Several factors can turn an ordinary Texas DWI into a far more serious charge — and they can stack. A high test result, prior convictions, an open container, a child passenger, a crash, or a weapon can each raise the offense level, the penalties, or both. The good news is that every enhancement is a separate element the State must prove, which means every enhancement is something a strong defense can attack.
If you or a loved one is facing an enhanced DWI in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former Vehicular Crimes prosecutors — can help.
The Main DWI Enhancements
| Factor | Effect on the Charge |
|---|---|
| BAC 0.15 or higher | First DWI becomes a Class A misdemeanor; $6,000 state fine |
| One prior DWI conviction | Second DWI — Class A misdemeanor, 30-day minimum |
| Two prior DWI convictions | Felony DWI — third-degree felony, 2–10 years |
| Open container | Raises the minimum jail term on a first DWI |
| Child passenger under 15 | State jail felony |
| Crash causing serious injury | Intoxication assault — third-degree felony |
| Crash causing death | Intoxication manslaughter — second-degree felony |
| Weapon while intoxicated | Separate unlawful-carrying charge |
Texas does not limit how old a prior DWI can be. A conviction from decades ago — or from another state — can still enhance a new charge, which is why testing the validity of each prior is so important.
How We Fight Enhancements
- The 0.15 reading. Breath and blood results at any level can be challenged on calibration, procedure, timing, and chain of custody — and defeating a 0.15 reading drops a Class A back to a Class B.
- Attacking prior convictions. If a prior is invalid or unprovable, the enhancement it supports collapses.
- Open container and possession. We contest whether an open container was truly in your immediate possession.
- Causation in a crash. In felony crash cases, causation is frequently the weakest link.
- The underlying DWI. Every enhancement still requires a valid DWI — so the stop and the evidence remain central.
Related Pages
- Houston DWI (overview)
- DWI First Offense
- DWI Second Offense
- DWI Third (Felony)
- DWI State Traffic Fines
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who served on the Vehicular Crimes Team. If you or a loved one is facing an enhanced DWI in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.