Felony DUI

Southlake Felony DUI Defense Attorney

A routine drive along Southlake Boulevard or Highway 114 can turn into a legal nightmare if a law enforcement officer stops you for suspicion of DWI (driving under the influence). And if a prosecutor raises a DWI charge from a misdemeanor to a felony, your freedom will be on the line. You’ll need to speak with a Southlake felony DUI defense attorney at Barrett Legal PLLC.

In Tarrant County and across Texas, a Southlake felony DUI defense lawyer at Barrett Legal PLLC can step in after a DWI arrest to investigate what actually happened and to fight for your long-term best interests. Barrett Legal PLLC proudly represents clients facing felony DUI charges throughout Tarrant County and across Texas.

Don’t wait while a prosecutor builds a case against you. Immediately after a DWI arrest, call Barrett Legal PLLC at 817-512-7044 to schedule a discussion of your case with a lawyer who can take immediate, effective action on your behalf.

The Distinction Between DUI and DWI 

Under Texas law, DUI and DWI are two distinct criminal charges. Driving while intoxicated is the usual intoxicated driving charge for adult motorists in Texas. DUI (driving under the influence) charges apply only to drivers under 21.

Texas enforces a zero-tolerance policy toward underage drinking and driving. A driver under 21 commits DUI by operating a vehicle or watercraft in a public area with any measurable amount of alcohol in the bloodstream. The state doesn’t have to prove the minor exceeded a 0.08% blood alcohol level.

While a first-time DUI offense for a young driver is usually a Class C misdemeanor, the penalties can escalate depending on the defendant’s breath test results or prior convictions. Drivers facing either charge should make the call to a DWI attorney at Barrett Legal PLLC.

How Texas Raises DWIs to Felonies

An ordinary first or second driving while intoxicated charge without aggravating circumstances is charged as a Class B or Class A misdemeanor, but particular circumstances can turn a standard DWI charge into a serious, major felony charge. The line between a misdemeanor DWI and a felony DWI depends on specific legal factors:

  1. Does the driver have any previous DWI or DUI convictions?
  2. What was the driver’s blood alcohol concentration (BAC) level?
  3. Were there vulnerable passengers (minors) in the driver’s vehicle?
  4. Was anyone injured or killed?

 

If it’s your third DWI offense, if a minor under 15 years old was your passenger, or if your intoxicated driving caused someone’s serious injury or death, you’ll be charged with felony DWI. Texas prosecutors don’t hesitate to pursue maximum enhanced DWI penalties.

Misdemeanor DWI offenses carry jail penalties capped at 1 year, but felony DWI offenses carry prison terms ranging from 1 to 99 years, or life imprisonment for the most severe offenses.

Texas Felony DWI Charges

Facing a felony charge does not mean you will suffer the maximum penalties, or any penalties at all. An aggressive Southlake felony DUI defense attorney at Barrett Legal PLLC can challenge every element of the state’s case against you and negotiate an acceptable plea deal or defend you at trial.

Texas law establishes four felony DWI offenses. Each felony DWI charge entails specific evidence requirements and mandatory minimum penalties:

Third or Subsequent DWI

A person commits a third-degree felony by driving a motor vehicle in a public area while intoxicated and while having two previous convictions for any offense related to operating a motor vehicle, aircraft, or watercraft while intoxicated.

Unlike some states, Texas imposes no look-back window for prior DWI convictions. A DWI conviction from twenty years ago in another state counts toward enhanced DWI penalties just as much as a recent Texas DWI conviction. A prosecutor only needs to present certified court records establishing two prior DWIs or out-of-state convictions to elevate the current charge to a third-degree felony.

A conviction for a third or subsequent DWI can lead to 2 to 10 years in prison, a fine of up to $10,000, and a license suspension of up to 2 years.

DWI with a Child Passenger

Driving while intoxicated in Texas with a child passenger is a distinct state jail felony under state law. The charge applies whenever someone operates a motor vehicle while intoxicated with a passenger below 15 years of age.

The prosecution does not need to prove that the child suffered any injury or that an accident occurred. The mere presence of the child in the vehicle provides legal grounds for a state jail felony charge. 

Penalties upon conviction can include a fine of up to $10,000, 180 days to 2 years in a state jail, mandatory alcohol education classes, an order to mount an ignition interlock device on your vehicle, and a driver’s license suspension for 90 days to 2 years.

Intoxication Assault

In Texas, a driver commits intoxication assault by accidentally or mistakenly causing serious bodily injury to another person while driving a vehicle in a public place while intoxicated.

Texas law defines serious bodily injuries as injuries that create a significant risk of death, cause a serious permanent disfigurement, or result in a protracted impairment or loss of any bodily function or organ.

An intoxication assault is a third-degree felony. A conviction may be penalized with 2 to 10 years in state prison and a driver’s license suspension ranging from 90 days up to 2 years.

Intoxication Manslaughter

The most severe felony DWI charge is intoxication manslaughter, which is operating a vehicle in a public location while intoxicated and causing the death of another individual by reason of that intoxication.

