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Houston Felony DWI Lawyer
by Brian LaVine / Last Updated: September 6, 2025
Houston Felony DWI Lawyer

A felony DWI charge in Houston, Texas, is serious and can have long-lasting consequences. If convicted, you may face significant prison sentences, steep fines, and mandatory alcohol treatment. A felony DWI can also impact your employment opportunities and affect your relationships and reputation.

If you're facing a felony DWI charge, it's crucial to work with a skilled Houston DWI Felony lawyer who understands Texas DWI laws. At LaVine Law Firm, we specialize in defending clients against felony DWI charges and aim to achieve the best possible outcome for each case.

Our Houston Felony DWI Lawyer Fights for Your Rights

Our Houston Felony DWI Lawyer Fights for Your Rights

At LaVine Law Firm, our Houston felony DWI lawyer is dedicated to protecting your legal rights throughout the entire legal process. We understand the importance of building a strong defense, especially when the stakes are high in a felony DWI case. Our team is dedicated to achieving the best possible results, leveraging years of experience to guide you through every step of your case.

We begin by carefully reviewing all the details of your case. We look for weaknesses in the evidence, such as faulty breathalyzer tests, improper traffic stops, or any other issues that could help challenge the DWI charges. LaVine Law Firm develops a defense strategy tailored to your specific situation, whether we are challenging the probable cause affidavit or addressing procedural issues related to the arrest. Our goal is to protect your rights and secure the best possible outcome for your felony DWI case.

Understanding the Severity of a Felony DWI Charge

A DWI charge can escalate to a felony depending on various factors. The consequences of a felony DWI in Houston are severe. They can lead to long-term penalties such as lengthy prison sentences, substantial fines, and permanent damage to your criminal record. If you’re facing such charges, it is critical to have an experienced Houston DWI lawyer on your side to help you understand your options and navigate the legal complexities of a DWI arrest.

How a Felony DWI Charge Differs from a Misdemeanor

In Texas, DWI offenses are typically classified as misdemeanors, but they can become felonies under certain conditions. For example, prior DWI convictions, a high BAC (blood alcohol concentration), or a drunk driving arrest involving an accident that results in injury or death can lead to felony charges. Felony DWI charges carry more serious consequences. It includes longer license suspension periods, restricted driving privileges, and harsher criminal penalties, compared to misdemeanor DWI offenses.

What Constitutes a Felony DWI Charge in Houston?

In Houston, a DWI charge can become a felony under certain conditions. Texas law states that if a person has prior DWI convictions, is found to have a BAC over the legal limit, or causes an accident involving injury or death, they could face felony charges. A felony DWI carries much harsher penalties than a misdemeanor and may include long-term driver's license suspension, mandatory alcohol treatment, and even prison time.

Prior DWI Convictions Leading to Felony Charges

If you’ve been charged with a DWI before, your prior criminal history can lead to felony DWI charges. Texas has a “three strikes” rule, meaning that if you are convicted of DWI three times, you face a felony DWI charge for a third offense. Each prior DWI conviction increases the severity of the penalties and can lead to a longer prison sentence, license revocation, and mandatory sex offender treatment if applicable.

DWI with a BAC Over the Legal Limit

Having a blood alcohol concentration significantly above the legal limit of 0.08% can increase the severity of a DWI offense. A high BAC can lead to felony charges in Texas, particularly if the person commits a drunk driving offense that results in injury or other aggravating circumstances.

The Texas Department of Public Safety takes these charges very seriously, and the penalties for felony DWI can include long prison sentences, fines, and the permanent loss of driving privileges.

Felony DWI and Accidents Involving Injury or Death

If you are involved in an accident while driving while intoxicated and it causes injury or death, the consequences can be severe. In these cases, the Texas criminal defense system will charge you with felony DWI. The penalties for a felony DWI involving intoxication manslaughter or intoxication assault are severe and can result in long-term imprisonment and significant fines. Additionally, a suspended driver's license and sex offender registration requirements might apply, depending on the specifics of the case.

