DWI & Felony DWI in Corpus Christi: Protecting Your Rights from Misdemeanor to Felony Charges

A DWI charge can range from a Class B misdemeanor to a first-degree felony carrying up to 99 years in prison. In Corpus Christi and throughout the Coastal Bend, the consequences of a DWI escalate dramatically with each subsequent offense and with aggravating factors. A first DWI may result in probation and a short license suspension. A third DWI is a felony that can send you to prison for a decade. When your freedom, your license, and your future are on the line, you need a defense attorney who understands the full spectrum of DWI charges—from misdemeanor to felony—and will fight to protect your rights at every stage.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with DWI, whether it is a first offense or a felony third DWI. Whether you were stopped on South Padre Island Drive, pulled over on Staples Street, or involved in an accident on the Crosstown Expressway, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding DWI in Texas

Driving While Intoxicated (DWI) is defined under Section 49.04 of the Texas Penal Code. A person commits DWI if they operate a motor vehicle in a public place while intoxicated.

What Does “Intoxicated” Mean?

Under Texas law, a person is intoxicated if:

• They do not have the normal use of their mental or physical faculties due to alcohol, drugs, or a combination of substances, OR

• They have an alcohol concentration of 0.08 or more

This means that even if your BAC is below 0.08, you can still be charged with DWI if an officer believes your faculties were impaired.

Misdemeanor DWI Charges

First-Offense DWI (Class B Misdemeanor)

A first DWI with a BAC below 0.15 is a Class B misdemeanor, punishable by:

• 3 to 180 days in county jail

• Fine up to $2,000

• Driver’s license suspension (90 days to 1 year)

• Annual surcharge of $1,000 for 3 years

• DWI education program (12 hours)

First-Offense DWI with High BAC (Class A Misdemeanor)

If your BAC is 0.15 or above, the offense is a Class A misdemeanor, punishable by:

• Up to 1 year in county jail

• Fine up to $4,000

• Driver’s license suspension (1 year)

• Annual surcharge of $2,000 for 3 years

• Mandatory ignition interlock device

• DWI intervention program (32 hours)

Second-Offense DWI (Class A Misdemeanor)

A second DWI within 10 years is a Class A misdemeanor, punishable by:

• 30 days to 1 year in county jail

• Fine up to $4,000

• Driver’s license suspension (180 days to 2 years)

• Annual surcharge of $1,500 for 3 years

• Mandatory DWI intervention program

• Ignition interlock device

Felony DWI Charges

Third-Offense DWI (Third-Degree Felony)

A third DWI is a third-degree felony, punishable by:

• 2 to 10 years in the Texas Department of Criminal Justice

• Fine up to $10,000

• Driver’s license suspension (180 days to 2 years)

• Annual surcharge of $2,000 for 3 years

• Mandatory DWI intervention program

• Ignition interlock device

DWI with Child Passenger (State Jail Felony)

DWI with a child under 15 in the vehicle is a state jail felony, punishable by:

• 180 days to 2 years in state jail

• Fine up to $10,000

• Driver’s license suspension (up to 180 days)

• Mandatory DWI education program

• Possible CPS involvement

Intoxication Assault (Third-Degree Felony)

Intoxication assault occurs when a DWI causes serious bodily injury to another person. It is a third-degree felony, punishable by 2 to 10 years in prison.

Intoxication Manslaughter (Second-Degree Felony)

Intoxication manslaughter occurs when a DWI causes the death of another person. It is a second-degree felony, punishable by 2 to 20 years in prison. It can be enhanced to a first-degree felony (5 to 99 years) if the victim is a peace officer or firefighter.

How DWI Charges Arise in Corpus Christi

DWI charges in Corpus Christi typically arise from:

Traffic Stops

A routine traffic stop on South Padre Island Drive, Staples Street, the Crosstown Expressway, or other Corpus Christi roadways leads to a DWI investigation.

Checkpoints

Law enforcement conducts DWI checkpoints throughout Corpus Christi, particularly on weekends and holidays.

Accidents

If you are involved in an accident, police will investigate and may administer field sobriety tests or breath tests.

Calls from Citizens

Reports of erratic driving can lead to police stops and DWI investigations.

Field Sobriety Testing

When an officer suspects intoxication, they will typically administer field sobriety tests:

Standardized Field Sobriety Tests (SFSTs)

Horizontal Gaze Nystagmus (HGN)
The officer checks for involuntary jerking of the eyes as they follow an object. This test can be affected by medical conditions, fatigue, and other factors.

Walk-and-Turn
The suspect is asked to take nine steps in a straight line, turn, and return. This test can be affected by age, injury, footwear, and uneven pavement.

