Felony DWI in Dallas | Third Offense & Enhanced Charges

A felony DWI in Dallas can result in prison time, massive fines, and permanent consequences that follow you for life. If you’ve been charged with a third DWI, DWI with a child passenger, or another felony-level intoxication offense in Dallas County, you’re facing some of the most serious charges Texas prosecutors pursue.

The stakes couldn’t be higher. A felony conviction means the possibility of years in a Texas Department of Criminal Justice facility, loss of your right to vote and own firearms, and a criminal record that will affect employment, housing, and professional licensing for decades. You need a Dallas DWI lawyer who has successfully defended clients against these exact charges.

When Does DWI Become a Felony in Texas?

Most first and second DWI offenses are misdemeanors in Texas. But several circumstances can elevate a DWI charge to felony status, dramatically increasing the potential punishment.

Under Texas Penal Code § 49.09, a DWI becomes a third-degree felony when you have two or more prior DWI convictions. It doesn’t matter if those convictions occurred 20 years ago or in another state. Prosecutors can still use them to enhance your current charge.

Beyond repeat offenses, Texas law creates several other pathways to felony DWI charges:

• DWI with a child passenger (passenger under 15 years old) is a state jail felony under Texas Penal Code § 49.045
• Intoxication assault (causing serious bodily injury while intoxicated) is a third-degree felony
• Intoxication manslaughter (causing death while intoxicated) is a second-degree felony
• DWI with a deadly weapon finding can result in enhanced penalties and parole restrictions

If you’re facing any felony-level intoxication charge in Dallas County, you need to understand exactly what you’re up against and what options may be available for your defense.

Penalties for Felony DWI in Dallas

Felony DWI penalties in Texas are severe and life-altering. The punishment depends on the specific charge and your criminal history.

Third-Degree Felony DWI (Third Offense or More)

A third DWI conviction carries a punishment range of 2 to 10 years in the Texas Department of Criminal Justice. You’ll also face a fine of up to $10,000 and driver’s license suspension of up to 2 years. Probation may be available in some cases, but you’ll be required to serve at least 10 days in jail as a condition.

State Jail Felony DWI (With Child Passenger)

DWI with a child passenger is punishable by 180 days to 2 years in a state jail facility, a fine up to $10,000, and automatic license suspension. Additional consequences include potential involvement from Child Protective Services and possible enhanced charges if the child suffered any injury.

Intoxication Assault

Intoxication assault is a third-degree felony punishable by 2 to 10 years in prison and a fine up to $10,000. If the victim is a firefighter, emergency medical personnel, or peace officer performing official duties, the offense is elevated to a second-degree felony (2 to 20 years).

Intoxication Manslaughter

Under Texas Penal Code § 49.08, intoxication manslaughter is a second-degree felony carrying 2 to 20 years in prison. If the deceased was a peace officer, firefighter, or emergency medical personnel, the charge becomes a first-degree felony (5 to 99 years or life).

If you or a loved one is facing felony DWI charges, the time to act is now. Talk to a Dallas DWI lawyer before making any statements to police or prosecutors.

Collateral Consequences Beyond Prison

The formal penalties are just the beginning. A felony DWI conviction triggers a cascade of consequences that affect virtually every aspect of your life.

You will lose the right to possess firearms under both state and federal law. Your right to vote is suspended while incarcerated or on parole. Many professional licenses (nursing, law, teaching, real estate, and others) can be revoked or denied based on a felony conviction.

Employment becomes significantly more difficult. Most employers conduct background checks, and a felony DWI conviction will appear on every search for the rest of your life. Federal jobs, government contracts, and positions requiring security clearances will be off-limits.

Housing options narrow as well. Many landlords refuse to rent to individuals with felony convictions. Qualifying for loans and credit becomes harder. And international travel may be restricted, as many countries (including Canada) deny entry to individuals convicted of DWI offenses.

How Felony DWI Cases Are Prosecuted in Dallas

Felony DWI cases in Dallas County are handled differently than misdemeanor charges. Understanding the process helps you make informed decisions about your defense.

After arrest, you’ll be booked at the Lew Sterrett Justice Center in downtown Dallas. Felony charges require a grand jury indictment before the case can proceed to trial. During this time, prosecutors review evidence, interview witnesses, and decide whether to pursue the charges.

Dallas County District Attorney’s Office takes felony DWI prosecutions seriously. These cases are typically assigned to experienced prosecutors who specialize in intoxication offenses. They have access to blood and breath test results, officer body camera footage, field sobriety test videos, and expert toxicologists.