An experienced DWI lawyer at LaVine Law Firm can help protect your rights after a drunk driving arrest in Houston. We understand the seriousness of DWI charges and are committed to providing an aggressive defense against DWI charges. If you’re facing felony charges, it’s crucial to have DWI attorneys who know how to build a strong defense for you. We offer a complimentary consultation to discuss your case and determine the best course of action to move forward.

Consequences of a Felony DWI Conviction in Texas

Consequences of a Felony DWI Conviction in Texas

A felony DWI conviction in Texas can have serious consequences. In addition to the immediate penalties, the long-term effects can impact your personal and professional life. If you’re convicted of a felony DWI in Houston, you could face long prison sentences, heavy fines, and loss of driving privileges.

Additionally, you may be required to participate in alcohol education programs or undergo alcohol treatment. It's important to have a skilled DWI defense lawyer to help reduce these consequences and protect your future.

Prison Time and Fines for Felony DWI Convictions

Felony DWI convictions in Texas carry significant penalties. If you are convicted, you could face:

  • Prison sentences of up to life imprisonment in severe cases, especially if the charge involves intoxication manslaughter or intoxication assault.
  • Hefty fines, ranging from several thousand dollars to over $10,000.
  • Alcohol education programs or mandatory alcohol treatment as part of your sentence.
  • Additional penalties if there was a car accident involving injury or death.

These penalties can have a serious financial and emotional impact, and it’s important to work with an experienced Houston DWI attorney to help defend your case.

Driver’s License Suspension and Restrictions

One of the most immediate consequences of a felony DWI conviction is the suspension of your Texas driver's license. This can last for years and significantly impact your ability to commute to work, attend school, or run daily errands. In some cases, the court may impose additional driving restrictions, such as requiring you to install an ignition interlock device.

Additionally, administrative license revocation (ALR) hearings may determine if your driving privileges will be completely revoked or just suspended. If you're facing a first-time DWI offense, there may be some options for pretrial diversion or deferred adjudication. Still, these programs often require strict compliance and are not available in every case.

Long-Term Social and Professional Consequences

The consequences of a felony DWI conviction extend beyond prison sentences and fines. Social stigma can follow you for years, making it difficult to maintain relationships and social connections. Professionally, a criminal record can create barriers to employment opportunities.

Many employers perform background checks, and a felony conviction can disqualify you from jobs that require driving or involve working with children. The Texas criminal law system also considers the potential for re-offending when sentencing, which can further affect your ability to rebuild your life after conviction.

Having a DWI defense lawyer can help protect your criminal record and ensure you get a fair trial. Working with an experienced criminal defense lawyer increases the chances of having your case dismissed or negotiating a more favorable outcome. LaVine Law Firm offers free consultations to help evaluate your Houston DWI case and understand your options.

Possible Defenses for Felony DWI Charges in Houston

Possible Defenses for Felony DWI Charges in Houston

Facing a felony DWI charge in Houston can be overwhelming. However, there are several defenses that an experienced DWI defense attorney can use to challenge the charges. Having the best DWI lawyer on your side is critical to ensuring that your criminal offense is properly handled. A skilled defense lawyer will fight aggressively to protect your rights and work toward the best possible outcome for your DWI case.

Challenging the Accuracy of BAC Testing

One of the most common defenses in a DWI in Texas case involves challenging the blood or breath test results. If the blood test or breath test was improperly administered, the evidence could be deemed unreliable. Issues like equipment malfunction, improper calibration, or failure to follow the Texas implied consent law can be used to argue that the BAC results are inaccurate. An experienced defense attorney can also challenge the qualifications of the officer administering the test, weakening the prosecution’s case.

Unlawful Traffic Stops and Searches

A DUI defense lawyer may also challenge the traffic stop itself if it was unlawful. Under the Texas criminal law system, police officers require probable cause to stop and detain someone. If the stop was made without legal justification, it could lead to the dismissal of the criminal case. If the traffic stop or subsequent search was unlawful, any evidence gathered during the stop could be excluded from the trial, making it more difficult for the prosecution to prove their case.

