Most DWIs in Texas are misdemeanors. But a DWI becomes a felony in a few specific situations — most often when it’s someone’s third DWI, or when there was a child in the car. At that point, the case moves to felony court, the punishment range jumps to years instead of months, and even probation comes with much heavier conditions.
In my practice, both third DWIs and child-passenger DWIs are common in Collin County. Here’s how felony DWI works in Texas, what counts as a prior, what probation looks like, and how these cases play out here.
When a DWI Is a Felony in Texas
Third DWI
A DWI with two prior intoxication convictions — or just one prior intoxication manslaughter conviction — is punishable by 2 to 10 years in prison and a fine of up to $10,000.
DWI with a Child Passenger
A DWI with a passenger younger than 15 in the car is punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000 — even on a first offense.
DWI in a School Crossing Zone
Since September 2025, a DWI in a school crossing zone while the reduced school speed limit is in effect is also a state jail felony, with the same punishment range.
A Crash with Serious Injury or Death
A DWI crash that seriously injures someone is generally charged as intoxication assault, a third-degree felony. One that kills someone is generally intoxication manslaughter, a second-degree felony. I cover both on my DWI page.
This article focuses on the two I see most: a third DWI and a DWI with a child passenger. On either one, the punishment range is only the start — probation, the license, and bond all work differently than on a misdemeanor DWI.
What Counts as a Prior DWI
A third DWI depends entirely on the prior record, and the rules on what counts are broader than most people expect:
- There’s no time limit. A prior DWI conviction counts no matter how old it is.
- A prior deferred adjudication counts. Deferred adjudication has been available on some first DWIs since 2019. Even though it normally avoids a conviction, a DWI that ended in deferred counts as a prior for building up to a felony.
- Out-of-state DWIs count. So do other intoxication offenses, like boating while intoxicated.
- The State has to prove each prior. That usually means certified court records and proof that the person in those records is the person charged now. In my experience, Collin County generally gets this right from the start — but I check every prior anyway.
If one of the priors doesn’t hold up, a felony can drop back to a second DWI — a misdemeanor.
Probation on a Felony DWI
Probation is possible on a felony DWI. But it’s long, and it comes with conditions that make it a lot harder than misdemeanor probation:
- Third DWI: the law allows probation of 2 to 10 years. In my experience, it usually ends up at five years or more. The judge also has to order at least 10 days in county jail as a condition of probation. In my experience, time spent in jail right after the arrest doesn’t count toward those 10 days.
- DWI with a child passenger: the law allows probation of 2 to 5 years, which the judge can extend later. In my experience, these usually land somewhere around 3 to 5 years.
- Ignition interlock: on a third DWI, the judge has to order one for at least half of the probation term. On a child-passenger case, it’s required if the test was .15 or higher, if the person was under 21, or in most cases if the person has a prior intoxication conviction. Otherwise, it’s up to the judge.
- No deferred adjudication. Deferred adjudication isn’t available on a third DWI or a child-passenger DWI.
- Fines. On top of a fine of up to $10,000, a DWI conviction carries a separate state fine of $3,000 to $6,000, depending on recent prior convictions and the test result. The court has to waive it if the person is indigent.
Your Driver’s License
Like any DWI, a felony DWI can cost someone their license in two ways:
- After the arrest: the ALR suspension comes from the arrest itself and has its own deadline to request a hearing. With a prior alcohol- or drug-related contact in the last 10 years, it’s 1 year for a failed test or 2 years for a refusal.
- After a conviction on a third DWI: the suspension is 180 days to 2 years — or 1 to 2 years if the new offense came within five years of the last one. In my experience, a third DWI comes with a license suspension even when the case ends in probation.
- After a conviction on a child-passenger DWI: on a first offense, it’s 90 days to 1 year. Unlike a third DWI, probation can change that — when someone is placed on probation with a DWI education program, DPS generally doesn’t impose this suspension.
An occupational driver’s license may still be possible, but the judge can deny it if the person has more than one intoxication conviction in the last 10 years.
How Felony DWI Cases Work in Collin County
A felony DWI is handled in district court and goes through a grand jury. A few things I see consistently in Collin County:
- Bond: in my experience, bond on a felony DWI is usually around $10,000.
- Interlock on bond: on a third DWI or a child-passenger DWI, the magistrate is required to order an ignition interlock as a bond condition unless it isn’t in the best interest of justice. In practice, people should expect it — which can mean months on an interlock before the case is resolved.
- Reductions: it’s extremely rare for prosecutors to reduce a felony DWI to a misdemeanor. It does happen, but it depends on the facts of the individual case.
Child-Passenger Cases and CPS
When a child is in the car, the officer usually makes a report to Child Protective Services. CPS has its own process, and it runs separately from the criminal case. My role is the DWI charge itself — but it’s important for anyone in this situation to know that the criminal case may not be the only thing they’re dealing with.
How I Handle a Felony DWI
- The priors. On a third DWI, I check every prior conviction — the records, the identity, and whether each one legally qualifies.
- The new arrest. I look at whether the officer had a legal reason to stop the car and whether the arrest, the testing, and everything that followed were done properly.
- The blood or breath evidence. I look at how the sample was taken, stored, and tested.
- The bond. Felony bond conditions can be hard to live with. If they’re unworkable, I can ask the court to modify them.
- The outcome. I’ll tell you straight what I see in your case and what your realistic options are.
Frequently Asked Questions About Felony DWI in Texas
Is a third DWI a felony in Texas?
Yes. A third DWI — meaning two prior intoxication convictions — is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
Can you get probation on a third DWI in Texas?
It’s possible. The law allows probation of 2 to 10 years, and in my experience it usually ends up at five years or more. The judge has to order at least 10 days in county jail as a condition of probation, along with an ignition interlock.
Is a DWI with a child in the car a felony in Texas?
Yes. A DWI with a passenger younger than 15 is a state jail felony, even on a first offense. It’s punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000, and probation can run 2 to 5 years.
Does an old DWI count toward a felony DWI?
Yes. There’s no time limit on prior DWI convictions in Texas. A prior DWI that ended in deferred adjudication counts too, and so do out-of-state DWIs.
Can a felony DWI be reduced to a misdemeanor?
It’s possible, but in Collin County it’s extremely rare. When it happens, it depends on the facts of the individual case.
Can I get deferred adjudication on a third DWI or a child-passenger DWI?
No. The law doesn’t allow deferred adjudication on either one.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Felony DWI in Collin County?
A felony DWI puts years of your life on the line — and even probation comes with serious conditions. I handle every case myself, and I’ll tell you straight where you stand. The consultation is free, and I personally read and respond to every message, usually within a few hours.