Houston Felony DWI Charges

Felony DWI Charges in Houston, TX

When Does a DWI Become a Felony in Texas?

While many DWI cases begin as misdemeanors, several circumstances elevate a DWI to a felony under Texas law. A felony DWI carries harsher punishments, longer license suspensions, and greater long-term consequences. Under Texas Penal Code Chapter 49, common felony DWI scenarios include:

DWI with Child Passenger (under 15 years old) – State jail felony;
Third or subsequent DWI conviction – Third-degree felony;
Intoxication Assault (serious bodily injury caused by DWI accident) – Third-degree felony;
Intoxication Manslaughter (death caused by DWI accident) – Second-degree felony.

Key Elements the State Must Prove

Operation of a motor vehicle in a public place;
Intoxication by loss of faculties or BAC of 0.08+;
An enhancing factor such as prior convictions, child passenger, or accident-related injuries/fatalities.

Penalties & Consequences of Felony DWI

Felony DWI Ranges

State Jail Felony: 180 days–2 years in state jail and up to $10,000 fine.
Third-Degree Felony: 2–10 years in prison and up to $10,000 fine.
Second-Degree Felony: 2–20 years in prison and up to $10,000 fine.

See Texas Penal Code Chapter 12 for felony punishment ranges.

Driver’s License Consequences (ALR)

Convictions and even arrests for felony DWI trigger civil license suspensions through the ALR process. You generally have 15 days to request a hearing.

Collateral Consequences

Loss of voting rights and firearm rights (upon conviction);
Employment restrictions and professional licensing issues;
Severe immigration consequences for non-citizens;
Mandatory ignition interlock, alcohol monitoring, or treatment conditions.

Defenses to Felony DWI

Challenging the Stop and Arrest

Illegal stops, prolonged detentions, and arrests without probable cause can lead to suppression of evidence.

Breath & Blood Testing Issues

We contest machine calibration, blood draw procedures, chain of custody, lab reliability, and margin of error in testing.

Field Sobriety Testing Errors

Standardized field sobriety tests are subjective and can be improperly administered or influenced by medical conditions, fatigue, or stress.

Challenging Enhancement Factors

We carefully review prior convictions, injury/death causation, and child passenger evidence to challenge whether felony enhancements were properly applied.

Immediate Steps After a Felony DWI Arrest

Request an ALR hearing within 15 days to preserve your driving privileges.
Do not discuss your case with anyone other than your lawyer.
Preserve evidence including accident reports, dash/body cam, medical records, and witness statements.
Consult a defense attorney immediately to begin building a strategy for both court and collateral consequences.

Why Choose Cory Roth Law Office

Relentless Felony DWI Defense

Strategic challenges to stop, arrest, and chemical testing
Independent forensic review of breath and blood evidence
Experience with complex felony enhancements, intoxication assault, and intoxication manslaughter

Houston Insight

We know Harris County courts, prosecutors, and how felony DWI cases are charged and prosecuted. Our approach blends aggressive defense with local insight to protect your rights.

Related Houston Practice Areas

Speak with Cory Roth Law Office Today

A felony DWI conviction can change your life forever. From state jail felony charges to intoxication manslaughter, our team fights aggressively to protect your freedom, license, and future.

Contact Cory Roth Law Office today to schedule a confidential consultation.

When facing a felony DWI, choose a defense built on experience, preparation, and courtroom toughness. Start your defense today.

FAQs

Beyond prison and fines, felony DWI convictions can lead to loss of firearm rights, voting rights, professional license restrictions, employment challenges, immigration consequences, and mandatory ignition interlock requirements.

It is possible, but not common. The likelihood depends on the facts of the case, prior history, strength of the evidence, and negotiation strategy. An experienced defense attorney can fight for reductions or dismissals.

If a person, while intoxicated, operates a vehicle and causes the death of another by accident or mistake, it is charged as intoxication manslaughter—a second-degree felony carrying 2–20 years in prison.

Intoxication assault occurs when a person, while driving intoxicated, causes serious bodily injury to another. It is charged as a third-degree felony with 2–10 years in prison.

Yes. Driving while intoxicated with a child passenger under 15 is a state jail felony under Texas Penal Code §49.045, even if it’s your first offense.

A third DWI is a third-degree felony punishable by 2–10 years in prison and up to a $10,000 fine, along with license suspension and mandatory ignition interlock.

A DWI can be elevated to a felony if it is your third or subsequent offense, if a child under 15 was in the vehicle, or if the DWI caused serious injury (intoxication assault) or death (intoxication manslaughter).