if it's charged as felony DUI yes, it depends look on the summons

1) "The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Such laws usually (but not always) also apply to boating, piloting aircraft, or driving a bicycle." Source and further information: http://en.wikipedia.org/wiki/Dui#United_States 2) "DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) will be treated by Texas courts as either a misdemeanor or a felony, depending upon the circumstances of the DWI case, and the prior record of the accused." "Driving while intoxicated (DWI), when a first offense, is a Class B Misdemeanor. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place." Jury trials are available to those accused of DWI or DUI in Texas. In order to gain a DWI conviction, the prosecutor must convince all jurors of the defendant is guilty of drunk driving beyond a reasonable doubt. To do so, a prosecutor must prove that the defendant, on or about a particular date was: Operating a motor vehicle In a public place (street, highway, beach, parking lot, etc) In a particular county - While intoxicated (alcohol or drugs) The Texas legislature has specifically defined the term "intoxication" as it relates to DWI cases. There are two definitions: Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted." "DWI, 1st Offense: Class B Misdemeanor. Fine: A fine not to exceed $2,000.00. Jail: Confinement in the County Jail for a term of not less than 72 hours nor more than six (6) months. Open Container: If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail. Community Service: Texas law mandates that a judge order not less than 24 hours nor more than 100 hours. Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (probation). The general length of DWI probation is two years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation, Alcohol Education, and attendance at a MADD Victim Impact Panel. Additional Conditions of Probation that may be Ordered: If your case presents unusual facts (such as an accident, a demonstrable alcohol problem, prior alcohol contacts, bad driving record etc.), the court has discretion to order additional conditions, such as an Ignition Interlock Device. Enhanced Penalties: (Prior alcohol or drug related criminal history) Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI arrest must have occurred within ten (10) years of the present arrest for DWI. DWI, Second Offense: Class A Misdemeanor. Special Condition for Jail Release on Bond: It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain an ignition interlock device on the car that the person intends to drive and operate while charges are pending. Punishment also includes a fine, jail time, community service, and possibly other terms, depending upon the facts of the case. Third and subsequent offenses are considered felonies, with prison exposure of ten (10) years in addition to other consequences." Source and further information: http://www.1800duilaws.com/states/texas_punishment_dwi.asp?state=TX

i live in texas....here is the law......if you are alone in your car, and get charged with a dwi the first time, it is considered a class B misdemeanor.....the second time is considered a class A misdemeanor......a third time is considered a 3rd degree felony.....but, your first dwi can be a felony if you have anyone under the age of 15 in the car, or if you have an accident which causes bodily harm to anyone.....take care.........Brian......