The Key Differences Between Misdemeanor And Felony DWIs In Texas
In Texas, first and second DWI offenses are usually treated as misdemeanors, while a third or subsequent offense becomes a felony. Here’s how these charges differ and what each means in terms of potential penalties.
- First-Time DWI (Class B Misdemeanor)If you’re arrested for a DWI and your blood alcohol concentration (BAC) is below 0.15%, you’re generally charged with a Class B misdemeanor. This carries penalties of up to six months in jail and a fine of up to $2,000.
- DWI With BAC Over 0.15% & Second-Time DWI (Class A Misdemeanor)If your BAC is above 0.15% or this is your second DWI arrest, the charge becomes a Class A misdemeanor. Penalties increase to up to one year in jail and a fine of up to $4,000.
- Third-Time DWI (Third-Degree Felony)A third DWI offense is considered a third-degree felony in Texas. This brings the potential for up to 10 years in prison and fines of up to $10,000.While prison time is unlikely for a first or second DWI conviction (and often for a third), Texas law typically reserves probation for these cases unless an aggravating factor is involved.
- Fourth DWI & Beyond
A fourth DWI conviction almost always results in prison time. Additionally, if you’ve previously served prison time, the state may upgrade a felony DWI from a third-degree to a second-degree felony, carrying a sentence of 2 to 20 years. For those with two prior prison sentences, the state may designate you as a habitual offender, which carries a penalty range of 25 years to life in prison. Understanding these distinctions can help in evaluating your options and understanding what’s at stake if you’re facing DWI charges in Texas.
The Three Strikes Rule In Texas DWI
In Texas, a third DWI charge—no matter how long it’s been since the last one—is treated as a felony due to the “three strikes” rule. This harsh escalation is why we work so diligently to prevent a conviction, even on a first DWI charge.
For most people, the experience of a first DWI arrest and the stress it brings—thinking about a permanent record, future job prospects, and family impact—is often enough of a wake-up call to avoid the same situation in the future.
Still, life has its ups and downs, and everyone has moments where they may drink a bit more than planned, whether celebrating or managing a difficult time. Unfortunately, during tough times, alcohol can sometimes feel like a quick escape, but it often brings added complications.
That’s why we focus on doing everything we can to protect you from that first conviction. By making it as challenging as possible for the state to get a conviction on your first DWI, we’re helping to shield you from the tougher penalties that come with any future charges.
Third Strike Case Study: DWI Can Happen To Any Of Us
One client’s journey often comes to mind when I think about the risks of multiple DWIs and how easily life’s circumstances can lead someone down this path. He was first arrested for DWI at a young age. We worked together on a solid plan, which he followed through on, and ultimately, his case was dismissed. After nearly a year and a half of dealing with the case, he thanked me, saying he was sure he’d never be in this situation again.
A few years passed, and then I got another call from him. He’d been on vacation and had been arrested again for DWI. I assured him we’d handle it and invited him to come to the office. After thoroughly reviewing the evidence, we discovered that the officer hadn’t had a valid reason to stop him. We filed a motion to suppress, which the court granted, meaning all evidence against him was thrown out. The state dismissed the case, and once again, he thanked me, saying this would be the last time.
Attorney Ira Miller is a clever DWI defense lawyer from Texas who has helped clients just like you beat even the most challenging charges to avoid a life-changing conviction. His efficient and effective style has won numerous cases throughout the state, and his writing is based on years of courtroom and negotiation experience.
Are you or a loved one facing DWI charges for the first, second, or third time in Texas? Contact Ira Miller today to schedule an initial strategy session.
Call Us To Schedule Your Initial Strategy Session Today! (361) 344-4811
Another year or so went by, and he called once more, telling me he’d been arrested for DWI again. This time, after examining the facts, it was clear the state had a strong case. We discussed his options and devised a plan to apply for a pretrial diversion program, where his case could eventually be dismissed if he completed all the requirements. Thankfully, he was accepted, successfully completed the program, and we were able to get his case dismissed and later expunged.
This client’s story is a reminder that life’s twists and turns can catch anyone off guard. It’s why we work so hard to protect every client’s future and make sure they have every opportunity to avoid long-term consequences from a DWI.
What An Expungement Is And Why It Matters
In any DWI case, we aim to help clients qualify for an expungement—a court order that completely removes all records related to the case. With an expungement, it’s as if the arrest or charge never happened, providing you with a clean slate. There are five main ways to qualify for an expungement:
1. No Case Filed
If you’re arrested but the case is not formally filed, you may be eligible for an expungement after one to three years, depending on your prior record.
2. Case Dismissed
If the case is filed but later dismissed, you can usually seek an expungement after a waiting period of two to three years.
3. Veterans Court Or Diversion
These specialized court programs offer treatment for substance abuse, and successful completion may qualify you for an expungement.
4. Pretrial Diversion Program
This program functions similarly to probation, but at the end of pretrial diversion, your case is dismissed, making you eligible for an expungement.
5. Acquittal At Trial
If you take your case to trial and the jury finds you not guilty, you qualify for an expungement immediately.
How To Fight A Third DWI Charge And Avoid The Three Strikes Rule
Yes, even if you have prior convictions, it’s crucial to fight every DWI charge to avoid the harsh consequences of a third conviction under Texas’s “three strikes” rule. Each case offers unique opportunities for defense, and we work meticulously to explore them.
Fighting a case means scrutinizing every detail—from whether the officer had a valid reason to stop you to whether procedures were properly followed during field sobriety tests. To do this, we analyze the evidence, such as blood or breath tests, to see if there are grounds to suppress it. Based on our findings, we weigh the benefits of negotiating with the state against going to trial.
Even with prior convictions, you have options, and a proactive defense can make all the difference in protecting your future. If going to trial offers a better chance of avoiding a conviction, then that’s the path we take.
Still Have Questions? Ready To Get Started?
For more information on The Penalties Of DWI Charges In Texas, an initial strategy session is your next best step. Get the information and legal answers you are seeking by calling (361) 344-4811 today.
Attorney Ira Miller is a clever DWI defense lawyer from Texas who has helped clients just like you beat even the most challenging charges to avoid a life-changing conviction. His efficient and effective style has won numerous cases throughout the state, and his writing is based on years of courtroom and negotiation experience.
Are you or a loved one facing DWI charges for the first, second, or third time in Texas? Contact Ira Miller today to schedule an initial strategy session.
Call Us To Schedule Your Initial Strategy Session Today! (361) 344-4811
