depending on your BAC.
A DWI third or more is a felony offense.
A first-time DWI is a misdemeanor in Texas, as is a DWI-2nd, a DWI with a BAC 0.15 or higher, and a DWI with an Open Container. Learn more.
However, the following DWI offenses are punishable as felonies in Texas: DWI 3rd or more, and DWI with a Child Passenger. Additionally, a first-time DWI is punishable as a felony if resulting in serious bodily injury or death.
- What level of misdemeanor is a DWI in Texas? A DWI first offense is a Class B misdemeanor. After one conviction, a subsequent DWI charge is enhanced to a Class A misdemeanor in Texas. A first-time DWI is also a class A misdemeanor if the driver’s BAC was 0.15 or higher. A DWI requires a minimum 6 days jail if the driver was found with an open container. Learn more.
- What Offense is a DWI in Texas? DWI is a serious criminal offense in Texas punishable as a misdemeanor or a felony depending on the number of prior convictions and the circumstances of the offense. 1st and 2nd DWI’s are misdemeanors, while a driver facing a 3rd (or more) DWI is subject to felony charges. DWI is punishable as the felony offenses Intoxication Assault, when the case results in serious bodily injury, and Intoxication Manslaughter, when resulting in death. A DWI driver with a child passenger under 15 is also subject to felony charges. Learn more.
WHEN IS A DWI A FELONY IN TEXAS?
DWI is a felony when a driver has 2 or more prior DWI convictions. DWI is also a felony when involving a child passenger under 15 years of age. Additionally, even a first DWI is punishable as the felony offenses Intoxication Assault and Intoxication Manslaughter if the case involved serious bodily injury or death.
- What is a DWI classified as in Texas? DWI is classified as a class B misdemeanor in Texas, but is enhanceable to either a class A misdemeanor if the driver has 1 prior conviction, or a 3rd degree felony if the driver has 2 or more prior convictions. Also a driver with a BAC of 0.15 or higher is subject to a class A misdemeanor charge, and a DWI driver with a child passenger can be charged with a State Jail felony.
- Is first DWI a felony in Texas? A first DWI is not a felony in Texas. A first DWI is a class B misdemeanor, or a class A misdemeanor when involving a BAC of 0.15 or higher. However, even a first DWI is punishable as the felony offenses Intoxication Assault or Intoxication Manslaughter if resulting in serious bodily injury or death.
- Is a second DWI a felony in Texas? No, a second DWI is a class A misdemeanor in Texas. However, a 3rd DWI is a felony in Texas, as are any DWI cases resulting in serious bodily injury or death.
HOW LONG DOES A MISDEMEANOR DWI STAY ON YOUR RECORD IN TEXAS?
A misdemeanor DWI is permanent even when dismissed. However, certain misdemeanor DWI cases may be removed from a criminal record by the powerful legal process of Expunction. Other DWI cases may qualify for an order of nondisclosure, which seals all records. Learn more.
- How long does a DWI felony stay on your record in Texas? A felony DWI stays permanently on criminal records in Texas even when the charges are dismissed. However, some felony DWI cases may qualify for an Expunction, which is legal proceeding that destroys all records of the arrest. Learn more.
- Is jail time mandatory for 1st DWI in Texas? No, jail time is not mandatory for a first-time DWI in Texas, though it is contemplated in the range of punishment. A DWI with an open container does carry a minimum 6 days jail though judges and prosecutors often waive or probate this requirement. Learn more.
WHAT MAKES A DWI A FELONY IN TEXAS?
A DWI is a felony if the driver has 2 or more prior DWI convictions or if there is a child passenger younger than 15 years of age. A DWI is also a felony if the case results in serious bodily injury or death.
- Can you get probation on a felony DWI in Texas? Yes, probation is available for felony DWI cases in Texas. However, Texas prosecutors are particularly strict with felony DWI cases. The best odds of securing a positive result in a Texas felony DWI is with an experienced DWI defense. Learn more.
- Can you own a gun with a felony DWI in Texas? Felony bond and probation conditions frequently prohibit gun ownership in Texas. Additionally, convicted felons cannot ever own or purchase a firearm under federal law. However, there are some exceptions to this ban. Learn more.
WHAT DO FIRST-TIME DWI OFFENDERS FACE TEXAS?
