Charged With a Felony DWI in Tarrant County? Here Is What Changes

A first or second DWI in Texas is a misdemeanor. The charge only becomes a felony in a few specific situations, and the gap between the two is wide: a misdemeanor DWI tops out in the county jail, while a felony DWI is a state prison case with a bond to match.

There are four ways a DWI becomes a felony in Texas.

When a DWI is a felony

A third or later DWI

Once you have two prior DWI convictions, the next one is filed as a third-degree felony, no matter how old the first two are. Texas does not let old DWIs wash out the way some states do. A third-degree felony carries 2 to 10 years in prison and a fine of up to $10,000.

DWI with a child passenger

Driving intoxicated with a passenger younger than 15 is a felony on the very first offense, under Penal Code 49.045. It is a state jail felony: 180 days to 2 years in a state jail facility and a fine of up to $10,000. Tarrant County prosecutors file these aggressively.

Intoxication assault

If an intoxicated driver causes serious bodily injury to someone else, the charge is intoxication assault under Penal Code 49.07, a third-degree felony. It can be enhanced to a second-degree felony when the injured person is a first responder or is left in a persistent vegetative state.

Intoxication manslaughter

When intoxication causes a death, the charge is intoxication manslaughter under Penal Code 49.08, a second-degree felony punishable by 2 to 20 years.

How bail works on a felony DWI

A magistrate sets the bond after booking, usually at the Lon Evans Corrections Center or the city jail where the arrest happened. Felony DWI bonds run higher than misdemeanor bonds, and judges often attach conditions: an ignition interlock device, a no-alcohol order, and sometimes a portable alcohol monitor or pretrial check-ins. Violating any of them can send the defendant back into custody.

Getting released

Larger felony bonds are exactly what PCS handles every week. We confirm the bond the moment it is set, explain the terms the judge attached, and offer payment plans when the full premium is a stretch. You focus on the case; we handle the release.