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Question: What constitutes a felony DWI in Texas?

Answer: There are two ways to get a felony DWI in Texas, the first of which is it has to be a third or subsequent DWI. The third, fourth, fifth is a felony: a third degree felony or a second degree felony. Or, you have to have a child in the car under the age of 15. If it’s proven that you’ve got prior DWIs and they can provide the proof of that, then they can make it a third degree or a second degree felony. The new law that came into effect four or five years ago deals with if there’s a child in the car—then it will become a state jail felony.

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