Facing felony DWI charges in Texas puts your freedom and future at risk. A conviction can mean years in state prison, devastating fines, and a permanent criminal record that follows you for life. Unlike misdemeanor DWI cases, felony charges carry long-term consequences that can destroy careers, housing opportunities, and personal relationships. When the stakes are this high, working with an experienced Dallas DWI Defense Lawyer is critical.
At the Law Offices of Richard C. McConathy, we’ve defended thousands of felony DWI cases across Dallas County and surrounding areas. We know how these cases are built, how evidence is challenged, and how to fight aggressively when prison time is on the line.
Don’t let a felony DWI charge derail your future. Call (972) 528-0116 now for immediate legal help.
When is a DWI a Felony in Texas?
Under Texas Penal Code Chapter 49, a DWI becomes a felony under these specific circumstances:
Third DWI Offense or More
A third or subsequent DWI conviction is automatically classified as a third-degree felony, regardless of when the previous offenses occurred. Texas prosecutors will use any prior DWI convictions from other states to enhance charges.
DWI with Child Passenger Under 15
If you’re arrested for DWI while a child under 15 years old is in your vehicle, the charge becomes a state jail felony. This enhancement applies even for first-time offenders.
Intoxication Assault
When a DWI results in serious bodily injury to another person, it’s charged as intoxication assault—a third-degree felony. Serious bodily injury includes injuries that create substantial risk of death, severe permanent disfigurement, or loss of organ function.
Intoxication Manslaughter
If someone dies as a result of your intoxicated driving, you face intoxication manslaughter charges—a second-degree felony with potential prison sentences of 2 to 20 years.
Prior Felony DWI Conviction
Having one previous felony DWI conviction will enhance any subsequent DWI to a felony level, even if it would normally be charged as a misdemeanor.
Texas Felony DWI Penalties
The penalties for felony DWI in Texas are severe and can permanently alter your life:
Third DWI in Texas
- Prison time: 2 to 10 years in state prison
- Fines: Up to $10,000
- License suspension: Up to 2 years
- Surcharges: $2,000 per year for 3 years to maintain license eligibility
- Ignition interlock device: Mandatory installation upon license reinstatement
DWI with Child Passenger
- State jail felony: 180 days to 2 years in state jail
- Fines: Up to $10,000
- Additional charges: Child endangerment charges may apply
- License suspension: Additional 180 days beyond the ALR suspension
- Impact on custody: Can severely affect child custody proceedings
Intoxication Assault or Manslaughter
- Intoxication Assault: 2 to 10 years in prison (third-degree felony)
- Intoxication Manslaughter: 2 to 20 years in prison (second-degree felony)
- Enhanced penalties apply if the victim was a law enforcement officer, firefighter, or EMS personnel
- Mandatory ignition interlock devices
- Permanent criminal record affecting employment, housing, and civil rights
Can You Go to Prison for a Felony DWI in Texas?
Yes, prison time is mandatory for most felony DWI convictions in Texas. Unlike county jail sentences for misdemeanor DWI, felony convictions result in state prison time:
- State jail felonies: 180 days to 2 years in state jail
- Third-degree felonies: 2 to 10 years in state prison
- Second-degree felonies: 2 to 20 years in state prison
However, probation may be available in some cases. Our skilled defense attorneys work tirelessly to secure probation agreements, case dismissals, or charge reductions that can help you avoid prison time entirely.
Real Case Result: Felony DWI Reduced
Case: DWI 3rd, Reduced to DWI 1st
County: Collin County
Case Number: 001-87157-2016
Our client faced a third-degree felony with potential prison time. Through aggressive negotiation and strategic defense, we successfully reduced the charge to a first-offense DWI, avoiding felony conviction and prison time.
Defenses Against Felony DWI Charges
Even with prior convictions or aggravating circumstances, strong defenses exist for felony DWI charges:
- Challenging BAC results: Blood and breath tests can be inaccurate due to medical conditions, improper calibration, or contamination
- Police procedure errors: Officers must follow strict protocols during traffic stops, arrests, and evidence collection
- Unlawful traffic stop: Police need reasonable suspicion to initiate a traffic stop
- No probable cause: Officers need probable cause to make an arrest
- Medical conditions: Diabetes, acid reflux, and other conditions can mimic intoxication symptoms
- Chain of custody issues: Blood samples must be properly handled and stored
- Rising blood alcohol: Your BAC may have been below the legal limit while driving but rose by the time of testing
What to Do After a Felony DWI Arrest in Texas
If you’ve been arrested for felony DWI, time is critical. Take these essential steps:
- Remain silent – Do not discuss your case with anyone except your attorney
- Request legal counsel immediately – Contact an experienced DWI defense lawyer
- Document everything – Write down details about your arrest while they’re fresh
- Request ALR hearing within 15 days – You have only 15 days to contest your license suspension
- Avoid social media – Do not post anything that could be used against you
Understanding the ALR Process
The Administrative License Revocation (ALR) process is separate from your criminal case. You may request a hearing within 15 days of being served notice. The Department will process your request and respond to you at the address you provide with your hearing request. According to the Texas Department of Public Safety, all ALR hearings are held by the State Office of Administrative Hearings (SOAH). An Administrative Law Judge (ALJ) will listen to all parties’ evidence and make a final determination of the driver license suspension/disqualification.
ALR Suspension Periods:
- First refusal: 180-day license suspension
- Second refusal: 2-year license suspension
- First failure (BAC ≥ 0.08): 90-day license suspension
- Second failure: 1-year license suspension
How Our Texas DWI Defense Lawyers Can Help
The Law Offices of Richard C. McConathy provides comprehensive felony DWI defense services:
- Immediate legal guidance to protect your rights from day one
- Thorough evidence review including police reports, video footage, and lab results
- ALR hearing representation to fight license suspension
- Expert witness consultation to challenge blood and breath test results
- Customized legal strategy based on the specific facts of your case
- Aggressive trial representation when taking your case to court is the best option
Our Track Record Speaks for Itself
With over 35+ years of combined experience serving Dallas County since 2002, and building on a legacy established in 1976, our team has the knowledge and skills to handle even the most complex felony DWI cases.
Actual DWI Case Results from Our Files:
- DWI 2nd, Reduced to DWI 1st: Collin County (001-87157-2016)
- DWI 2nd, Reduced to DWI 1st: Collin County (002-83254-2016)
- DWI 2nd, Dismissed: Dallas County (MA1313884) – Refiled as Obstruction of Highway/Passageway
- DWI, Dismissed: Collin County (022-83661-2016)
- DWI 2nd, Reduced to DWI: Dallas County (MA1136556)
Why Choose Our Texas Felony DWI Attorneys?
When your freedom and future are at stake, you need attorneys who understand both the law and the local court system:
Proven Experience
- Over 35 years of experience in criminal defense law
- More than 6,000 criminal cases handled including complex felony DWI matters
- Over 1,000 cases dismissed in the Dallas-Fort Worth area
- Multi-generational legal expertise – founded by Tex McConathy (Board Certified Criminal Law Specialist, 1982) and continued by Richard C. McConathy since 2002
Local Court Knowledge
We regularly practice in courts throughout the Dallas-Fort Worth metroplex, including:
| County | Court Experience | Key Advantages |
|---|---|---|
| Dallas County | 20+ years | Established relationships, local procedures |
| Tarrant County | 15+ years | Understanding of prosecutor priorities |
| Collin County | 10+ years | Knowledge of judge tendencies |
| Denton County | 12+ years | Experience with local ALR procedures |
Personalized Attention
- Direct attorney access – You work directly with experienced lawyers, not just staff
- Comprehensive case investigation – We leave no stone unturned in your defense
- Regular case updates – You’re informed at every step of the process
Types of Felony DWI Cases We Handle
Third or Subsequent DWI
Third-degree felony carrying 2-10 years in prison. We challenge prior convictions and work to secure probation or charge reduction.
