Felony DWI in Texas: How to Fight It in High‑Risk Cases

The most effective way to fight a felony DWI in Texas is to act immediately on two tracks, preserve and challenge the evidence through targeted motions and expert review, and protect your driver’s license through an ALR hearing while building mitigation that fits your career and life. In Houston and across Texas, that means requesting the ALR hearing within 15 days of notice, demanding discovery, locking down videos and blood records, and strategically attacking the stop, arrest, testing, and accident causation if injuries or a fatality are alleged. If you are a mid‑career professional facing felony exposure, the right early steps can shift outcomes from prison‑range risk to probation or charge reduction, depending on the facts.

You are likely reading this hours or days after an arrest or a crash investigation. You may be worried about your license, your job, and your long‑term record. This guide explains how felony‑level DWI charges work in Texas, what penalties look like, and the specific defenses that matter most, including for DWI with injury or manslaughter charges and drug‑related DWIs.

First 15 Days: Urgent Deadlines and a Calm, Tactical Start

Felony exposure does not wait, and neither should you. The criminal case and the civil license case run on separate tracks. Here is what a focused first two weeks usually include.

• ALR hearing request within 15 days. If the officer alleged refusal or a breath or blood test at or above the legal limit, you typically have 15 days from the date you received notice to request the Administrative License Revocation hearing. Missing this window can trigger an automatic suspension. See the Texas Department of Public Safety’s Texas DPS overview of the ALR license‑revocation process for how this civil process works.
• Preserve critical evidence now. Demand retention of dash and body camera footage, jail video, 911 audio, dispatch logs, crash data, blood vial labels, lab bench notes, and the blood draw warrant packet. Many of these records cycle or auto‑delete in 30 to 90 days.
• Medical and scene documentation. Secure hospital records, EMS run sheets, and photos of the vehicles and roadway. In injury or fatality cases, early accident reconstruction can be outcome‑determinative.
• Professional protections. If you hold a license or certification, start documenting treatment, counseling, or compliance steps that your board will expect. This often helps in plea structuring and sentencing.

Why this matters to you: as a Strategic Professional Facing Felony Risk, small timing errors can snowball into license suspensions and lost defenses. Acting in days, not weeks, preserves options and reduces long‑term damage.

When Does a Texas DWI Become a Felony, and What Are the Penalties

Texas law elevates a DWI to a felony in several situations. The most common are serious injury or death, driving with a child passenger under 15, and certain repeat offenses. For a deeper explanation of thresholds and examples, see this clear guide to when a DWI is elevated to a felony. Statutory elements and grading are defined in the Texas Penal Code chapter on intoxication offenses (Chapter 49).

• Intoxication assault means serious bodily injury to another caused by intoxication while operating a vehicle, typically a third‑degree felony with a range of 2 to 10 years in prison and fines up to $10,000.
• Intoxication manslaughter means a death caused by intoxication while operating a vehicle, a second‑degree felony with 2 to 20 years in prison and up to a $10,000 fine.
• DWI with child passenger is a state jail felony if a child under 15 was in the vehicle, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000.
• Repeat DWI, third or more is generally a third‑degree felony with a 2 to 10 year range.

There are also enhancements in specific scenarios, including when certain public servants are injured. Penalties often include an ignition interlock, community service, classes, and license consequences. In Harris County, felony DWIs are prosecuted in the criminal district courts, and misdemeanor DWIs are handled in county criminal courts. If you are comparing charge levels, this overview on how Texas law treats felony versus misdemeanor DWI helps frame why early strategy is different for each level.

Common misconception to correct

Misconception: a felony DWI is unwinnable if there is a blood test or serious crash. Reality: many felony cases turn on proof of intoxication at the relevant time, the lawfulness of the stop or blood draw, causation of the injury or death, and the integrity of lab methods. Each of those can be challenged with the right records and experts.

DWI With Injury or Manslaughter Charges: What Changes in Strategy

If your case involves injuries or a fatality, the legal battleground expands beyond a basic alcohol case. The State must prove intoxication and that intoxication caused the injury or death. Those are separate questions. For professionals in Houston who drive for work or commute long distances, these distinctions are critical.

• Causation fights. Accident reconstruction, brake and steering data, event data recorders, roadway friction, weather, and third‑party driver actions can break the chain of causation. A rear‑end by another driver or a sudden mechanical failure may be the true cause, not intoxication.
• Time of intoxication. In crash cases with delayed blood draws, retrograde extrapolation becomes a central issue, and it is only as reliable as the assumptions fed into it. Eating, drinking, body weight, injury shock, and IV fluids matter.
• Medical evidence. Hospital serum alcohol results are not the same as whole blood forensic results. Conversion errors and lab protocols are frequent attack points.
• Victim impact and mitigation. Compassionate, documented restitution and treatment can influence charge decisions and sentencing even in serious cases, without admitting legal guilt.

If you are staring at potential prison time, you need a plan that honors the facts and the people affected while rigorously testing the State’s proof. That balance is how many felony clients avoid worst‑case outcomes.

