A standard misdemeanor DWI generally doesn’t strip your right to own a firearm. A felony DWI is a different story entirely, and the line between the two matters a great deal if you own guns, hunt, or work in a field that requires firearm access.
Where the Line Actually Falls
- Misdemeanor DWI (first, second, or third offense without felony enhancement). Generally does not trigger federal or Texas firearm restrictions on its own.
- Felony DWI. Any felony conviction, including a felony DWI from a third offense, child passenger case, intoxication assault, or intoxication manslaughter, triggers federal firearm prohibition under 18 U.S.C. § 922(g)(1) and Texas Penal Code § 46.04.
- Deferred adjudication is not a conviction. Successfully completing deferred adjudication on a DWI-related charge generally does not carry the same firearm consequences as a final felony conviction, though the specifics depend on the charge.
Why This Should Shape the Defense
Whether a case resolves as a felony conviction, a reduced misdemeanor, or deferred adjudication can determine whether you keep your firearm rights for life. That’s one more reason a felony DWI charge deserves a lawyer looking at every angle of the underlying stop and evidence before agreeing to any plea.
Worried About Your Firearm Rights After a DWI? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000.