Felony DWI

The majority of DWI cases result in misdemeanor charges, but this isn’t always the case. Driving while intoxicated can lead to felony charges in certain situations. Repeat DWI offenders and aggravated DWI crimes may result in expensive fines and prison time. In addition, people labeled as “felons” have a hard time gaining employment or housing. If you or someone you know has been charged with a felony-level DWI, you must act now. It’s incredibly difficult to fight a felony DWI if you don’t have a formidable defense. Stay ahead of your charges by contacting an experienced DWI attorney. An attorney can collect evidence, file motions and do whatever possible to get the best possible result for you.

Attorneys for Felony DWI in Houston, Texas

It can be incredibly difficult to defend a felony-level DWI case. If you have prior DWI convictions, the jury may decide your drinking is a threat to the general public. This is why it’s imperative you contact a skilled DWI attorney from Tyler Flood & Associates, Inc.

The attorneys at Tyler Flood & Associates, Inc. have years of experience with felony DWI cases. We understand the ins and outs of DWI law and your constitutional rights. Our attorneys can assess your charges and formulate a sturdy defense for you. Call us now at (713) 224-5529 for a free consultation.

Tyler Flood & Associates, Inc. accepts clients throughout the Houston area and surrounding communities including Tomball, Bellaire, Uptown and West University Place. Overview of Felony DWI in Texas


Third or Subsequent DWI in Texas

If you are on your third or subsequent DWI, you’ll probably be charged with a felony. Texas has no “lookback period,” which means any prior DWI conviction can be used to enhance your penalties. Even if your conviction was years ago. If you have two previous convictions in any of the following, you could have your penalties enhanced to a third-degree felony.

  • Driving while intoxicated;
  • Driving while intoxicated with a child passenger;
  • Driving while intoxicated with a BAC of .15;
  • Boating while intoxicated;
  • Flying while intoxicated;
  • Assembling or operating an amusement park ride while intoxicated;
  • Intoxication assault; and
  • Intoxication manslaughter

A third DWI under Texas law is a third-degree felony, which is punishable by:

  • A fine of up to $10,000; and
  • Minimum of 2 years and a maximum of 10 years in prison

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DWI with a Child Passenger in Texas

Certain aggravating factors can enhance your DWI to a felony. If you have a child passenger in the car during the offense, then your crime will be reclassified as a state jail felony. Texas considers any person younger than 15 years old to be a child passenger. A state jail felony is punishable by:

  • A possible fine of up to $10,000; and
  • Minimum of 180 days and a maximum of 2 years in state jail.

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Intoxication Assault in Texas

When your DWI results in injuries or property damage it can be a nightmare. If the victim sustained serious bodily injury, you could be charged with intoxication assault. Serious bodily injury under Texas law is any substantial risk of death that causes serious permanent disfigurement or the loss or impairment of a bodily member or organ. Intoxication assault is considered a third-degree felony, which can result in:

  • A fine of up to $10,000; and
  • Minimum of 2 years and a maximum of 10 years in prison

The penalties could be enhanced if certain circumstances are present in your case. If the victim sustained a traumatic brain injury which put them in a persistent vegetative state, you could face a second-degree felony. It’s also a second-degree felony if the victim was a firefighter or emergency medical service personnel. The penalties for a second-degree felony include:

  • A possible fine of up to $10,000; and
  • Minimum of two years and a maximum of 20 years in prison

You could face a first-degree felony if the victim was a peace officer or judge. A first-degree felony is punishable by:

  • A possible fine of up to $10,000; and
  • Minimum of five years and a maximum of life in prison

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Intoxication Manslaughter

It’s a tragedy when a DWI results in the death of another person. You could be suffering from survivor’s guilt and now you might face felony charges. Intoxication manslaughter is a second-degree felony, which can lead to:

  • A possible fine of up to $10,000; and
  • Minimum of two years and a maximum of 20 years in prison

Your penalties could be enhanced to a first-degree felony if the victim was a firefighter, peace officer, judge or emergency services personnel. A first-degree felony may result in:

  • A possible fine of up to $10,000; and
  • Minimum of five years and a maximum of life in prison

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Additional Sentencing Conditions for Felony DWI

Driving while intoxicated (DWI) is a unique charge because it has a multitude of additional conditions for sentencing. If you’re convicted of a felony-level DWI, you should probably expect stiff fines and prison time. However, the judge might also court-order you to complete these conditions as a part of your sentencing. Some of these additional conditions include:

  • Up to 200 hours of community service;
  • Completion of a 12-hour DWI Education Course;
  • A license suspension for up to two years;
  • Installation of an ignition interlock device;
  • Possible alcohol and controlled substance evaluation;
  • Attend court-ordered treatment;
  • Participate at least once at a DWI Victim Impact Panel;
  • Monthly meetings with your community supervision officer;
  • Random drug and alcohol screenings;
  • Possible restitution to the victim;
  • Commit no other crimes during your community supervision; and
  • Annual fees of up to $2,000 for three years by the Department of Public Safety (DPS)

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Additional Resources

DWI Laws in Texas – Visit the official website of Texas Legislation to access their DWI statute. Find more information surrounding DWI charges, enhancements, penalties and other alcohol-related offenses in Texas. Texas Criminal Justice Process – Visit a document provided by the State Bar of Texas Criminal Justice Division which works as a citizen’s guide to the Texas criminal justice process. Access the document to learn more about possible sentencing, how trial works, appeals and more.


Lawyer for Felony DWI in Harris County, Texas

If you or someone you know has been charged with a felony-level DWI, it’s vital you contact an experienced criminal defense. The courts could order you to pay fines in the thousands and spend time in prison. Additionally, you’ll be labeled as a felon after release. Felons tend to struggle gaining employment or pursuing their educational goals.

Flood & Associates is a group of distinguished attorneys with a focus in DWI. We have an in-depth understanding of the complexities surrounding DWI law. Our attorneys can use our knowledge and resources to chart out a strong defense. Call us now at (713) 224-5529 for a case evaluation today. Flood & Associates accepts clients throughout the greater Harris County are including River Oaks, Pasadena, Bellaire and Houston.


This article was last updated on March 7th, 2019.

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Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
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CLIENT TESTIMONIALS

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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
A D
A D
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
Dylan
Dylan
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
texasdiamonds
texasdiamonds
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
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