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Is Dwi a Felony or a Misdemeanor?


It is important to understand the nature of what you are being charged with if you are arrested for a DWI. Many people want to know if a charge of this nature is a felony or a misdemeanor in Texas. According to Findlaw, a DWI in Texas may either be a misdemeanor or a felony depending on factors surrounding the DWI arrests.

The basic DWI charge is classified as B-level misdemeanor. If it is your first offense, you can expect to serve between 6-180 days in jail if convicted, a license suspension of 90 days to a year, fines of up to $2000, and additional fees of $2000 per annum to keep your driving privileges intact. If you are caught a second or third time, the crime still remains a misdemeanor in nature, but the additional punishments attached to the charge become more severe. The fine can go up to $10,000 and you may spend up to 10 years in prison for repeated offenses.

If you are found to be driving with a BAC of 0.15 or higher, the charge is still a misdemeanor but it becomes a class A misdemeanor, which is more serious. You may spend up to a year in jail with this charge and the fine may go up to $4000.

If you are charged with a DWI and you have a minor child in the car that is under the age of 15, then the charge changes to a state felony. You will spend at least 180 days if convicted and up to 2 years in jail for this, depending. The fine may also rise to $10,000.