How a DWI becomes a felony
Four common routes.
- Third or subsequent DWI. Third degree felony. Two to ten years in TDCJ and a fine up to $10,000.
- DWI with a child passenger under fifteen. State jail felony, 180 days to two years, and it can trigger a CPS referral.
- Intoxication assault. Third degree felony. More on intoxication assault.
- Intoxication manslaughter. Second degree felony. More on intoxication manslaughter.
Felony cases go to the grand jury before they reach a district court. In Orange County that means the 128th, 163rd, or 260th. In Montgomery County it is one of nine district courts. The grand jury stage is a real opportunity and a lot of lawyers treat it as a formality.
Where these cases are fought
Three fronts, usually in this order.
The priors. A third offense is only a felony if both priors are valid and properly pleaded. Old convictions, out of state convictions, and pleas taken without counsel all deserve scrutiny before anyone concedes the enhancement.
The stop and the warrant. Same analysis as any DWI, with higher stakes.
The science. Felony intoxication cases almost always involve blood. That is the work I trained for, and on a case with a two to ten year range it is worth doing properly rather than hiring an expert late and hoping.
Bond and the time before trial
Felony bonds come with conditions: interlock, supervision, sometimes SCRAM monitoring, and travel restrictions. Those conditions are negotiable and modifiable, and getting them right early matters, because a violation while your case is pending damages your position more than almost anything else you can do.