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What determines whether a DUI will be classified as a misdemeanor or felony?

El Paso, TX |

Can previous offenses not related to drunk driving lead to a felony DUI case?

Attorney Answers 2


  1. A felony DWI is either the 3rd or more DWI [2 or more DWI convictions before this arrest], DWI with child or other aggravated DWI offenses. Other prior non-DWI offenses do not affect whether this DWI is a felony or not.


  2. A DWI with 2 or more prior convictions for DWI is a third degree felony. A single DWI with a child under the age of 15 in the car is a state jail felony. Intoxication Assault (a DWI wherein there was an accident and someone suffered injury) and Intoxication Manslaughter (a DWI wherein there was an accident and someone was killed) are both felonies. DWI first offenses or DWI's with only 1 prior DWI conviction are both misdemeanors. Non-DWI priors will not make a first DWI a second or a second DWI a third and so on. However, prior non-DWI cases can be used to give a defendant more punishment.

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