Is a first DWI a felony in Texas in 2026?
A standard first-time DWI in Texas is a Class B misdemeanor, not a felony. However, a first DWI becomes a felony if a child passenger under 15 is in the vehicle at the time of arrest — that’s charged as a state jail felony under Texas Penal Code § 49.045. A first offense can also carry enhanced penalties if your BAC is 0.15% or higher, bumping it to a Class A misdemeanor with up to one year in jail and a $4,000 fine. Even as a misdemeanor, a DWI conviction stays on your record permanently in Texas and can affect employment, housing, and insurance rates. Working with an experienced DWI defense lawyer in Austin can help you explore options to reduce or dismiss the charge before it becomes a permanent mark.
