There are several categories of crimes in general: infraction, misdemeanor, and felony. Texas has added a category between general felonies and misdemeanors called state felonies, but they are still treated as regular felonies. DWI offenses fall into the same three categories. So what are the 3 types of DUI infractions in Texas?
A few states classify driving under the influence by a minor as an infraction instead of a misdemeanor. However, Texas classifies DUI by a minor between 17 and 20 as a class B misdemeanor.
There is almost no way that drunk driving or impaired driving results in something less than a misdemeanor unless your attorney can negotiate lesser penalties. The only possible exception is if you are being punished for refusal to use a breathalyzer, blood alcohol test or field sobriety test. Your license will be confiscated for 180 days on that basis alone. You will face an administrative hearing to determine if you lose the license or get it back.
Texas charges you with a class B misdemeanor for a first DWI offense, if your BAC is 0.08 to 0.0149. The maximum fine is two thousand dollars. You can lose your license for up to a year and sent to prison for three days to six months. A blood alcohol level over 0.15 is a class A misdemeanor by itself.
Having an open container of alcohol in the car is by itself a class C misdemeanor. If you are arrested for DWI, it enhances the penalties.
A third DWI conviction is a third-degree felony in Texas. So is a third boating while intoxicated conviction. Killing someone while drunk driving is a second-degree felony, no matter how many DWIs you have.