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In the case of drunk driving, a person can be charged with a felony after his or her third DUI misdemeanor, even if there is no human casualty or property damage. If convicted of a felony, a person can expect to suffer more serious penalties in addition to jail time. misdemeanor, for example, can involve time in jail, while a felony usually requires that a sentence of one year or more be served in prison. These consequences are in addition to fines that are proportionate to the level and severity of the crime.
Texas. In Texas your first DWI conviction is a Class B Misdemeanor, your second conviction is a Class A Misdemeanor and your third conviction is considered a 3rd Degree Felony. You can also be charged with a felony in Texas for a DWI offense if: 1  You drove while intoxicated with a child who is less than 15 years old.f you are charged with driving while intoxicated (DWI), your first conviction is considered a misdemeanor and gives you a criminal record. Your second DWI conviction is considered a class E Felony. You can also be charged with a felony in New York if: