Compassionate and Strategic Felony DWI Defense Representation
Facing any kind of driving while intoxicated (DWI) charge in Texas is an incredibly serious matter that can adversely affect many areas of your life. A felony DWI charge is even more severe. They carry far more severe penalties, including lengthy prison sentences, substantial fines, and long-term consequences that can dramatically impact every aspect of a person's life.
If you or someone you love has been charged with felony DWI in Texas, don’t wait to seek legal advice. You need a skilled criminal defense attorney in your corner who understands how to defend against these charges and has what it takes to fight to protect your rights and future.
At Lance Kennedy Law, we can provide no-judgment, solutions-oriented advocacy during this unimaginably difficult time. We know what is at stake, what you’re going through, and how to help. That starts with evaluating your situation and reviewing your defense options. Our founding attorney, Lance Kennedy, is a former prosecutor with experience on both sides of the courtroom. This means we understand how the prosecution builds DWI cases and can leverage that knowledge to anticipate and counter their strategies. We are prepared to exhaust every available legal avenue to secure the best possible result.
We are available 24/7, so call (737) 324-7540 or contact us online to schedule a free consultation with our Austin felony DWI defense lawyers now. Se habla español.
When Does DWI Become a Felony in Texas?
In Texas, a DWI charge is typically a misdemeanor for a first or second offense. However, certain aggravating factors can elevate the charge to a felony.
The most common scenario for a felony DWI is a third or subsequent DWI offense. In other words, if someone has two or more prior DWI convictions on their record, a new DWI offense will likely be charged as a third-degree felony.
Additionally, a DWI becomes a felony if it involves intoxication assault, meaning the intoxicated driving causes serious bodily injury to another person, or intoxication manslaughter, where the intoxicated driving results in the death of another. Finally, a DWI is charged as a state jail felony if the intoxicated individual is driving with a child passenger under 15 years of age in the vehicle.
Potential Consequences of a Felony DWI in Texas
As you might expect, felony DWI carries more significant punishments than misdemeanor DWI. This underlines the importance of working with an experienced defense attorney who understands how to effectively combat felony DWI charges. At Lance Kennedy Law, we understand the severity of your situation and can work to minimize the impact of these charges on your future.
Penalties for a Texas felony DWI conviction can include:
Prison time. Unlike misdemeanor DWIs that typically involve county jail time, a third-degree felony DWI is punishable by a sentence of two to ten years in a Texas state prison.
Substantial fines: In addition to incarceration, a conviction can result in a fine of up to $10,000, as well as annual surcharge fees to retain your driver’s license for up to three years.
Driver's license suspension. A conviction for a third-offense DWI will lead to a driver's license suspension of up to two years.
Ignition interlock device (IID). A mandatory consequence of a third DWI conviction is the installation of an ignition interlock device on any vehicle you operate once your license has been reinstated. This device requires a breath sample before the vehicle will start, and random retests while driving.
Community service and alcohol education programs. As part of probation, courts commonly order mandatory community service. You will also likely be required to attend and complete various programs, including DWI education classes, victim impact panels, and substance abuse counseling or treatment programs.
Felony record and collateral consequences. A felony record carries a host of long-term consequences. This can severely limit job opportunities, make finding housing difficult, and may lead to the suspension or revocation of professional licenses. You will also lose your right to vote until your sentence is completed and may face restrictions on owning firearms.
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The stakes and legal complexities of a felony DWI charge demand a strategic defense. Our attorneys understand the severity of the consequences you could be facing and are prepared to meticulously investigate every aspect of your situation, exploring all available defense strategies to build the strongest possible case on your behalf.
Depending on your circumstances, we may assess one or more approaches to your felony DWI defense, including:
Challenging the legality of the traffic stop: A police officer must have "reasonable suspicion" to pull you over for a traffic violation or criminal activity. If the stop was initiated without a valid legal basis, any evidence collected afterward, including observations of intoxication and chemical test results, may be deemed inadmissible in court. Our felony DWI defense attorneys can thoroughly review dashcam and body camera footage, as well as police reports, to determine if your constitutional rights were violated.
Disputing field sobriety test results. Field Sobriety Tests are subjective and can be influenced by many factors unrelated to intoxication. We can challenge the officer's administration of these tests, pointing out improper instructions or conditions that could have affected your performance, such as uneven ground, weather, medical conditions, fatigue, or even nervousness.
Challenging breathalyzer test results. Breathalyzer devices are not infallible. Defenses can include arguing that the machine was not properly calibrated or maintained, that the officer failed to follow proper testing protocols, or that physiological factors (such as acid reflux, diabetes, or residual mouth alcohol) led to an inaccurate reading.
Challenging blood test results. While often considered more accurate than breath tests, blood tests can still be challenged in some cases. Possible defenses include improper blood draw procedures, contamination of the sample, improper storage or transportation (which affect the "chain of custody"), or issues at the lab leading to unreliable results.
Challenging prior convictions (for third or subsequent offenses). If your felony DWI is due to prior DWI convictions, we can investigate those past cases. If there were any errors or constitutional violations in those prior convictions, we may be able to challenge them and potentially prevent them from being used to enhance your current charge to a felony.
Disputing causation (for intoxication assault or manslaughter). In cases of intoxication assault or manslaughter, the prosecution must prove that your intoxication directly caused the serious bodily injury or death. We may be able to argue that other factors, such as the victim's own actions, another driver's negligence, vehicle malfunction, or road hazards, were the true cause of the accident, not your alleged intoxication.
Other constitutional violations. Beyond the traffic stop and testing, we can review the entire arrest and investigation for any violations of your constitutional rights, such as failure to read Miranda rights, unlawful detention, or coercion. Any evidence obtained through such violations may be suppressed.
We are familiar with how Texas prosecutors build felony DWI cases and can put our knowledge to work for your defense. Call (737) 324-7540 or contact us online now.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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