Headlines about Senate Bill 2320 left many Texans wondering whether a first driving while intoxicated (DWI) is now a felony. The short answer is no. Lawmakers proposed tougher penalties in 2025, but the bill never became law. The proposal nevertheless sought substantial increases in the penalties for several DWI offenses.
What the bill would change
SB 2320 sought to increase the punishment for several DWI offenses during the 2025 legislative session. One proposed change targeted people with no previous DWI convictions. Instead of treating their offense as a Class B misdemeanor in most cases, the bill called for Class A misdemeanor penalties. This would have increased the possible jail term to one year and the maximum fine to $4,000. The proposal also called for state jail felony charges when a person’s alcohol concentration reached at least 0.15. The same offense level would have applied to a person with a prior DWI conviction.
The Senate passed the bill 28 to two in April 2025. However, it stalled in a House committee and did not receive final legislative approval. Therefore, the proposed changes did not take effect.
What the law says today
Under current Texas law, a first DWI is generally a Class B misdemeanor. A conviction can bring up to 180 days in jail and a fine of up to $2,000. However, a first DWI involving an alcohol concentration of 0.15 or higher is a Class A misdemeanor.
Certain circumstances can also lead to felony charges. Driving while intoxicated with a child under 15 in the vehicle is a state jail felony. A person may also face felony intoxication assault charges if their intoxication seriously harms another person. Texas also increased the consequences for certain DWI offenses near schools in 2025. A person who drives while intoxicated through a school crossing zone when the reduced speed limit is active may face a state jail felony charge.
What a lawyer can offer
DWI charges and penalties depend on the circumstances of each case. A criminal defense attorney can determine which laws apply, review the evidence and explain the available options. Understanding the specific charge and its possible consequences can help someone make informed decisions about how to proceed.