By Graham Norris

The panic that sets in after a second DWI arrest is a unique kind of fear. You’re no longer facing the unknown; you’re facing the memory of your first case, compounded by the terrifying question of what comes next. The stakes feel infinitely higher, and rightfully so.

While a standard second DWI is typically a misdemeanor in Texas, critical circumstances can transform your charge into a felony, triggering severe, life-altering consequences. Knowing this distinction is the first step in building a powerful defense.

The General Rule: A Second DWI as a Misdemeanor

In most cases, a second Driving While Intoxicated offense in Texas is classified as a Class A Misdemeanor. This is a serious charge, but it is not a felony.

The penalties for a second-offense misdemeanor DWI can include up to one year in a county jail, fines reaching $4,000, and a driver’s license suspension for up to two years. The court will also likely mandate the installation of an ignition interlock device. While these consequences are significant, they differ greatly from the long-term ramifications of a felony. However, the situation changes drastically if specific, aggravating factors were present during your arrest.

The Exceptions: When a Second DWI Becomes a Felony

While a straightforward second DWI is a misdemeanor, the law treats situations that endanger the most vulnerable with extreme severity. Certain circumstances can cause the State to pursue felony charges from the outset, even if it is only your second offense.

• DWI With a Child Passenger: If you are arrested for a DWI with a passenger under the age of 15 in the vehicle, you will be charged with a State Jail Felony. This applies regardless of whether it is your first or second arrest. The law views endangering a child as an aggravating factor so serious that it immediately elevates the charge.
• Causing an Accident with Serious Bodily Injury: When a DWI-related accident results in another person suffering a serious, permanent, or protracted injury, you will face an Intoxication Assault charge. This is a third-degree felony. The charge focuses on the devastating outcome of the incident rather than the number of prior offenses.

Penalties for a Second-Offense Misdemeanor DWI in Texas

A conviction for a second DWI, even as a misdemeanor, carries severe and life-disrupting penalties. The court imposes these consequences to punish and deter, and they can create immediate and long-term challenges.

• Jail Time: A sentence of 30 days to one year in county jail is possible, with many counties requiring a mandatory minimum stay.
• Substantial Fines: You can be fined up to $4,000, plus additional court costs and fees.
• License Suspension: Your driver’s license will be suspended for up to two years.
• Ignition Interlock Device (IID): You will likely be required to install and maintain an IID on any vehicle you drive.
• State Surcharges: The Texas DPS imposes annual surcharges of $1,000 to $2,000 for three years to reinstate your driving privileges.

The Severe Consequences of a Felony DWI Conviction

A felony conviction is more than just a sentence; it is a permanent mark that can derail your future and strip away fundamental rights. The penalties are designed to be punitive and long-lasting.

• Incarceration in State Prison: Unlike county jail for a misdemeanor, a felony conviction means a potential sentence in a Texas state penitentiary. A third-degree felony, like Intoxication Assault, carries a punishment range of 2 to 10 years behind bars.
• Significant Financial Penalties: The court can impose fines of up to $10,000, a severe financial burden that cripples many families.
• Loss of Fundamental Rights: A felony conviction results in the loss of your right to vote, serve on a jury, and legally possess a firearm.
• Collateral Damage to Your Future: You can be permanently barred from certain professions, housing opportunities, and educational loans. This “collateral consequence” creates a barrier to rebuilding your life long after your sentence is complete.

Facing a Felony DWI Charge? Why Your Defense Strategy Must Change

The jump from a misdemeanor to a felony charge is not just a legal technicality—it is a fundamental shift in the battle you face. The strategy that might have worked for a first-time offense is no longer sufficient. The state is now actively seeking to deprive you of your liberty and alter the course of your life permanently.

When freedom is on the line, your defense must be equally aggressive and comprehensive. This means challenging every single aspect of the state’s case, from the legality of the initial traffic stop to the administration and accuracy of field sobriety and chemical tests. There is no such thing as a minor detail in a felony case.

This is the moment you need an advocate who sees the person behind the charges. You need a defender who will wield every available legal tool to protect your future, providing not just rigorous defense but also the clear communication and respect you deserve during this overwhelming time. An experienced attorney will scrutinize every detail, including whether the alleged injury meets the high legal threshold for assault under the Texas Penal Code.

Secure Your Freedom and Future Today

The complexities and high stakes of a felony-level DWI charge demand a defense that is as strategic as it is vigorous. At Norris Legal Group, we provide more than just legal representation; we provide a partnership founded on dignity, trust, and an unwavering will to fight.

Do not allow a felony charge to define your life. With a proven track record of achieving dismissals and favorable outcomes for our clients, our firm is ready to stand in your corner. Contact us for a confidential consultation to discuss critical aspects of your case.