One-Leg Stand
The suspect stands on one leg for 30 seconds. This test can be affected by balance issues, injury, and other physical conditions.

Preliminary Breath Test (PBT)

A portable breath test administered at the scene. Results are not admissible at trial but can provide probable cause for arrest.

Chemical Testing

After arrest, you will be asked to provide a breath or blood sample:

Breathalyzer (Intoxilyzer 9000)

The Intoxilyzer 9000 is the machine used by Texas law enforcement. The machine can produce inaccurate results due to:

• Improper calibration

• Operator error

• Mouth alcohol (from burping, vomiting, or dental work)

• Medical conditions (GERD, diabetes, etc.)

• Environmental factors

Blood Testing

Blood tests are considered more accurate than breath tests, but they are not infallible. Challenges include:

• Improper collection

• Improper storage

• Chain of custody issues

• Fermentation of blood samples

• Contamination

Driver’s License Suspension (ALR Hearing)

When you are arrested for DWI, the officer will take your driver’s license and issue a notice of suspension. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. If you do not request a hearing within 15 days, your license will be automatically suspended.

The ALR hearing is separate from the criminal case. It focuses on:

• Whether the officer had reasonable suspicion to stop you

• Whether the officer had probable cause to arrest you

• Whether you refused to provide a breath or blood sample

• Whether your BAC was above 0.08

Winning the ALR hearing can prevent your license from being suspended, even if the criminal case is still pending.

Defending Against DWI Charges

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Challenging the Traffic Stop

The officer must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence from the stop may be suppressed.

Challenging Field Sobriety Tests

Field sobriety tests are not always reliable. Your attorney may challenge:

• Whether the tests were administered properly

• Whether the officer was properly trained

• Whether physical or medical conditions affected your performance

Challenging the Breathalyzer

Your attorney may challenge:

• Whether the machine was properly calibrated

• Whether the operator was certified

• Whether there were interfering factors (mouth alcohol, medical conditions)

Challenging the Blood Test

Your attorney may challenge:

• Whether the blood was properly drawn

• Whether the chain of custody was maintained

• Whether the sample was properly stored

• Whether the test results are accurate

Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. If you were drinking shortly before driving, your BAC may have been below 0.08 at the time of driving but rose above 0.08 by the time of the test.

Medical Conditions

Certain medical conditions can mimic signs of intoxication or affect test results, including:

• Diabetes

• Neurological disorders

• GERD

• Inner ear problems

Frequently Asked Questions About DWI & Felony DWI

What is the difference between a misdemeanor and felony DWI?

A first or second DWI is a misdemeanor. A third DWI, DWI with a child, intoxication assault, and intoxication manslaughter are felonies. Felonies carry state prison time, while misdemeanors carry county jail time.

What is the penalty for a third DWI in Texas?

A third DWI is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

How long does a DWI stay on your record?

A DWI conviction stays on your record permanently. It cannot be expunged unless the case was dismissed or you were acquitted.

What is the ALR hearing deadline?

You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. Failure to request the hearing results in automatic license suspension.

Can I get probation for a felony DWI?

Probation (community supervision) may be available for some felony DWI offenses, but it is not automatic. The court considers factors such as the nature of the offense, your criminal history, and the circumstances of the case.

What is intoxication assault?

Intoxication assault occurs when a DWI causes serious bodily injury to another person. It is a third-degree felony, punishable by 2 to 10 years in prison.

What is intoxication manslaughter?

Intoxication manslaughter occurs when a DWI causes the death of another person. It is a second-degree felony, punishable by 2 to 20 years in prison.

How does a DWI affect my driver’s license?

Your license may be suspended administratively through the ALR process. A conviction also results in license suspension. You may be eligible for an occupational license.

Do I need an attorney for a DWI?

Yes. A DWI can result in jail time, license suspension, and a permanent criminal record. A felony DWI can result in years in prison. An experienced DWI defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Can I get an occupational license after a DWI?

Yes. If your license is suspended, you may be eligible for an occupational license to drive for essential purposes such as work, school, and medical appointments.

Why Barton & Associates Is the Right Choice for Your Defense

DWI charges range from misdemeanors to serious felonies that can result in years in prison. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against DWI charges at every level in the Nueces County criminal courts.

Our attorneys understand the nuances of DWI defense—the strategies for challenging traffic stops, field sobriety tests, and breathalyzer results. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that a DWI charge can be a frightening experience. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their license, and their future.

Protect Your License and Your Future Today

If you are charged with DWI in Corpus Christi, whether misdemeanor or felony, your license, your freedom, and your future are on the line. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against DWI charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780