Felony DWI in Austin, Texas

Facing a felony DWI charge in Austin is a serious and often life‑changing experience. Unlike a first‑offense misdemeanor DWI, a felony charge carries the possibility of significant prison time, steep fines, the loss of driving privileges, and long‑term consequences for employment, housing, and future opportunities. If you or a loved one is dealing with a felony DWI arrest, the attorneys at Gordon Law PLLC are here to help you understand the law, review your options, and protect your rights every step of the way.

Gordon Law PLLC is located at 600 W. 28th Street, Suite #106A Austin, Texas 78705, and offers free consultations and flexible payment plans. If you are facing a felony DWI charge anywhere in Austin or the surrounding areas, call 512‑678‑9333 (WEED) to speak with an attorney right away.

What Makes a DWI a Felony in Texas?

A DWI becomes a felony in Texas under several circumstances. The most common felony DWI charges include:

  1. Third or Subsequent DWI (Third‑Degree Felony)

If a person has two prior DWI convictions, a new arrest is typically charged as a third‑degree felony, punishable by:

  • 2 to 10 years in prison
  • Fines up to $10,000
  • License suspension up to 2 years
  • Possible mandatory ignition interlock device (IID)
  • Felony probation (community supervision), if eligible
  1. DWI With a Child Passenger (State Jail Felony)

Driving while intoxicated with a child under 15 in the vehicle is a state jail felony, even if it is a first offense. Penalties can include:

  • 180 days to 2 years in a state jail facility
  • Fines up to $10,000
  • Required parenting classes or substance abuse treatment
  1. Intoxication Assault (Third‑Degree Felony and Higher)

If a DWI results in serious bodily injury to another person—whether a passenger, another driver, or a pedestrian—it may be charged as intoxication assault. Penalties may be increased further if the injured person is a peace officer, firefighter, EMT, or judge.

  1. Intoxication Manslaughter (Second‑Degree Felony)

If a DWI accident results in death, the charge becomes intoxication manslaughter, carrying:

  • 2 to 20 years in prison
  • Up to $10,000 in fines
  • Additional enhancements if multiple victims are involved

Each of these felony charges carries consequences far beyond a typical misdemeanor case, making experienced legal representation essential.

What the State Must Prove

The prosecution typically must prove two key elements:

  1. You operated a motor vehicle in a public place, and
  2. You were intoxicated (by loss of mental/physical faculties or a BAC of 0.08 or higher).

In felony cases involving accidents or injuries, the State must also prove the connection between intoxication and the injury or death, which is often the focus of the defense strategy.

How Felony DWI Charges Typically Arise in Austin

Felony DWI arrests often come from:

  • Crashes involving injuries
  • Repeat offenders identified through driving records
  • Traffic stops involving minors in the vehicle
  • Blood draws from serious accident scenes

Austin Police Department, DPS troopers, and local sheriff’s offices often work closely with prosecutors on felony DWI cases, and blood test evidence is common. These tests, however, are far from infallible.

Potential Defenses in Felony DWI Cases

The attorneys at Gordon Law PLLC closely examine every part of the case to identify defenses. Common areas of challenge include:

  1. Illegal Traffic Stop or Detention

If officers lacked reasonable suspicion to stop you, or probable cause to detain you, key evidence may be suppressed.

  1. Problems With Blood or Breath Testing

Issues that may arise include:

  • Improper blood draw procedures
  • Chain‑of‑custody problems
  • Contaminated samples
  • Machine calibration errors
  • Lab technician mistakes

These issues are especially critical in felony cases, where the stakes are highest.

  1. Field Sobriety Test Errors

Officers must follow strict protocols when administering roadside tests. Deviation from standardized procedures can affect their reliability.

  1. Accident Reconstruction Challenges

In intoxication assault or manslaughter cases, the State must prove the intoxication caused the crash or injury. Defense experts may challenge the State’s reconstruction or propose alternative explanations.

  1. Medical or Trauma‑Based Explanations

In accident cases, injuries, shock, or confusion may be mistaken for signs of intoxication.

Every felony DWI case is unique. A thorough investigation often uncovers weaknesses that can lead to reduced charges, dismissals, or favorable negotiations.

Potential Outcomes in Felony DWI Cases

While felony charges carry significant penalties, the outcome depends heavily on the specific facts and the strength of the State’s evidence. Possible resolutions include:

  • Dismissal of charges if evidence is insufficient or unconstitutional
  • Reduction to a misdemeanor in certain cases
  • Plea negotiations resulting in reduced penalties
  • Deferred adjudication (available in limited felony circumstances)
  • Probation instead of prison time
  • Not guilty verdict at trial

The attorneys at Gordon Law PLLC pursue every available defense to reach the best possible outcome.

How Gordon Law PLLC Helps Clients Facing Felony DWI Charges

A felony DWI accusation can affect your freedom, your family, and your future. The attorneys at Gordon Law PLLC provide:

  • Detailed case analysis, including body‑cam footage, police reports, and lab results
  • Expert consultations, including toxicologists and accident reconstructionists
  • Strong negotiation strategies aimed at reducing charges or penalties
  • Trial‑ready representation when necessary
  • Clear communication so you understand your options at every stage
  • Free consultations and flexible payment plans to make experienced representation accessible

When the stakes are this high, you need a defense team committed to protecting your rights and your future.

Contact Gordon Law PLLC

If you or a loved one has been charged with a felony DWI in Austin or the surrounding areas, contact:

Gordon Law PLLC
600 W. 28th Street, Suite #106A
Austin, Texas 78705
Phone: 512‑678‑9333 (WEED)

Free consultations and flexible payment plans are available.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship. For advice about your specific situation, contact a qualified attorney.

Request a Consultation Today

Please enable JavaScript in your browser to complete this form.
Checkboxes

Get the legal help you deserve.
Call our dedicated team at Gordon Law PLLC

Get the legal help you deserve from a team that listens, prepares, and fights for you. At Gordon Law PLLC, we take your case seriously and provide guidance tailored to your situation. Let us help you protect your future with trusted, client-focused representation.