Felony DWI Lawyer in Houston

Texas Felony DWI Penalties by Charge Type

The penalties for a felony DWI conviction in Texas vary significantly by charge, and prior convictions can escalate those ranges further.

• Third or subsequent DWI (third-degree felony): 2 to 10 years in the Texas Department of Criminal Justice, fines up to $10,000, and license revocation up to 2 years. One prior felony conviction can elevate this to a second-degree felony with a range of 2 to 20 years. Two prior sequential felony convictions can push the range to 25 to 99 years or life.
• DWI with child passenger under 15 (state jail felony): 180 days to 2 years in a state jail facility, fines up to $10,000, and license suspension of 180 days to 2 years. No prior DWI convictions are required.
• Intoxication assault (third-degree felony): 2 to 10 years in state prison and fines up to $10,000. No prior convictions are required for this charge to apply.
• Intoxication manslaughter (second-degree felony): 2 to 20 years in state prison and fines up to $10,000. This charge requires no prior record.

Felony DWI Defense Strategies in Houston

We build every case with trial in mind from the first consultation, which means examining every detail of the arrest before deciding on a path forward.

Challenging the Traffic Stop

If law enforcement lacked reasonable suspicion to initiate the stop, a motion to suppress can exclude everything that followed, including officer observations and chemical test results. Removing that evidence can change the case entirely.

Challenging Blood & Breath Test Results

Breath and blood tests aren’t infallible. Improper waiting periods before breath samples, chain-of-custody failures for blood draws, and equipment calibration issues are all grounds for challenging chemical evidence. We review testing procedures in every case.

Contesting Intoxication

Even when chemical evidence exists, the level and cause of any impairment can be disputed. The state must establish intoxication beyond a reasonable doubt, and that standard can be challenged on the facts.

Attacking Predicate Prior Convictions

In third-offense cases, prosecutors sometimes miscount prior convictions, particularly out-of-state ones. We examine whether each prior conviction legally qualifies as a predicate offense under Texas law, because one that doesn’t qualify can reduce a felony charge to a misdemeanor.

Holding the State to Its Burden

The prosecution must prove every element of the charge beyond a reasonable doubt. Attacking the sufficiency of the state’s evidence, without any affirmative defense, can lead to acquittals or reductions. We don’t accept the prosecution’s narrative at face value.

Collateral Consequences of a Felony DWI Conviction

A conviction reaches far beyond the prison sentence and fine. In Texas, a felony record can disqualify you from employment in fields requiring professional licensure, including medical, nursing, legal, and real estate roles. Landlords, employers, and universities all conduct background checks, and a felony creates barriers at every one of those gates. Federal law eliminates the right to possess firearms upon a felony conviction. For non-citizens, a felony DWI conviction can affect immigration status. If you’re in the middle of a custody or divorce proceeding, the charge alone can be introduced against you.

Fighting the charge isn’t only about staying out of prison.

The 15-Day ALR Deadline After a DWI Arrest

When you’re arrested for a DWI in Texas, a separate clock starts running immediately. You have 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing, a civil proceeding separate from the criminal case, to contest automatic suspension of your driver’s license. Miss that window and your license is automatically suspended regardless of how the criminal case resolves.

Requesting the ALR hearing also opens a formal proceeding where we can gather details about the state’s evidence, information that can inform the criminal defense. Call (713) 600-9902 or reach us through our online contact form as soon as possible after an arrest so we can act before that deadline closes.