Our crime coverage regularly includes DWI arrests across Irving and the wider DFW area, and some of those cases involve serious injury crashes charged as "intoxication assault" rather than a standard DWI. The two charges are related but legally distinct, with very different consequences. Here's the breakdown.
What Counts as a DWI in Texas?
Driving While Intoxicated applies when someone operates a motor vehicle in a public place while intoxicated — defined as having a blood alcohol concentration of 0.08 percent or higher, or not having the normal use of mental or physical faculties due to alcohol or drugs. No injury or accident is required for a standard DWI charge.
A first DWI is typically a Class B misdemeanor. A second DWI within a set window is usually a Class A misdemeanor. A blood alcohol content of 0.15 or higher on a first offense can also be enhanced to a Class A misdemeanor. A third DWI conviction is automatically elevated to a third-degree felony under Penal Code Section 49.09(b).
When a DWI Becomes a Felony
Several circumstances turn a DWI into a felony charge, even for a first-time offender:
- Third or subsequent DWI — automatically a third-degree felony
- A child passenger under 15 in the vehicle — a state jail felony, regardless of whether the child was harmed
- Intoxication assault — causing serious bodily injury to another person while intoxicated
- Intoxication manslaughter — causing another person's death while intoxicated
Intoxication Assault: A Third-Degree Felony
Under Penal Code Section 49.07, intoxication assault is charged when a driver's intoxication causes serious bodily injury — generally defined as injury that creates a substantial risk of death, or causes serious permanent disfigurement or loss of function of a body part or organ. It is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. If the injured party was a peace officer, firefighter, or emergency medical worker acting in their official duties, the charge is enhanced to a second-degree felony, raising the maximum prison exposure to 20 years.
Importantly, prosecutors must prove causation — that the intoxication actually caused the injury, not simply that an accident happened while the driver happened to be intoxicated.
Intoxication Manslaughter: A Second-Degree Felony
When intoxication leads to someone's death, the charge becomes intoxication manslaughter, a second-degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine, along with mandatory community service hours if probation is granted.
Side-by-Side Comparison
- First DWI: Class B misdemeanor — up to 180 days in jail
- Second DWI: Class A misdemeanor — up to 1 year in jail
- Third DWI: Third-degree felony — 2 to 10 years
- DWI with child passenger: State jail felony — 180 days to 2 years
- Intoxication assault: Third-degree felony (second-degree if victim is a first responder) — 2 to 10 or 2 to 20 years
- Intoxication manslaughter: Second-degree felony — 2 to 20 years
Additional Consequences of a Felony DWI Conviction
Beyond prison time, a felony DWI conviction in Texas triggers a driver's license suspension of one to two years, an annual surcharge to retain a license for several years afterward, and permanent loss of the right to vote or possess a firearm while the felony conviction stands. Probation is available in some intoxication assault cases, but state law still requires a minimum jail term as a condition even when probation is granted.
This is a general explanation of Texas DWI law and is not legal advice. Penalties can vary based on prior record and case-specific facts; consult a licensed Texas attorney for guidance.
