San Antonio Felony DWI Defense Attorneys – Fighting Enhanced DWI Charges

Understanding the Serious Reality of a Felony DWI in Texas

When a DWI charge escalates to a felony in Texas, the legal landscape changes dramatically. This is no longer a misdemeanor case with probation as a likely outcome. A Felony DWI—also known as an Enhanced DWI—is a life-altering criminal accusation that carries the potential for years in state prison, massive fines, and a permanent criminal record. At Barton & Associates, we understand that these charges often arise from a combination of past mistakes and current circumstances. Whether you face a felony charge due to prior convictions, an accident involving serious injury, or having a child in the vehicle, the state of Texas will prosecute you with maximum aggression. The consequences extend far beyond the courtroom, threatening your employment, your driver’s license, your family stability, and your future. Your immediate and decisive action in securing an experienced, strategic defense is the most critical step you can take to protect yourself.

What Makes a DWI a Felony in Texas?

In Texas, a standard first or second DWI is typically a misdemeanor. However, the law mandates enhanced, felony-level charges under specific, serious circumstances. Understanding which category applies to you is the first step in building a defense.

1. DWI 3rd Offense (or more)

If you have two prior DWI convictions (even from decades ago), a third arrest will be charged as a third-degree felony. Texas has a “look-back” period that encompasses your entire lifetime for prior DWI convictions when determining enhancement.

2. DWI with Child Passenger

If you are arrested for DWI with a passenger under the age of 15 in the vehicle, you will be charged with a state jail felony, regardless of whether it is your first offense. This charge, often called “DWI with a Child,” carries severe social stigma and separate Child Endangerment considerations from CPS.

3. Intoxication Assault

If an accident caused by your intoxication results in serious bodily injury to another person, you will face Intoxication Assault, a third-degree felony. “Serious bodily injury” is legally defined as creating a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ.

4. Intoxication Manslaughter

If an accident caused by your intoxication results in the death of another person, you will face Intoxication Manslaughter, a second-degree felony. This is one of the most severely punished charges in Texas, and prosecutors seek maximum sentences.

The Severe Penalties for a Felony DWI Conviction

The penalties for a felony DWI conviction are designed to punish and incapacitate. They are exponentially more severe than those for a misdemeanor.

• DWI with Child Passenger: State Jail Felony, 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.
• DWI 3rd Offense: Third-Degree Felony, 2 to 10 years in state prison and/or a fine of up to $10,000.
• Intoxication Assault: Third-Degree Felony, 2 to 10 years in state prison and/or a fine of up to $10,000.
• Intoxication Manslaughter: Second-Degree Felony, 2 to 20 years in state prison and/or a fine of up to $10,000.

Mandatory Minimums & “3g” Offenses: Intoxication Assault and Manslaughter are “3g” offenses under Texas law. This means you are ineligible for probation from a jury, and if a judge grants probation, it comes with exceptionally strict conditions. You must also serve at least half of any prison sentence before becoming eligible for parole.

Collateral Consequences That Devastate Your Life

Beyond prison, a felony DWI conviction triggers a cascade of lifelong penalties:

• Permanent Felony Record: This will appear on every background check for employment, housing, and professional licensing.
• Driver’s License Suspension: A felony conviction results in an automatic 2-year driver’s license suspension, with stringent requirements for an occupational license.
• Immense Financial Burden: Fines, court costs, probation fees, mandatory DWI education courses, and skyrocketing insurance premiums can total tens of thousands of dollars.
• Loss of Professional Licenses: Careers in law, medicine, nursing, real estate, teaching, and commercial driving will be terminated.
• Loss of Firearm Rights: A felony conviction results in a lifelong federal prohibition on possessing firearms.
• Social Stigma and Family Disruption: The labels “felon” and “intoxicated driver” carry profound shame and can tear families apart.

Common Defense Strategies for Felony DWI Charges

At Barton & Associates, we approach felony DWI defense with a comprehensive strategy that leaves no stone unturned. Given the high stakes, we challenge the state’s evidence at every possible point.

Core Defense Strategies Include:

• Challenging the Traffic Stop and Arrest: We file motions to suppress evidence, arguing the officer lacked reasonable suspicion to initiate the traffic stop or probable cause to arrest you for DWI. If the stop was unlawful, all evidence gathered after it—including field sobriety tests and breath/blood results—can be thrown out.
• Attacking the Breath or Blood Test Evidence: This is often the most technical and effective area of defense. We scrutinize the entire testing process:
  • Breath Tests: We challenge the calibration and maintenance records of the Intoxilyzer machine, the observation period, and the operator’s certification.
  • Blood Tests: We challenge the chain of custody of the blood sample, the qualifications of the phlebotomist and analyst, and the laboratory’s compliance with forensic standards. We may seek independent retesting of the blood sample.
• Questioning Field Sobriety Test Reliability: The standardized field sobriety tests (SFSTs) are subjective. We challenge the officer’s administration and interpretation of these tests, often using the training manuals against them.
• Presenting Alternative Explanations: We present evidence that your driving, appearance, or performance on tests was due to factors other than intoxication—fatigue, prescription medication, medical conditions, or nervousness.
• Negotiating for a Reduced Charge or Sentencing Agreement: In cases with mitigating factors or weaknesses in the state’s evidence, we negotiate aggressively for outcomes that avoid prison time, such as a reduced charge or a plea to a lengthy probation term with treatment.

The Critical Importance of Acting Within 15 Days

In Texas DWI cases, there are two simultaneous proceedings: the criminal case in court and the administrative license revocation (ALR) case with the Texas Department of Public Safety (DPS).

• The 15-Day ALR Deadline: From the date of your arrest, you have only 15 calendar days to request a hearing to fight the automatic suspension of your driver’s license. If you miss this deadline, your license will be suspended 40 days after your arrest, with no chance to contest it.
• Why the ALR Hearing Matters: This hearing is a critical pre-trial discovery tool. Your attorney can cross-examine the arresting officer under oath before the criminal trial, locking in their testimony and exposing weaknesses in the state’s case.

Why You Need Barton & Associates for Your Felony DWI Defense

Facing a felony DWI requires a law firm with specific expertise in both complex DWI science and high-stakes felony litigation.

• Former Prosecutorial Experience: Our attorneys have prosecuted felony DWI cases. We know the tactics, the scientific evidence, and the arguments that resonate with judges and juries in these emotionally charged cases.
• Board-Certified in Criminal Law: Our attorneys include specialists recognized by the Texas Board of Legal Specialization for their expertise and experience in criminal defense.
• Access to Expert Witnesses: We have working relationships with top forensic toxicologists, accident reconstructionists, and medical experts who can provide testimony to challenge the state’s scientific evidence.
• Comprehensive Case Management: We handle both your criminal case and your ALR hearing, ensuring a coordinated defense strategy from day one.

Your Future Is on the Line. Take Action Now.

A felony DWI charge is a legal emergency. The state will move quickly to secure a conviction that could result in a decades-long prison sentence. The time to act is now—not after your license is suspended or a grand jury returns an indictment.

Do not speak to investigators. Do not miss your 15-day ALR deadline.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. We will immediately begin the work of protecting your driver’s license, challenging the evidence against you, and building the powerful defense you need to fight for your freedom and your future.

Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000