Texas DWI With Drugs: How It’s Different From Alcohol Cases

Drug‑based DWIs are not per se cases in Texas. There is no legal limit for THC, prescription medications, or most other substances. The State must prove loss of normal use due to a drug and must tie that impairment to driving. That opens multiple defense lanes for an evidence‑driven professional.

• Presence is not impairment. A positive blood result for THC metabolites or a therapeutic level of a prescription does not equal impaired driving. Half‑life, tolerance, and timing matter.
• DRE protocols and reliability. Drug Recognition Expert evaluations are only as good as the training and the administration. Documentation gaps and alternative medical explanations often undercut the conclusions.
• Lab science issues. Chain of custody, sample contamination, anticoagulant ratios, hemolysis, instrument calibration, and cutoffs all affect reliability in drug panels.
• Polypharmacy. When more than one drug or a mix of alcohol and drugs is alleged, causation and impairment opinions become more speculative. Expert witnesses can help jurors understand these limits.

For a professional who uses prescription medications or who was treated in a hospital after a crash, a drug DWI requires tailored medical and scientific review that differs from standard alcohol cases.

Your Strategic Defense Roadmap, Built for High‑Risk Felony Exposure

Felony DWI defense is a project with milestones. The goal is to stress test every legal element and create off‑ramps to lesser charges or probation where justified. For a fuller discussion of options and timelines, review these practical defense strategies and motion practice options and this deep‑dive on defense approaches for high‑risk and felony DWI cases.

Phase 1: Intake, ALR, and Evidence Preservation

• ALR hearing to cross‑examine the officer, lock testimony, and sometimes reveal weaknesses in the stop or testing that help the criminal case.
• Discovery requests for videos, CAD logs, Intoxilyzer maintenance, gas‑chromatogram printouts, validation studies, and blood draw warrant materials.
• Defense investigation including scene photos, witness interviews, vehicle inspection, and medical record collection.

Phase 2: Motion Practice That Moves the Needle

• Stop and arrest suppression. No reasonable suspicion or probable cause can mean suppression of all downstream evidence.
• Blood warrant attacks. Affidavit sufficiency, staleness, false statements, or material omissions can trigger a Franks hearing. Chain issues or lab noncompliance can lead to exclusion.
• Accident causation challenges. Motions in limine to restrict speculative opinions and to require proper accident reconstruction foundations.
• Expert disclosure and testing. Independent blood analysis, serum to whole blood conversions, and toxicology consulting to contest impairment opinions.

Phase 3: Resolution Pathways

• Negotiated outcomes. Charge reductions, split dispositional agreements, and specialty conditions like advanced treatment, interlock, and community service hours that align with your professional schedule.
• Trial readiness. A file that is trial‑ready tends to settle better. Jury selection and theme development start early in serious‑injury or fatality cases.
• Probation and conditions. Many third‑degree felonies permit community supervision, though some require short jail terms as a condition and a lengthy ignition interlock period.

Professionals often benefit from structured mitigation. Employment verification, character references, counseling, and verified sobriety monitoring can be presented without conceding legal guilt. This gives prosecutors and judges a reason to consider alternatives that still meet public safety goals.

Micro‑story: a Houston engineer with felony exposure

An Energy Corridor engineer was investigated after a multi‑car freeway crash with injuries. A late hospital blood draw showed alcohol, and felony intoxication assault was filed. Early motions exposed an invalid blood warrant and accident reconstruction showed a third driver’s sudden lane change was the primary cause. The felony was reduced, the license was protected through ALR, and the client kept a professional credential. Every case is different, and outcomes depend on facts and law, but this timeline shows why front‑loaded motion practice and causation analysis can change the trajectory.

License Survival Guide for Houston Drivers

Your driver’s license is the lifeline for most professionals in Harris County. The ALR case is civil and separate from the criminal charge. Key points to know:

• Deadlines. The ALR hearing request is typically due within 15 days of notice. If you miss it, the suspension usually starts on the 40th day after notice.
• Suspension ranges. First alcohol test failure often carries about a 90 day suspension. A refusal often carries about 180 days. Prior alcohol or drug enforcement contacts can increase those periods, sometimes to a year or more.
• Occupational licenses. Many drivers qualify for an occupational license to travel for work, school, and essential household needs. Courts often require SR‑22 insurance and an ignition interlock.
• Why contest ALR. You can win outright, obtain a shorter suspension, or at least lock in officer testimony that helps your criminal defense.

In Houston, ALR hearings are frequently set before the State Office of Administrative Hearings. A clean record of the stop and test often becomes the backbone of later motions in your felony case.

Collateral Consequences That Strategic Professionals Must Plan For

• Employment and professional licenses. Some industries require disclosure after arrest or conviction. Documentation of treatment and compliance is often more persuasive when started early.
• Travel and immigration. Felonies can restrict international travel and may affect immigration status. Misdemeanor resolutions can sometimes avoid the harshest impacts.
• Financial costs. Interlock, classes, supervision fees, and insurance increases add up. Planning these costs helps avoid violations later.
• Records and sealing. Felony DWI offenses generally are not eligible for nondisclosure. Expunction is possible only in limited scenarios like dismissals or acquittals. This is why a charge reduction or dismissal can be life‑changing.

