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The Law Office of H. Alex Fuller PLLC
Best D 2023
Rated By Super Lawyers | H. Alex Fuller | Selected In 2023 Thomson Reuters

Call His McKinney Office To Request A
Free, Confidential Consultation

Is DWI a Texas felony?

Being pulled over for a DWI charge is a big deal in any jurisdiction, but it is important to understand how the charges differ between states. While most people realize that a DWI is not something that they want on their records, many do not understand the specifics of the charge. According to FindLaw, getting pulled over for a DWI in Texas was a Class B misdemeanor, with some exceptions.

The first three times you get arrested for DWI the charge remains a Class B misdemeanor, but the surrounding penalties get harsher each time. For the first offense, you may be in jail for between 6 and 180 days, for example, but by the third offense, it increases to between 2 and 10 years. The fine for the first DWI is up to $2,000, but the fine for the third one is $10,000.

There are some exceptions to the Class B misdemeanor charge. In the instance that you are charged with a DWI and your blood alcohol level is 0.15 or more at the time you get pulled over, the charge gets changed to a Class A misdemeanor and the fine for a first offense gets increased to a potential $4000 and you may spend up to a year in jail.

The most serious Texas DWI charge comes if you get pulled over and have a child passenger under the age of 15 in the vehicle with you. I this instance, the charge is changed to a state jail felony, and you may be in jail for up to 2 years if this is your first offense.

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