DWI with a Minor
State jail felony when a child under 15 is present. We address both the DWI charge and potential child endangerment issues.
Intoxication Assault
Third-degree felony involving serious bodily injury. Requires immediate, aggressive defense to protect against harsh penalties.
Intoxication Manslaughter
Second-degree felony with 2-20 year prison sentences. Demands experienced counsel familiar with complex vehicular homicide defense.
Drug-Related DWI
Driving while intoxicated by controlled substances or prescription medications. Often involves challenging blood test results and medical expert testimony.
Understanding Texas Felony Penalties by Classification
| Felony Level | Prison Sentence | Maximum Fine | Common DWI Charges |
|---|---|---|---|
| State Jail | 180 days – 2 years | $10,000 | DWI with child passenger |
| Third Degree | 2 – 10 years | $10,000 | Third DWI, Intoxication assault |
| Second Degree | 2 – 20 years | $10,000 | Intoxication manslaughter |
| First Degree | 5 – 99 years | $10,000 | Enhanced intoxication manslaughter |
Client Success Stories
Our track record speaks for itself through the results we’ve achieved for clients facing serious felony DWI charges across North Texas.
The Long-Term Consequences of Felony DWI Conviction
Beyond prison time and fines, a felony DWI conviction creates lasting challenges:
Employment Impact
- Background checks will reveal your felony conviction
- Professional licenses may be suspended or revoked
- Career advancement opportunities become limited
- Commercial driving privileges permanently lost
Personal Consequences
- Voting rights suspended until completion of sentence
- Firearm ownership prohibited for convicted felons
- Insurance rates dramatically increased
- Housing applications frequently denied
Financial Burden
- Court costs and fines often exceed $15,000
- Ignition interlock device costs ($2,500+ annually)
- SR-22 insurance requirements
- License reinstatement fees and surcharges
Take Action Now – Contact Our Felony DWI Defense Team
Time is critical in felony DWI cases. Evidence disappears, witnesses’ memories fade, and critical deadlines pass. The sooner you contact our experienced defense team, the better we can protect your rights and build your defense.
Why Immediate Action Matters
- 15-day ALR hearing deadline to contest license suspension
- Evidence preservation must begin immediately
- Witness interviews are more effective when memories are fresh
- Prosecutor negotiations are often more successful early in the case
Don’t let a felony DWI charge destroy your future. Our experienced Texas felony DWI defense attorneys are ready to fight for you.
Call tel:+19725280116 now for your free consultation.
Frequently Asked Questions
Is a third DWI a felony in Texas?
Yes, a third DWI offense in Texas is automatically classified as a third-degree felony, punishable by 2 to 10 years in state prison and fines up to $10,000. This enhancement applies regardless of how much time has passed since your previous convictions.
What is the jail time for a felony DWI in Texas?
Jail time varies by felony classification:
- State jail felony: 180 days to 2 years in state jail
- Third-degree felony: 2 to 10 years in state prison
- Second-degree felony: 2 to 20 years in state prison
Can a felony DWI be reduced in Texas?
Yes, felony DWI charges can sometimes be reduced through skilled legal representation. Our attorneys have experience with various defense strategies including:
- Challenging evidence collection procedures
- Negotiating with prosecutors
- Identifying constitutional violations
- Demonstrating procedural errors
What happens if you refuse a breath test in Texas?
Refused to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance results in automatic license suspension. First refusal carries a 180-day suspension, while second refusal results in a 2-year suspension.
What is an ALR hearing?
An Administrative License Revocation (ALR) hearing is your opportunity to contest the automatic license suspension following a DWI arrest. You may request a hearing within 15 days of being served notice and the hearing is conducted by an Administrative Law Judge who determines whether the suspension should be upheld.