Short Sidebars for Different Reader Needs

Anxious Provider (Problem‑aware): Focus on the next 7 to 15 days. Request the ALR hearing, protect your license, and secure bodycam and hospital records. Tell your employer only what policy requires and gather letters that document your role at work and family responsibilities. These steps stabilize your case and your household.

High‑Stakes Executive (Product‑aware): Discretion, limited court appearances, and calendar control are doable in Houston courts with planning. Sensitive careers often benefit from structured communications and a clear privacy plan for investigative steps and hearings.

Elite Fixer (Most‑aware): Personal attorney involvement and a zero‑surprises approach are available, but be realistic about record outcomes. Felony DWIs are not eligible for nondisclosure. Record removal usually requires dismissal, no‑bill, or acquittal. Strategy aims for the narrow paths that make that possible.

Uninformed Risk‑Taker (Unaware): Felony or drug‑based DWIs are different from a simple alcohol stop. Injury or fatality cases add causation disputes, and drug cases lack a legal limit. You fight on science, warrants, and accident facts, not only on a number.

Building the Evidence You Need to Win or Reduce

• Stop and field testing. Evaluate dash and bodycam for bad instructions, medical limitations, footwear, lighting, and road surface. Many “clues” disappear when viewed frame by frame.
• Breath testing. Intoxilyzer maintenance, operator certification, and simulator solution logs can undermine a breath result when procedures were not followed.
• Blood testing. Sample preservation, anticoagulant and preservative ratios, headspace gas chromatography validation, and lab accreditation all matter. A second opinion test can reveal fermentation or contamination.
• Crash reconstruction. Event data recorders, skid marks, crush profiles, and sightlines are objective ways to test causation in assault or manslaughter cases.

These evidence lanes are how you move from fear to a concrete plan. They also shape negotiation leverage and trial themes, which can reduce charges or secure probation where appropriate.

Comparing Misdemeanor and Felony DWI Paths

Misdemeanor DWIs focus on whether you were intoxicated to drive and whether the stop and test were lawful. Felony DWIs add proof of injury or death or repeat‑offense elements, plus higher sentencing ranges. For quick context, this primer on how Texas law treats felony versus misdemeanor DWI highlights why the defense blueprint changes in high‑risk cases. In addition, Houston drivers often ask for a clear guide to when a DWI is elevated to a felony and how that affects outcomes in local courts.

Mindset and Stance: Why Getting Informed Early Matters

Speed and accuracy win these cases. The longer you wait, the harder it becomes to preserve useful video, subpoena hospital records, or challenge a blood warrant. On the other hand, a focused two‑week sprint often uncovers legal and scientific issues that change the risk calculation. The stance here is simple and proven: act quickly, investigate deeply, and decide based on facts, not fear.

Frequently Asked Questions About Felony DWI in Texas for Houston Professionals

Is a felony DWI in Texas automatically a prison case

No. Third‑degree felonies like intoxication assault or a third DWI carry 2 to 10 years, but community supervision is often legally available. Well‑documented mitigation and strong motions can support probation or a reduced charge when facts justify it. Each outcome depends on evidence and law.

How fast will I lose my license after a Houston DWI arrest

If the officer alleged failure or refusal, your license is at risk unless you request the ALR hearing within 15 days of notice. Without a timely request, suspensions typically begin on the 40th day after notice. Many drivers can obtain an occupational license, often with an ignition interlock.

What is different about DWI with injury or manslaughter charges in Texas

Two elements must be proven, intoxication and causation. Accident reconstruction, medical evidence, and timing of any blood draw are central. Penalties range from 2 to 10 years for intoxication assault and 2 to 20 years for intoxication manslaughter.

How do drug‑based DWI cases work if there is no legal limit

There is no numeric threshold for most drugs in Texas, so the State must prove impairment tied to driving. Lab results, DRE opinions, and medical records are all tested, and tolerance or timing can defeat the State’s case. Defense experts and independent lab reviews are common in drug DWIs.

Can a felony DWI be removed from my record

Felony DWI convictions are not eligible for nondisclosure. Expunction is generally available only when the case ends in dismissal, no‑bill, or acquittal. This makes early defense and opportunities for charge reduction especially important.

Why Acting Early Matters in High‑Risk DWI Cases

Time is evidence. Within days, videos can overwrite and memories fade. In Houston and surrounding counties, a fast start lets you challenge the stop or blood draw, re‑test samples, and get accident experts to the scene. It also protects your license through ALR and gives you space to plan for work and family. Consulting a qualified Texas DWI lawyer early helps ensure the right motions are filed and the right experts are engaged.

Short video walkthrough

For a concise overview that matches the steps in this article, watch this brief Butler Law walkthrough for high‑risk cases. It explains how to start fighting a Texas DWI immediately, including investigating the stop, preserving evidence, and handling ALR and discovery deadlines.

Butler Law Firm - The Houston DWI Lawyer
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