There are two types of felony DWI cases in Texas. The first is driving while intoxicated with a child passenger. That is a state jail felony that can be punished by 180 days in a state jail facility all the way up to two years in a state jail facility and a $10,000 fine. The second type of felony offense is if you have had at least two prior offenses for driving while intoxicated. Those offenses do not have to be from the state of Texas, and if they’re from other states, they can be called other names. As long as the underlying offenses are the same as a driving while intoxicated offense in Texas, and you have at least two of those, the state can proceed on a felony DWI case in Texas. For that felony, the punishment range is going to be at the minimum of two years in prison all the way up to 10 years in prison with a $10,000 fine.
The state can enhance that offense with prior felony convictions, making the punishment range even higher. If you are charged with a felony repetition DWI in Texas, it’s important to contact an experienced DWI attorney to see if there are alternatives to prison. In some counties, there are diversion programs that are meant to address alcoholism and gives the person an opportunity to stay out of prison.
Bonus: Learn more about the Tarrant County FAIP Program.