Lack of Probable Cause for Arrest

Another strong defense is showing that there was a lack of probable cause for the arrest. If an officer does not have sufficient reason to believe that a criminal offense has occurred, the DWI arrest may be invalid. The court system may decide to dismiss the case if the arrest did not meet the legal standards required for probable cause. In cases where there is no evidence of mental or physical impairment, the charges may be dropped or significantly reduced.

How LaVine Law Firm Can Help with Your Felony DWI Case

If you are facing a felony DWI case in Harris County, having the right legal representation is crucial. LaVine Law Firm has years of experience in defending clients against DWI charges, and we offer aggressive legal defense strategies tailored to your unique situation. Our goal is to provide personalized attention, guide you through the court date, and fight for the best possible outcome, whether it's a case dismissal or a reduced sentence.

Experienced Representation in Houston’s Legal System

At LaVine Law Firm, we possess an in-depth understanding of Houston’s legal system and its approach to handling drunk driving cases. We are familiar with the procedures, court processes, and local regulations, enabling us to represent clients effectively facing felony DWI charges.

Our team works closely with you to develop a defense strategy that takes into account all factors of your case, from mental or physical faculties impairment to the specifics of your DUI case. We build strong cases that give our clients the best chance at success.

Fighting for Reduced Sentences and Alternatives to Jail

The LaVine Law Firm is committed to advocating for reduced sentences and exploring alternatives to incarceration. For those who may face jail time, we explore options like probation, pretrial diversion, or other favorable alternatives. Our defense attorneys work with prosecutors to negotiate the best possible outcome for you.

Whether it’s reducing your DWI charges or obtaining a sentence that avoids jail, we work diligently to achieve the best possible result for you. Let us aggressively defend your case and protect your future from the consequences of a felony DWI conviction.

FAQs

What are the penalties for a felony DWI in Texas?

Penalties for a felony DWI in Texas can include long prison sentences, substantial fines, mandatory alcohol education programs, and driver’s license suspension. A conviction could also lead to a criminal record and potential difficulties in securing employment.

Can I get my felony DWI charge reduced?

Yes, depending on your case, a skilled DWI defense attorney may be able to negotiate for a reduced charge or sentence through plea bargaining or other legal avenues. The outcome often depends on the evidence and circumstances surrounding the DWI offense.

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

A felony DWI conviction remains on your record permanently. However, there may be options for expungement or record sealing under certain conditions. This can only be done through a court order and requires fulfilling specific eligibility criteria.

Can a felony DWI conviction be appealed in Texas?

Yes, you can appeal a felony DWI conviction in Texas. The court system allows for appeals if there are grounds, such as procedural errors or improper handling of evidence during the trial. An experienced criminal defense lawyer can help determine if your case is eligible for appeal.

What happens if I refuse a BAC test in Texas?

Refusing a BAC test in Texas will likely result in the automatic suspension of your license under the State's implied consent law. While it might not lead to a conviction, it can be used as evidence against you in court.

Can I get my driver’s license back after being convicted of a felony DWI?

It may be possible to regain driving privileges after a felony DWI conviction in Texas. Options like a hardship license or appealing the suspension in an ALR hearing may be available, depending on the specifics of your case.

Contact Our Houston Felony DWI Lawyer for a Free Case Evaluation

Contact Our Houston Felony DWI Lawyer for a Free Case Evaluation

A felony DWI charge is serious and can have significant long-term effects on your life. That’s why it’s crucial to work with an experienced DWI defense lawyer to help protect your rights and fight for a fair resolution. At LaVine Law Firm, we offer a strong attorney-client relationship and will aggressively defend your case, exploring all legal options, including pretrial diversion or deferred adjudication.

Contact us today for a free consultation to discuss your felony DWI case, potential defenses, and your best legal options moving forward. We are here to help guide you through the criminal law system and work toward the best possible outcome for your future.

Take the first step in securing your future with experienced Houston DWI attorneys. Call now to schedule your court date consultation.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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