Is a DWI a Felony in Texas?

By Jeff Kennedy

Is a DWI a Felony in Texas?

Most people know how serious it is to be arrested for driving while intoxicated (DWI). But in some situations, a DWI can go from bad to categorically worse, depending on the circumstances of your case. It’s one thing to be charged with a misdemeanor, but a felony is entirely different. 

Below, we go into further detail about when a DWI is considered a felony in Texas and the consequences you can face if you are found guilty of a felony DWI in Fort Worth.

When a DWI Becomes a Felony in Texas

Not every DWI will be considered a felony in the state of Texas. Whether you live in Fort Worth, San Antonio, Austin, or Dallas, the laws are all the same. First and second DWIs will be misdemeanor criminal charges. But once you have been charged with a third DWI within a ten-year period, you can expect to be facing felony charges. 

However, if your first or second DWI resulted in serious injury to another person, or another person was killed due to your DWI, then you can expect to face felony DWI charges in these cases, as well. 

Penalties for a Felony DWI Conviction

If you are found guilty of a felony DWI in Texas, you can expect to face serious consequences. First, you will likely be sentenced to up to ten years in prison and be ordered to pay fines as high as $10,000. You can also expect to have your license suspended for as long as two years and be required to pay an annual DMV license surcharge fee of $2,000. 

Contact a DWI Lawyer in Fort Worth

If you have been arrested for a misdemeanor or felony DWI, you need exceptional legal representation now. Get help from a reputable Fort Worth DWI lawyer at The Law Offices of Jeff C. Kennedy. You can schedule a no-obligation consultation and further discuss the individual details of your case when you give our office a call at 817-605-1010 or submit the online contact form we have included below. 


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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