In Texas, first-time DWI offenders face jail time, costly fines, and lengthy license suspensions. An experienced DWI defense can leverage weaknesses in the prosecution case, providing a powerful advantage to secure probation, charge reduction, and dismissal of DWI charges in Texas. Learn more.
- How long is probation for first time DWI in Texas? Two years is the maximum probation length for a first DWI in Texas. However, any probation violations can lead to a revocation proceeding and possible jail time. Learn more.
- What is the typical sentence for DWI in Texas? All DWI cases in Texas can result in lengthy probation, thousands of dollars in fines, driver’s license suspension, and even jail in some circumstances. However, an experienced DWI defense can secure a reduction or a dismissal of Texas DWI charges. Learn more.
WHAT IS A DWI IN TEXAS .15 OR HIGHER?
DWI with BAC 0.15 or higher is a class A misdemeanor in Texas that results whenever a DWI driver submits a breath or blood sample with a BAC of at least 0.15. This offense is subject to a maximum $6000 fine and a maximum 12 month jail sentence.
- What is a class B misdemeanor in Texas? Class B misdemeanor is a classification of criminal offenses in Texas that carry a maximum $2000 fine and maximum 6 month jail sentence. A first-time DWI is considered a class B misdemeanor, however it is subject to an increased fine of $3000.
- What is a class C misdemeanor in Texas? Class C misdemeanor is a classification of criminal offenses in Texas that are punishable by a maximum $500 fine only. DUI minor, Public Intoxication, and Open Container are considered class C misdemeanors. Learn more.
- What is the lowest level of misdemeanor in Texas? Class C misdemeanors are the lowest level misdemeanors in Texas. Though they are punishable by fine only, class C misdemeanor can carry vast collateral consequences that can adversely affect the livelihood of many individuals. Learn more.
WHAT IS THE HIGHEST MISDEMEANOR IN TEXAS?
Class A misdemeanor is the highest-level misdemeanor in Texas. DWI 2nd and DWI with a BAC 0.15 or higher are considered class A misdemeanors in Texas. A conviction for these offenses is permanent and results in a driver’s license suspension.
- What are the 3 categories of misdemeanor in Texas? There are only 3 categories of misdemeanors in Texas, which are class A misdemeanor, class B misdemeanor, and class C misdemeanor.
- What is the most serious class of misdemeanor in Texas? Class A misdemeanor is the most serious class of misdemeanor in Texas. A class A misdemeanor carries a punishment of a maximum $4000 fine and 12 month jail sentence, though a class A misdemeanor DWI carries an increased maximum fine of $6000. Learn more.
DOES A DUI SHOW UP ON A BACKGROUND CHECK IN TEXAS?
A DUI will show up on a Texas background check even when the case is dismissed. However, a DUI case that has been expunged will not show up on criminal background check in Texas. Learn more.
- How many DWI cases get dismissed in Texas? DWI cases are dismissed, reduced, and resolved without conviction everyday in Texas courts. The best odds for beating a DWI case in Texas is with an experienced DWI lawyer well-versed in the science of DWI investigation. Learn more.
- Can I get a DWI off my record in Texas? DWI charges are permanent though some cases may qualify for an Expunction, which is a powerful legal tool that deletes all records of certain criminal offenses. Learn more.
DO I NEED A LAWYER FOR A DWI IN TEXAS?
Yes, every person charged with DWI in Texas needs a lawyer. It is not advised for anyone to face a DWI charge in Texas without a lawyer as the consequences are too costly. A skilled DWI lawyer can leverage weaknesses in the prosecution case to secure a reduction or a dismissal of a DWI charge in Texas. Learn more.
- What is the average cost of a first DWI in Texas? A first DWI can result in thousands of dollars of fines, lengthy probation, a license suspension, a permanent conviction, and even jail time in some instances. A skilled DWI lawyer may cost thousands of dollars in legal fees but offers the best odds of securing a victory in your Texas DWI case. Learn more.
- Can I get my license back after a DWI in Texas? Yes, a Texas driver’s license can be reinstated following a DWI after the expiration of any suspension period and payment of a reinstatement fee. Texas drivers can sometimes avoid a suspension altogether by contesting an ALR hearing. Learn more.
