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Repeat DWI / Felony DWI

Houston Felony DWI Lawyer

Repeat DWI Offenders May Face Felony Charges in Texas

There is little sympathy in the criminal justice system for repeat DWI offenders. In fact, if you have a previous drunk driving conviction on your record, the police and prosecution will likely try to inflict the harshest possible penalties upon you. These serious charges call for the counsel of an aggressive, intelligent defense lawyer. Today, you have the opportunity to put that lawyer on your side.

What is Considered a Felony DWI in TX?

In Texas, Driving While Intoxicated (DWI) can escalate to a felony offense under specific circumstances. Understanding what constitutes felony DWI is crucial to grasp the severity of the charges and potential legal consequences. 

Here are the key factors that can lead to a felony DWI charge in Texas:

  • Multiple DWI Offenses
  • DWI with Serious Bodily Injury
  • DWI with Death (Intoxication Manslaughter)
  • Child Endangerment
  • Felony DWI Enhancements

Types of Felony DWI in TX

In Texas, Driving While Intoxicated (DWI) can escalate to a felony offense under specific circumstances, leading to various types of felony charges based on the severity of the offense and accompanying factors. Understanding the different types of felony DWI in Texas is essential to comprehend the legal implications and potential consequences. 

Here are the primary types of felony DWI offenses in Texas:

  • Third DWI Offense
  • 3+ DWI Offenses
  • Intoxication Leading to Bodily Injury 
  • Intoxication Manslaughter
  • DWI with Child Passenger
  • Aggravated DWI Offenses

Texas Penalties for Second and Third DWI Convictions

A second DWI offense is a Class B misdemeanor under Texas Penal Code, and according to the Texas Department of Transportation, the following penalties may be imposed:

  • $4,000 fine
  • 180-day to 2-year driver's license suspension
  • 30 to 365 days in jail

A third DWI offense is a third-degree felony, and the penalties may include:

  • $10,000 fine
  • 180-day to 2-year driver's license suspension
  • 2-10 years in the state penitentiary

For repeat offenders, prison time is more likely for defendants who have been caught driving while intoxicated soon after their prior convictions.

We at The Law Offices of Jed Silverman are adept at helping people with drunk driving convictions on their record avoid the harsh consequences of additional DWI convictions. Our Houston felony DWI attorneys thoroughly examine the judgments from prior convictions and police records to challenge their validity. We also look at all aspects of the current DWI charge to determine if there were errors in police procedure or problems with the breath test or field sobriety test.

Felony DWI Penalties in Texas

Felony Driving While Intoxicated (DWI) charges in Texas carry severe penalties due to the serious nature of the offenses involved. Understanding the potential consequences of felony DWI convictions is essential for individuals facing such charges. 

Here are the typical penalties associated with felony DWI convictions in Texas:

Third DWI Offense: 

  • Imprisonment ranging from 2 to 10 years.
  • Maximum fines of up to $10,000.
  • Additional repercussions like license suspension, mandatory alcohol education programs, and installation of an ignition interlock device.

Intoxication Assault:

  • Substantial prison time.
  • Significant fines and financial obligations.
  • Other legal ramifications for injuring another person while driving under the influence.

Intoxication Manslaughter:

  • Lengthy prison sentences.
  • High fines and financial penalties.
  • Severe legal measures for causing a fatal accident due to intoxication.

DWI with Child Passenger: 

  • State jail felony consequences, including incarceration for 180 days to 2 years.
  • Imposition of fines and additional punitive actions.


  • Permanent Record: Felony DWI convictions result in a permanent felony record that can impact various aspects of life, including employment opportunities and personal relationships.
  • Ongoing Consequences: Felony DWI convictions have enduring repercussions that extend beyond immediate legal penalties.

Given the serious implications of felony DWI convictions in Texas, individuals facing such charges should seek immediate legal representation from experienced attorneys specializing in DWI defense.

Defense Strategies for Felony DWI Charges

Facing felony DWI charges in Texas demands a strategic and comprehensive defense approach to protect your rights and potentially mitigate the consequences. Skilled legal representation is crucial in crafting defense strategies tailored to the specifics of your case. 

Here are common defense strategies utilized for felony DWI charges:

  • Challenging Probable Cause: Contesting that law enforcement lacked probable cause to pull you over, potentially resulting in the exclusion of evidence gathered post-stop.
  • Questioning Field Sobriety Tests: Challenging the reliability of field sobriety tests, which can be subjective and influenced by external factors.
  • Disputing Chemical Test Results: Questioning the validity of chemical tests such as breathalyzers or blood tests by challenging calibration, sample handling, or procedural errors.
  • Medical Conditions or Prescription Use: Demonstrating medical conditions or prescribed medications that may have influenced test results, leading to a false positive for intoxication.
  • Violation of Rights: Asserting violations of constitutional rights during arrest or testing procedures, which could lead to the suppression of evidence.
  • No Actual Physical Control: Establishing that you were not in actual physical control of the vehicle at the time of the arrest, challenging the basis of the DWI charge.
  • Witness Testimony: Presenting eyewitness testimony or expert witnesses to support your case and challenge the prosecution's narrative.
  • Evidence Analysis: Thoroughly examining all evidence presented by the prosecution to identify inconsistencies and weaknesses.
  • Prosecutorial Misconduct: Identifying instances of prosecutorial misconduct or procedural errors that could impact the validity of the case.
  • Negotiating Plea Deals: Negotiating with the prosecution for reduced charges or plea deals that may lessen the severity of penalties.

Collaboration with a qualified attorney who possesses experience in felony DWI defense is essential to navigating the legal process successfully and advocating for the best possible outcome. By leveraging appropriate defense strategies and legal expertise, individuals facing felony DWI charges can work towards protecting their rights and achieving a favorable resolution in their case.

Contact our Houston DWI Attorney Today! 

Houston felony DWI attorney Jed Silverman has been representing clients in Harris County and across Texas for more than 20 years. Having handled more than 3,000 cases and as a certified instructor in field sobriety tests, blood tests and breath tests, he is uniquely qualified to represent the interests of local and out-of-state drivers who are facing felony DWI charges. Repeat offenders can take solace in the knowledge that our experienced Houston DWI attorneys will fight tirelessly in these cases to see the best outcome possible.

Contact our Houston felony DWI lawyer at (713) 597-2221 today to learn more.

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