Factors That Make a Texas DWI Case More Serious

 Posted on November 15, 2025 in DWI & DUI

Not all Texas DWI cases are treated the same. Some circumstances make your charges more serious and the penalties much harsher. Understanding what makes prosecutors and judges treat a DWI case as worse than average can help you understand what may lie ahead.

Texas law sets baseline penalties for DWI, but certain factors increase those penalties significantly. These aggravating factors can turn a misdemeanor into a felony. They can add years to potential prison time and thousands of dollars to fines. Our Decatur DWI defense attorney can help you understand the penalties you are facing and decide on the smartest approach for your case.

Enhancing DWI Factors in Texas 

Blood Alcohol Level

Your blood alcohol concentration, or BAC, matters a lot. In Texas, you are legally intoxicated if your BAC is 0.08 or higher under Texas Penal Code Section 49.01. If your BAC was 0.15 or more, you face enhanced penalties even on a first offense, including longer jail time and ignition interlock requirements.

Having a Child in the Car

Having a passenger under 15 years old in your vehicle during a DWI turns the offense into a state jail felony. You face 180 days to two years in state jail and fines up to $10,000.

Prior DWI Convictions

Prior DWI convictions escalate every new charge. Texas counts DWI offenses for your entire life. A second DWI is a Class A misdemeanor with 30 days to one year in jail. A third DWI becomes a third-degree felony.

Someone Was Injured in the Accident

Intoxication assault is a third-degree felony in Texas. You face two to ten years in prison and fines up to $10,000. The injured person can also sue you for damages.

Someone Died in the Accident

Intoxication manslaughter is a second-degree felony in Texas. You face two to 20 years in prison and fines up to $10,000. 

You Were on Probation

Getting arrested for DWI while on probation means facing consequences for both the new charge and the probation violation. The judge can revoke your probation and sentence you to the maximum penalty for the original offense.

Property Damage

Causing an accident while drunk makes your case more serious even if no one was hurt. You face higher insurance rates and possible civil lawsuits. Hit and run charges can stack up on top of DWI charges if you left the scene.

Call a Decatur, TX Criminal Defense Attorney Today

Aggravating factors in your DWI case require immediate attention. The more serious your charges, the more important it is to work with someone who understands what you are facing and knows how to fight back.

Contact Godwin Law Firm, PLLC at 940-255-0000 for a free consultation about your case. When you call, you will speak with a skilled Hays County DWI defense lawyer who is a former highway patrol trooper. Our firm understands exactly what police look for in DWI cases and how to challenge their methods and evidence.