An intoxication manslaughter is a second-degree felony. Penalties upon conviction can include 2 to 20 years in prison, up to a $10,000 fine, extensive community service hours, and mandatory ignition interlock requirements.

Prosecutors in these cases must prove a direct causal link between the alleged state of intoxication and the fatality. If bad weather, vehicle failure, or the other driver’s actions caused the accident, a Southlake felony DUI defense lawyer can offer a strong challenge to the prosecution’s case.

Texas Felony Categories

Felonies in Texas are state jail felonies, third-degree felonies, second-degree felonies, first-degree felonies, or capital felonies. Beyond prison and fines, judges can order probation that may include up to 1,000 hours of community service, residential drug or alcohol treatment, and court-ordered installation of ignition interlock devices on every vehicle you own or operate.

Administrative License Revocation (ALR) and the 15-Day Deadline

When Texas law enforcement officers arrest you for a felony DWI, you face two separate legal proceedings: the criminal case and a civil administrative case to suspend your driving privileges. Under the Administrative License Revocation (ALR) program, the state moves rapidly to initiate the driver’s license suspension process.

If you refuse a police officer’s request for a breath or blood sample, or if breathalyzer testing measures a blood alcohol concentration level at 0.08% or higher, the arresting officer issues a notice of driver’s license suspension. This notice functions as a temporary driving permit for 40 days.

You have exactly 15 days from the date you receive the notice of your driver’s license suspension (the date of the DWI arrest) to request a hearing to challenge the suspension. Failing to submit a written request within this 15-day window triggers an automatic license suspension on the 40th day following the arrest.

Why Should You Insist on an ALR Hearing?

Requesting an Administrative License Revocation hearing achieves two goals for your DWI defense:

  1. It pauses your automatic driver’s license suspension while the administrative hearing remains pending, preserving your driving privileges.
  2. It allows your lawyer to cross-examine the arresting police officer before your criminal trial. This early cross-examination may expose inconsistencies and weaknesses in the prosecution’s case.

Our team at Barrett Legal PLLC submits ALR hearing requests immediately after being retained. We contest every element of the state’s license suspension case, challenging whether the police officer had reasonable suspicion to initiate the initial traffic stop and probable cause to make the DUI arrest.

Tarrant County Criminal Courts

Felony DWI offenses in Tarrant County are handled by the felony division of the Tarrant County Criminal District Courts. All felony proceedings take place at the Tim Curry Criminal Justice Center, located at 401 West Belknap Street in downtown Fort Worth.

The Tarrant County District Attorney’s Office assigns dedicated prosecutors to DWI felony cases. These prosecutors have extensive resources and routinely seek maximum sentences for repeat offenders.

If you are charged with felony DWI, Barrett Legal PLLC can manage every phase of the judicial process in downtown Fort Worth, from bond hearings and arraignments to grand jury presentations, pre-trial motion hearings, and jury trials. We can ensure that Tarrant County prosecutors and judges treat you fairly and that your side of the story is told, heard, and understood.

Defense Strategies

The team at Barrett Legal PLLC examines every aspect of your DWI case to prepare an appropriate and effective defense strategy. Defense strategies we may consider include:

  1. Challenging your traffic stop: Police officers must have specific facts demonstrating reasonable suspicion before they may stop your vehicle. Any evidence obtained through an unlawful traffic stop may be suppressed in court.
  2. Challenging breathalyzer accuracy: Breathalyzers require regular maintenance and calibration. We can inspect maintenance records and may challenge the accuracy of test results.
  3. Disputing causation: In intoxication assault and intoxication manslaughter cases, prosecutors must prove that intoxication directly caused the injury or death. We seek evidence for alternative causes, such as hazardous road conditions, mechanical failures, or third-party driver negligence.
  4. Challenging convictions: To prosecute a third DWI charge as a felony, the state must prove two prior convictions. If a prior conviction involved legal defects, coercion, or missing records, we move to strike the conviction and move the pending charge back to a misdemeanor.

Collateral Consequences of a Felony Conviction

The impact of a DWI felony conviction extends far beyond prison time, court fines, and driver’s license suspensions. A DWI felony conviction in Texas stays on your record for life. Texas law provides no expungement option for valid felony convictions. The consequences of a Texas DWI felony conviction include:

  1. Loss of your right to own or possess firearms.
  2. Suspension or permanent revocation of professional licenses.
  3. Disqualification from most management positions and other career opportunities.
  4. Housing and credit application rejections.
  5. In child custody proceedings, a felony conviction can limit parental rights and visitation privileges.

Ask Barrett Legal PLLC to Fight for You

Barrett Legal PLLC represents felony DWI clients in Tarrant County and across the state of Texas. From challenging your breathalyzer results to representing you at an ALR hearing or asking a jury to find you not guilty, we stand with you at every stage of the felony DWI process.

Call 817-512-7044 to schedule your initial legal consultation with an experienced Texas defense attorney at Barrett Legal PLLC.