Cofer Luster Criminal Defense Lawyers | January 14, 2026 | DUI / DWI
Texas treats driving while intoxicated (DWI or DUI) with the utmost seriousness. While a first offense is often charged as a misdemeanor, certain circumstances can escalate the charge to a felony. If you’re facing a DWI in Fort Worth, understanding how Texas law handles these cases can help you make informed decisions moving forward.
Whether facing a misdemeanor or felony DUI charge, understanding Texas law and seeking the guidance of an experienced Fort Worth DWI lawyer is crucial for navigating the legal process and protecting your future.
Is a First-Time DUI a Misdemeanor in Texas?
Under Texas law, most first-time DUI offenses are classified as misdemeanors. According to the Texas Penal Code, it’s illegal to operate a motor vehicle in a public place while intoxicated—either because your blood alcohol concentration (BAC) is 0.08% or more or because alcohol or drugs impair your faculties.
A first offense is generally a Class B misdemeanor, though it becomes a Class A misdemeanor if your BAC is 0.15% or higher.
Misdemeanor DWI penalties may include:
- Jail time (up to one year for a second offense)
- Fines of up to $4,000
- License suspension
- Mandatory DWI education programs
- Ignition interlock device installation
Even if you’re only charged with a misdemeanor, the impact on your life can be lasting. To safeguard your future, consider contacting a Fort Worth criminal defense lawyer.
When Does a DWI Become a Felony in Texas?
Some DWI offenses cross the line into felony territory. This can happen when certain aggravating factors are present.
Third or Subsequent Offense
If you have two prior DWI convictions, a third offense can be a third-degree felony.
Conviction can result in:
- 2 to 10 years in prison
- Up to $10,000 in fines
- License suspension of up to 2 years
It’s crucial to understand these heightened penalties because they can impact the legal strategies available for your defense.
DWI With a Child Passenger
Driving while intoxicated with a passenger under 15 years old is a state jail felony.
Penalties include:
- 180 days to 2 years in a state jail facility
- Fines up to $10,000
- License suspension
A felony DWI can affect child custody disputes, especially if a minor was present during the arrest or if alcohol abuse is raised as a concern in a pending divorce or custody case. Judges in Texas family courts consider the “best interests of the child,” and a recent DWI arrest can influence decisions on supervised visitation, parenting time, or custody modifications.
Intoxication Assault and Manslaughter
When impaired driving causes serious injury or death, charges and penalties can become much more severe:
- Intoxication Assault: Third-degree felony
- Intoxication Manslaughter: Second-degree felony
- If emergency personnel are involved, enhanced penalties may apply.
A legal strategy developed and executed by an experienced legal team is absolutely critical in cases where DUI can become a felony. This involves meticulously examining all evidence, scrutinizing police procedures, identifying any inconsistencies or rights violations, and preparing a compelling case designed to protect the defendant’s interests.
Can Felony Charges Be Reduced?
In some situations, a felony DWI charge may be reduced to a misdemeanor.
This depends on several factors:
- Your prior criminal history
- Any procedural errors during arrest
- Quality of the prosecution’s evidence
- Whether anyone was injured or placed at risk
A Fort Worth DWI attorney can explore whether any defenses or mitigating factors apply in your case.
Long-Term Impact of a Felony DWI Conviction
A felony DWI conviction goes beyond prison time and fines.
Other lasting consequences may include:
- A permanent criminal record
- Loss of gun ownership rights
- Difficulty securing housing or employment
- Driver’s license suspension
- Ineligibility for certain professional licenses
- For non-citizens, a DWI conviction can have severe immigration consequences, potentially leading to deportation proceedings, denial of naturalization applications, or issues with visa renewals
Expungement is generally not available for DWI convictions in Texas, so the record can follow you indefinitely. Without dedicated and knowledgeable legal representation, you may find yourself at a profound disadvantage. A skilled Fort Worth criminal defense attorney is indispensable for achieving a favorable outcome.
Contact the Fort Worth DUI Attorneys at Cofer Luster Criminal Defense Lawyers Today
If you’re facing DUI charges in Fort Worth, the consequences could be life-changing—especially if your case involves felony allegations. Cofer Luster Criminal Defense Lawyers offers confidential case evaluations to help you understand your legal options.
With 60 years of combined legal experience, our Fort Worth DUI lawyers are ready to advocate for you and help protect your rights and your future. Don’t wait to get the guidance you need. Call us today.
For more information, please contact the [RELATED PRACTICE AREA] law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102