Felony DWI in Texas
Facing a Felony Charge? We’re Built for This
A felony DWI charge in Texas is no joke—it could land you in prison, cost you your license for years, and leave you with a permanent criminal record. We’ve defended felony DWI cases across Houston and Harris County with one goal: protect your freedom and fight like hell to avoid conviction.
Not Every Arrest Leads to Prison
When DWI Becomes a Felony
DWI charges can become felonies in Texas under several circumstances: if you’ve been convicted twice before, if someone was seriously injured, or if a child was in the vehicle. Felony cases move faster and hit harder—but that doesn’t mean you don’t have a defense. We know how to challenge the stop, the test, the priors, and the paperwork. If the State wants to treat your case like a felony, we treat your defense like a mission.
We know what’s at stake. That’s why we prepare every case for trial, never accept lowball settlements, and go head-to-head with corporations and insurance companies to ensure our clients get the justice and compensation they deserve.
When a DWI Becomes a Felony
The Situations That Elevate Charges in Texas
Certain factors can turn a DWI from a misdemeanor into a felony offense with severe, long-term consequences.
Third or Subsequent DWI
A third or later offense is automatically a third-degree felony, carrying 2 to 10 years in prison and fines up to $10,000.
DWI Causing Serious Bodily Injury
This is charged as Intoxication Assault, a serious felony punishable by 2 to 10 years in prison and significant fines.
Felony Enhancement From Priors
Prior convictions can elevate a new DWI charge to a felony, even if the current incident would normally be a misdemeanor.
DWI With Child Passenger
Driving while intoxicated with a child under 15 in the vehicle is a state jail felony, even for first-time offenders.
DWI Causing Death
Known as Intoxication Manslaughter, this charge carries penalties of 2 to 20 years in prison and a permanent felony record.
Additional Penalties During Bond and Probation
Courts often impose stricter bond conditions and mandatory ignition interlock devices for felony-level DWI cases.
Know What to Expect in Local Courts
Felony DWI in Harris County
Felony DWI cases in Houston are handled in Harris County District Courts—not the lower county courts. You’ll likely face tougher judges, specialized prosecutors, and stricter bond conditions, including alcohol monitoring or GPS tracking. These courts don’t hand out second chances without a fight.
We’ve defended felony DWI cases across Houston, Pearland, Pasadena, and even out in Waller and Brazoria Counties. Whether your priors are old or out-of-state, we look for every opportunity to challenge the State’s narrative. We don’t walk into court asking for favors—we walk in ready to fight.
What You Need to Know
Felony DWI FAQ
What’s the punishment for felony DWI in Texas?
A felony DWI can carry anywhere from 180 days in a state jail to 20 years in prison, depending on the charge. For example, a third DWI is a third-degree felony with 2–10 years, while intoxication manslaughter can result in up to 20 years. Fines, license suspension, and mandatory interlock devices are also likely. But with the right defense, we’ve helped clients avoid prison time altogether.
Is a DWI with a child in the car really a felony?
Yes. Even if it’s your first DWI, driving while intoxicated with a child under 15 in the vehicle is automatically a state jail felony in Texas. The law is strict, and courts treat these cases seriously. That said, we’ve successfully argued for reduced charges and alternative outcomes by showing the full story.
Can I fight a felony DWI even if I failed the breath test?
Absolutely. Breath and blood tests are not infallible, and we regularly challenge how the test was administered, calibrated, or stored. If police made procedural mistakes or violated your rights during the arrest or testing, we can push to suppress the results or weaken the case against you.
What happens if my prior DWIs were from years ago?
Even old convictions can enhance a new DWI to a felony, but we always review those priors carefully. Sometimes the records are incomplete, the plea wasn’t valid, or the case shouldn’t count under Texas law. If we can get the prior excluded, we may be able to reduce your case back to a misdemeanor.
Will I be on probation or go to prison?
Both are possible. While prison is on the table for a felony DWI, many of our clients have been placed on probation instead. It all depends on how strong the State’s case is and how early we can intervene. We work to build a defense strategy that gives the judge a reason to give you another chance.
