By Graham Norris

When you’re arrested for DWI in Tarrant County, the prosecution faces a critical decision: will they charge you with a misdemeanor or a felony? This determination isn’t arbitrary—it’s based on specific factors in your case that trigger mandatory enhancements under Texas law.

The difference between these classifications is profound, affecting everything from potential jail time to your long-term employment prospects. Here’s what determines how prosecutors decide what to charge and how an experienced defense can challenge their decision.

The Texas DWI Penalty “Stair Step”: From Misdemeanor to Felony

A DWI charge in Texas is not a single offense with a fixed punishment. Instead, the system functions like a severe “stair step,” where specific details of your case determine how high up the ladder of penalties you begin.

The prosecutor’s initial charging decision places you on a specific step defined by Texas law, dramatically impacting the potential consequences you face.

• First DWI (Class B Misdemeanor): This is the base-level charge, carrying a penalty of up to 180 days in county jail and a fine of up to $2,000.
• First DWI with High BAC (≥ 0.15): A blood alcohol concentration at nearly twice the legal limit enhances the charge to a Class A Misdemeanor, with penalties of up to one year in jail and a $4,000 fine.
• Second DWI Offense: Any prior DWI conviction escalates a new charge to a Class A Misdemeanor, again with a potential year in jail and a $4,000 fine.
• DWI with a Child Passenger: Having a child under the age of 15 in the vehicle is a State Jail Felony, punishable by 180 days to two years in a state jail facility and a fine up to $10,000.
• Third DWI or More: A third offense becomes a Third-Degree Felony, with a potential prison sentence ranging from two to ten years and a $10,000 fine.

The Legal Process After a DWI Charge in Tarrant County

Knowing the charge is the first step. Next, it’s crucial to know the road ahead. Once the prosecution files formal charges, your case enters the Tarrant County court system, moving through key phases where a strategic defense can significantly influence the final outcome.

The Arraignment & Entering a Plea

Your first court appearance is the arraignment, where the charges against you are formally read. You will enter a plea—typically “not guilty” at this stage. This is a procedural step that preserves your rights and allows your attorney to begin the formal discovery process, obtaining all the evidence the state intends to use against you.

The Pre-Trial Phase: Motions and Negotiation

This is the most critical period for building your defense. Your attorney will file pre-trial motions, such as motions to suppress evidence from an illegal stop or faulty breath test. Concurrently, they will engage in negotiations with the prosecutor. The strength of your evidentiary challenges and the proactive steps you take, like counseling, directly impact the potential for reduced charges or even dismissal during this phase.

Reaching a Resolution: Trial, Plea, or Dismissal

Every case resolves in one of three ways. If a fair agreement cannot be reached, your attorney will take your case before a jury at trial. Many cases are resolved through a negotiated plea agreement that minimizes penalties. In some instances, successful pre-trial motions can lead to the charges being dismissed entirely. The path taken depends on the unique facts of your case and the strength of your defense strategy from the very beginning.

How Tarrant County Prosecutors Decide: The Three Key Factors

Prosecutors don’t make charging decisions at random. They meticulously review the evidence from your arrest file, looking for specific statutory “enhancements” that mandate a more severe charge. In Tarrant County, three key factors primarily dictate whether you face a misdemeanor or a felony DWI.

Your Blood Alcohol Concentration (BAC) Level

While the legal limit is 0.08%, a BAC of 0.15% or higher triggers an immediate enhancement. For a first-time offender, this alone jumps the charge from a Class B to a Class A Misdemeanor. Prosecutors rely heavily on breath or blood test results as objective evidence of intoxication, making this a central focus of their initial filing.

Your Prior DWI Record

Your driving history is a primary target in the prosecutor’s review. A single prior DWI conviction on your record transforms a new arrest into a Class A Misdemeanor. If you have two or more prior convictions, you will be charged with a Third-Degree Felony. These prior offenses can stem from many years ago or even from other states, as prosecutors actively seek them out to enhance the current charge.

Aggravating Circumstances: The Child Passenger Felony

This is one of the most severe enhancements. Texas law has zero tolerance for DWI with a child under 15 in the car. This circumstance alone makes the charge a State Jail Felony, regardless of whether it’s your first offense or your BAC was only slightly over the limit. Prosecutors approach these cases with particular intensity due to the inherent vulnerability of the child involved.

Challenging the Evidence Behind an Enhanced Charge

A charging decision is an accusation, not a foregone conclusion. The prosecution must prove every element of the enhanced charge beyond a reasonable doubt, and a strategic defense begins by challenging the very evidence they depend on.

The state’s reliance on a high BAC test is not unassailable. Defense scrutiny focuses on whether the breathalyzer machine was properly calibrated and maintained, and if the officer followed every strict protocol during administration. Any procedural error can call the result into question and may even lead to it being excluded from evidence.

Furthermore, a test taken at the station only shows your BAC level at that moment. Prosecutors must prove you were intoxicated while operating the vehicle, which requires complex scientific estimation. An experienced defense can challenge this timeline, arguing that the test result does not conclusively prove your level of intoxication at the time you were driving.

More Than a Charge: A Strategic & Human Defense Approach

At Norris Legal Group, we believe a charge is the beginning of the fight, not the end. Our defense strategy for Tarrant County DWI charges is twofold: dismantle the prosecution’s case point-by-point while proactively building a powerful narrative of mitigation and responsibility.

Proactive Mitigation: We often guide clients to begin constructive steps immediately—such as voluntary counseling, DWI education courses, or community service. Demonstrating this personal accountability before a plea is ever discussed can significantly influence a prosecutor’s perspective, as seen in cases where we’ve successfully had severe charges reduced.

The Early Cross-Examination Advantage: We use the Administrative License Revocation (ALR) hearing as a strategic tool. By subpoenaing the arresting officer to testify early, we gain a valuable opportunity to question their narrative and lock in testimony, often uncovering inconsistencies that strengthen our position in the criminal case.

Holistic Advocacy: We fight for the whole person, not just the case number. We work to present a complete picture of your character through letters of recommendation and evidence of stable employment, aiming for resolutions that protect your livelihood, your family, and your future beyond the courtroom.

Your Future Depends on the Defense You Choose

The high-stakes distinction between a misdemeanor and felony DWI requires more than just legal knowledge—it demands an advocate who fights strategically and respects you as an individual.

We offer powerful defense built on Dignity, Trust, and Fight. Founder Graham Norris’s unique perspective as a former prosecutor informs compelling strategies designed for today’s courtroom. With the Norris Advantage, you receive transparent communication, a team of dedicated advocates, and a proven track record of over 3,600 cases handled with exceptional results. Don’t face this critical moment alone. Contact Norris Legal Group today for a confidential consultation and put an experienced, principled defense team in your corner.