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What Are the Different Types of DWI Charges in Texas?

 Posted on February 13, 2020 in DWI

Proper, TX DWI defense attorney

Under Texas law, there are multiple different offenses regarding driving while intoxicated (DWI), and you could be charged with a misdemeanor or a felony, depending on the circumstances. Ultimately, which crime you are charged with depends on your history and your BAC level. Here is a closer look at each type of charge related to DWI:

Definition and Penalties for Class A DWI Charges

A Class A DWI charge is more severe than a Class B offense, because it can imply repeat offenses of a similar crime or a stronger case for the prosecution due to sobriety test results. In particular, if someone is charged with a Class A DWI offense, the following might be true:

  • The State has evidence of the DWI.

  • The State has a blood or breath test proving a .15 or higher BAC level at the time of the incident.

  • The defendant has one previous conviction of DWI or DUI in Texas or any other state.

If you are charged with a Class A DWI offense with no prior related convictions, you could face any or all of the following punishments if convicted:

  • Up to one year in jail

  • A maximum fine of $4,000

  • Up to two years of probation

Definition and Penalties for Class B DWI Charges

Class B DWI offenses are less severe than Class A, as evidenced by the definition and penalties shown below. You will be charged with a Class B DWI offense if:

  • You have not been convicted of a prior DWI or DUI in Texas or any other state.

  • The State has no sobriety test proving a .15 or higher BAC level.

  • The State excludes its sobriety test results from the charges.

The penalties for a Class B DWI offense may include any or all of the following:

  • 72 hours to 180 days in jail

  • A maximum fine of $2,000

  • Up to two years of probation

Multiple Misdemeanors Can Lead to a Felony Charge

If you are a repeat offender, then you run the risk of your next charge being a felony instead of a misdemeanor. Felonies are much more serious than misdemeanors, since they require jail time of more than a year. In order to be charged with felony DWI, you must have already been convicted of a DWI or DUI in Texas or any other state two or more times. The punishments for DWI felonies are much more severe than those of both classes of DWI misdemeanors, and they often include any or all of the following:

  • A minimum of 2 years up to 10 years in a state prison

  • A maximum fine of $10,000

  • Up to 10 years of probation

Contact a Collin County Criminal Defense Attorney

Now that you know the definitions and penalties associated with Class A misdemeanors, Class B misdemeanors, or felonies regarding DWI offenses, you will be more informed and better prepared should you or someone you know ever face these serious allegations. If you wish to seek further counsel on the topic or to retain a Frisco DWI lawyer with substantial DWI case success rates, call the Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule a free consultation.


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