Your case will be heard in one of Dallas County’s felony district courts. Unlike misdemeanor courts, these courts have jurisdiction over serious offenses and can impose state prison sentences.

The prosecution must prove several elements beyond a reasonable doubt: that you were operating a motor vehicle in a public place, that you were intoxicated (either by having a blood alcohol concentration of 0.08% or higher, or by lacking normal use of mental or physical faculties due to alcohol or drugs), and that you have the prior convictions or aggravating factors required for felony enhancement.

Defenses to Felony DWI Charges

Every felony DWI case has potential weaknesses that an experienced defense attorney can identify and exploit. The specific defenses available depend on the facts of your case.

Challenging the Traffic Stop

Law enforcement must have reasonable suspicion to stop your vehicle. If the officer lacked a valid reason for the stop, any evidence gathered afterward may be suppressed. Common issues include stops based solely on anonymous tips, pretextual stops, or minor traffic violations that didn’t actually occur.

Attacking the Breath or Blood Test

Texas has strict requirements for administering breath and blood tests. The Intoxilyzer machine used for breath tests must be properly maintained and calibrated. The operator must be certified. Blood draws must be performed by qualified personnel using proper procedures. Chain of custody must be maintained. Any deviation from these requirements can form the basis for excluding the test results.

Questioning Field Sobriety Tests

Standardized field sobriety tests are notoriously unreliable. Medical conditions, physical limitations, improper footwear, uneven road surfaces, poor weather conditions, and officer error can all affect performance. Even perfectly healthy, sober individuals routinely fail these tests.

Challenging Prior Convictions

For a third DWI charge, prosecutors must prove the existence and validity of two prior convictions. If those prior convictions were obtained without proper advisement of rights, without a valid waiver of counsel, or contain other constitutional defects, they may not be usable for enhancement purposes.

One of our attorneys recently represented a Dallas County client facing serious intoxication charges. In that case, we worked with prosecutors to negotiate a resolution that avoided the maximum penalties the client had been facing. While specific results vary by case, this illustrates the kind of work that can make a meaningful difference. Past results do not guarantee future outcomes.

What to Expect From Varghese Summersett

Our Dallas criminal defense attorneys have handled hundreds of DWI cases, including complex felony matters in Dallas County courts. We understand how prosecutors build these cases because several of our attorneys are former prosecutors themselves.

When you hire Varghese Summersett, you get a team of more than 70 legal professionals working on your behalf. We have offices across Texas, including in Dallas, and regularly appear in Dallas County district courts.

Our approach begins with a thorough investigation of every aspect of your case. We obtain and analyze all video evidence, police reports, toxicology results, and witness statements. We identify every possible legal issue and defense strategy. Then we fight aggressively to achieve the best possible outcome, whether that means negotiating a favorable plea agreement or taking your case to trial.

Across all our practice areas, we have secured over 1,600 dismissals and 800 charge reductions for our clients. Past results do not guarantee future outcomes.

What Happens After a Felony DWI Arrest in Dallas

Understanding the timeline helps you prepare for what’s coming and make strategic decisions about your defense.

Booking and Initial Appearance

After arrest, you’ll be transported to the Dallas County jail for booking and processing. A magistrate will advise you of the charges and set initial bond conditions. Bond amounts for felony DWI cases vary based on the severity of the charge and your criminal history.

Grand Jury

Felony charges require a grand jury indictment in Texas. The grand jury reviews the evidence and decides whether there’s probable cause to proceed. This process typically takes several weeks to a few months. If indicted, you’ll be arraigned on the charges.

Discovery and Investigation

Once indicted, your attorney will receive discovery from the prosecution. This includes police reports, video recordings, lab results, and witness statements. Your defense team will investigate the case independently, interviewing witnesses, consulting with experts, and identifying weaknesses in the prosecution’s case.

Pretrial Hearings

Multiple pretrial hearings may be necessary to address bond conditions, suppress evidence, or resolve other legal issues. These hearings give your attorney the opportunity to challenge improper evidence and narrow the issues for trial.

Negotiation or Trial

Most felony DWI cases are resolved through negotiation rather than trial. However, if the prosecution won’t offer an acceptable resolution, you have the constitutional right to a jury trial. Our attorneys are experienced trial lawyers prepared to take your case before a jury if necessary.

Don’t wait to get legal help. Schedule a free consultation with a Dallas felony DWI lawyer today.

