Dallas Felony DWI Attorney

Charged with a Felony DWI in Dallas, TX?

If you or a loved one is facing felony DWI charges in Dallas, your future and freedom are on the line. At Law Office of Patrick J. McLain, PLLC, our experienced legal team understands the gravity of a felony DWI arrest in Texas and is committed to providing aggressive, strategic defense to protect your rights and mitigate the consequences.

As a trusted Dallas felony DWI lawyer, we work diligently to fight your charges and guide you through the complex legal system. A felony DWI conviction can lead to lengthy prison time, steep fines, and long-term damage to your personal and professional life. Don’t face these charges alone—let our team fight for the best possible outcome.

Call (214) 238-9392 or fill out our online contact form today to schedule a confidential consultation with our Dallas felony DWI attorneys.

Common Types of Felony DWI in Texas

In Texas, most first and second DWI offenses are charged as misdemeanors. However, certain circumstances escalate a DWI to a felony offense, which comes with far more severe legal consequences.

Law Office of Patrick J. McLain, PLLC has experience defending clients against a wide range of felony DWI charges, including:

Third or Subsequent DWI

Under Texas Penal Code §49.09(b), a third DWI offense is automatically charged as a third-degree felony. The penalties increase with each conviction and may include extended prison time and a permanent felony record.

DWI with Child Passenger

If you are arrested for DWI while transporting a passenger under the age of 15, the offense is elevated to a state jail felony, even if it's your first DWI. This can result in jail time, loss of parental rights, and social services investigations.

Intoxication Assault

If an accident occurs while you're intoxicated and another person suffers serious bodily injury, you may be charged with Intoxication Assault, a third-degree felony. This charge applies even if the injury was unintentional.

Intoxication Manslaughter

The most severe type of felony DWI, Intoxication Manslaughter, occurs when a person dies as a result of an intoxicated driver’s actions. It is charged as a second-degree felony, but aggravating factors can lead to first-degree felony charges.

Penalties for Felony DWI

Felony DWI convictions in Texas carry life-altering penalties. The severity of your punishment will depend on the nature of the offense and your criminal history. Here's a breakdown of the potential penalties:

Third-Degree Felony DWI

• Prison time: 2 to 10 years in the Texas Department of Criminal Justice (TDCJ)
• Fines: Up to $10,000
• License suspension: 180 days to 2 years
• Mandatory ignition interlock device
• Felony criminal record

State Jail Felony (e.g., DWI with Child Passenger)

• Jail time: 180 days to 2 years in a state jail facility
• Fines: Up to $10,000
• Additional child endangerment consequences

Second-Degree Felony (Intoxication Manslaughter)

• Prison time: 2 to 20 years
• Fines: Up to $10,000
• Permanent loss of driver’s license
• Mandatory alcohol education and rehabilitation programs

Felony DWI FAQs

Can a felony DWI be reduced to a misdemeanor in Texas?

Yes, under certain circumstances. If evidence is weak or your rights were violated during the arrest, it may be possible to negotiate a reduction to a misdemeanor DWI. A strong legal defense is essential.

Is probation available for felony DWI in Texas?

Probation may be available for some felony DWI offenses, particularly if it is a third offense without aggravating factors. However, offenses like Intoxication Manslaughter are less likely to be eligible. Your lawyer can help you explore all sentencing options.

How long does a felony DWI stay on my record in Texas?

A felony DWI conviction remains on your record permanently and can affect employment, housing, and more. Texas does not allow expungement of felony DWI convictions, though some may be eligible for non-disclosure under specific conditions.

Can I lose my professional license because of a felony DWI?

Yes. Many state licensing boards in Texas—including those for teachers, nurses, and other professionals—may revoke or suspend a license following a felony conviction. Prompt legal action is essential to protect your livelihood.

How Law Office of Patrick J. McLain, PLLC Can Help

At Law Office of Patrick J. McLain, PLLC, we take an aggressive approach to felony DWI defense. Every case is different, and we carefully analyze all factors involved in your arrest:

• Was the traffic stop legal?
• Were field sobriety tests administered properly?
• Was there a valid reason to conduct a blood or breath test?
• Are there medical or health conditions that affected your BAC reading?

Our team builds a personalized defense strategy, negotiates with prosecutors, and fights to get charges reduced or dismissed whenever possible. We also work to protect your driver’s license and explore alternatives to incarceration, such as rehabilitation programs or probation.

Contact us today at (214) 238-9392 to get started on your defense.