Felony DWI Attorney in Conroe

When a Texas DWI Becomes a Felony

Texas Penal Code Chapter 49 establishes several ways an ordinary DWI allegation can become a felony charge. As felony drunk driving lawyers, we first determine which provision applies rather than assume every elevated charge involves prior convictions.

Common felony DWI charging pathways include:

• Third DWI offense: A third-degree felony may apply when the prosecution alleges two qualifying prior intoxication-related convictions and satisfies Texas Penal Code §49.09(b).
• DWI with child passenger: Driving while intoxicated with a passenger younger than 15 is a state jail felony under Texas Penal Code §49.045.
• School crossing zone: A DWI allegedly committed in a designated school crossing zone while the reduced speed limit is in effect is a separate state jail felony pathway.
• Intoxication assault: This charge alleges that intoxication caused serious bodily injury to another person.
• Intoxication manslaughter: This charge alleges that intoxication caused another person’s death.

Texas law also provides enhanced classifications for certain injuries to firefighters, emergency medical services personnel, peace officers, or judges performing official duties. We review the charging documents and alleged facts before assessing the possible range of punishment.

Possible Felony DWI Penalties & Lasting Consequences

A third-degree felony generally carries two to 10 years in prison and a fine of up to $10,000. A state jail felony generally carries 180 days to two years in a state jail and a fine of up to $10,000. The applicable range can change based on the charged offense, enhancement allegations, prior record, and current Texas law.

Intoxication assault and intoxication manslaughter have separate classifications and may carry greater exposure. A conviction can also affect driving privileges, employment, professional licensing, insurance, immigration status, and future record remedies. Eligibility for community supervision, deferred adjudication, nondisclosure, or expunction depends on the offense, criminal history, statutory restrictions, and final disposition.

Evidence That Can Shape a Felony DWI Defense

No defense applies automatically. We evaluate the charge, statements, testing, alleged injuries, prior record, and procedural history before recommending a strategy.

Our investigation may address:

• Traffic stop and arrest: Whether officers had reasonable suspicion for the stop and probable cause for the arrest
• Field sobriety testing: The instructions, administration, physical conditions, and officer observations
• Breath and blood evidence: Testing procedures, warrants or consent, maintenance records, medical explanations, and blood-sample chain of custody
• Video and officer records: Dashcam footage, bodycam footage, reports, and relevant certification records
• Felony allegations: The legal validity of prior convictions, proof of a passenger’s age, school-zone facts, injury evidence, and causation

Our attorneys regularly appear before Montgomery County judges and prosecutors. That local familiarity informs our approach, but it doesn’t replace a detailed review of the evidence.

The First Stages After a Felony DWI Arrest

A felony case may involve both criminal proceedings and a separate administrative license revocation process, each with its own deadlines and consequences. Preserve citation paperwork, release documents, medical and prescription records, crash information, and communications connected to the arrest for attorney review.

Our process includes an initial consultation, investigation, review of administrative license issues, plea negotiations, and preparation for trial or sentencing. Decisions about motions, negotiations, and trial depend on the admissible evidence, available options, and the client’s goals.