Probation and Alternative Sentencing Options

Not every felony DWI conviction results in prison time. Texas law provides several alternatives that may be available depending on your circumstances.

Community Supervision (Probation)

For third-degree felony DWI (third offense), the court may grant probation instead of prison. However, you must serve at least 10 days in county jail as a condition of probation. Probation terms typically range from 2 to 10 years and include requirements like ignition interlock device installation, alcohol treatment, drug testing, community service, and regular reporting.

State Jail Community Supervision

For state jail felonies like DWI with a child passenger, judges may grant probation without requiring jail time as a condition. However, any violation of probation terms can result in imprisonment.

Treatment Programs

Dallas County offers specialized DWI courts and treatment programs for individuals struggling with alcohol addiction. These intensive supervision programs combine regular court appearances, treatment, testing, and accountability. Successful completion may result in reduced charges or more favorable sentences.

Can a Felony DWI Be Reduced?

In some cases, skilled defense work can result in felony charges being reduced to misdemeanors or dismissed entirely.

Challenging prior convictions is one avenue. If the prior convictions used for enhancement are invalid or can’t be properly proven, the prosecution may be forced to proceed on a lesser charge.

Evidence suppression is another. If key evidence (breath test, blood test, or officer observations) is excluded due to constitutional violations, prosecutors may lack sufficient proof to sustain the felony charge.

Negotiated pleas can also result in charge reductions. Prosecutors sometimes agree to reduce charges in exchange for guilty pleas, particularly when the evidence is contested or trial would be difficult.

Every case is different, and outcomes depend on the specific facts and evidence involved. But with experienced representation, many clients achieve better results than they initially expected.

Why Choose Varghese Summersett for Your Dallas DWI Case

Felony DWI charges demand attorneys with specific experience in these complex cases. Our Dallas felony defense lawyers bring significant advantages:

We have former prosecutors on our team who understand how the other side builds cases. We maintain relationships with expert witnesses in toxicology, field sobriety testing, and accident reconstruction. We have the resources to fully investigate every case and the trial experience to fight in front of a jury when necessary.

Our firm has handled everything from first-offense DWI to intoxication manslaughter. We know Dallas County courts, prosecutors, and judges. We know what works in these courtrooms.

You’re facing the fight of your life. Make sure you have the right team in your corner.

Frequently Asked Questions About Dallas Felony DWI

Can I get probation for a felony DWI in Texas?

Yes, probation is possible for most felony DWI charges, though a third-degree felony DWI (third offense) requires at least 10 days in jail as a condition of probation. The decision is up to the judge or jury, and factors like your criminal history, the circumstances of the offense, and your performance on bond all play a role.

Will a felony DWI show up on background checks?

Yes. Felony convictions in Texas remain on your criminal record permanently. They will appear on virtually all background checks for employment, housing, and licensing. Texas does offer nondisclosure for certain DWI offenses after specified waiting periods, but this is generally not available for felony intoxication offenses involving serious injury or death.

What is the statute of limitations for felony DWI in Texas?

There is no statute of limitations for felony DWI charges in Texas. Under Texas Code of Criminal Procedure Article 12.01, there is no limitation period for offenses involving the operation of a motor vehicle while intoxicated that results in death. For other felony DWI charges, the standard felony statute of limitations (typically three years) applies.

Can out-of-state DWI convictions be used for enhancement?

Yes. Under Texas law, prior DWI convictions from other states can be used to enhance your current charge to a felony. The prosecution must prove the out-of-state offense is substantially similar to Texas DWI law. Defense attorneys often challenge the use of out-of-state convictions based on differences in state laws.

What happens if I’m convicted of intoxication manslaughter?

Intoxication manslaughter is a second-degree felony punishable by 2 to 20 years in prison and a fine up to $10,000. You’ll also face driver’s license revocation, victim restitution requirements, and all the collateral consequences of a felony conviction. If the victim was a peace officer, firefighter, or emergency medical services personnel, the charge is elevated to a first-degree felony with a punishment range of 5 to 99 years or life.

Protect Your Future Today

A felony DWI charge doesn’t have to define the rest of your life. With aggressive, skilled representation, you can fight back against these charges and protect your future.

Varghese Summersett offers free consultations for individuals facing felony DWI charges in Dallas. We’ll review your case, explain your options, and answer your questions. There’s no obligation and no pressure.

Call (214) 903-4000 today to speak with a Dallas felony DWI lawyer who will fight for you.