CAN YOU GET OFF PROBATION EARLY FOR A DWI IN TEXAS?
Yes, individuals who are on DWI Deferred Adjudication probation can petition and secure early termination of probation in some instances. Normal DWI probation does not qualify for early termination. Learn more.
- Can you move out of Texas while on probation of DWI? Yes, an individual on DWI probation can move out of Texas though this requires permission from the court. An experienced DWI lawyer can assist in filing the necessary petitions to secure this modification. Learn more.
- Can you drink alcohol while on probation for DWI in Texas? No, consumption of alcohol is prohibited by DWI probation conditions in Texas. Texans on DWI probation are subject to drug and alcohol testing and any violations can result in jail time. Learn more.
WHAT TO DO AFTER GETTING A DWI IN TEXAS?
It’s critical to act quickly following a DWI in Texas as driver’s license suspension deadlines immediately come into play. Also, Texas courts often impose bond conditions requiring strict compliance. Texans facing DWI charges in Texas should contact an experienced DWI attorney for guidance. Learn more.
- What is pretrial for DWI in Texas? Pretrial for DWI can refer to several different items. A DWI pretrial conference is a type of preliminary court hearing where Discovery and other matters are addressed. Pretrial services is an agency that frequently monitors individuals on DWI bond while the case is pending. A pretrial diversion is a program that can result in a dismissal of a DWI case in Texas.
- Do you lose your license for first DWI in Texas? Yes, even a first-time DWI can result in a suspension of a Texas driver’s license. However, motorists can sometimes avoid a license suspension by contesting an ALR hearing in Texas. Learn more.
HOW HARD IS IT TO BEAT A DWI IN TEXAS?
DWI is a serious offense that is prosecuted aggressively in Texas. However, a skilled DWI defense can identify problems in the prosecution case and secure reductions and dismissal of Texas DWI charges. Learn more.
- What are the chances of beating a DWI in Texas? You can’t win if you don’t fight. There are very real chances of beating DWI charges in Texas as these cases are reduced, dismissed, and resolved without conviction every day in Texas courts. Learn more.
- How long do you lose your license for a DWI in Texas? A DWI can result in up to a 2 year driver’s license suspension in Texas. However, Texas driver’s can request an ALR hearing and avoid a suspension altogether in some instances. Learn more.
IS TEXAS STRICT ON DWI?
Texas imposes severe consequences for DWI cases, including thousands of dollars in fines, and lengthy driver’s license suspensions. Prosecutors are aggressive in their duties and do not casually dismiss DWI cases on a whim. However, a skilled DWI lawyer can assist in getting the best outcome for Texas DWI cases.
- What is the best case scenario for a first time DUI in Texas? A dismissal is always the best-case scenario for any DUI case in Texas. However, Texas District and County Attorneys prosecute these cases aggressively, making an experienced DWI defense vital for beating a DUI case in Texas. Learn more.
- Can you drive after a DWI in Texas? Yes, Texas motorists can drive after a DWI provided that their driver’s license is not suspended. Drivers with suspended licenses may qualify for an occupational driver’s license allowing them to legally drive. Learn more.
HOW DOES A DWI AFFECT YOUR LIFE IN TEXAS?
Texas DWI consequences are severe, and can include thousands of dollars in fines, lengthy driver’s license suspensions, and a permanent criminal conviction. Texans facing DWI charges must build a powerful defense to avoid the costliest of consequences.
- What is the lowest felony in Texas? The lowest level felony in Texas is a State Jail felony, which carries a maximum $10,000 fine and a range of 180 days to 2 years imprisonment in a state jail facility. DWI with a Child Passenger is punishable as a State Jail felony.
WHAT IS THE 7 YEAR MISDEMEANOR RULE IN TEXAS?
There is no rule or law in Texas where misdemeanor criminal records automatically disappear after 7 years. All misdemeanors are permanent even when dismissed. However, some cases may qualify for an Expunction or Nondisclosure. Learn more.
- Do class C misdemeanors show up on background checks in Texas? Yes, class C misdemeanor cases can show up on background checks, especially when resulting in arrest. Class C misdemeanors, while common infractions, can impose severe collateral consequences. Learn more.
TREY PORTER NAMED BEST LAWYER IN DWI DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
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Trey Porter fought for me! I am a nurse and thought my career was over.
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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