Driving while intoxicated (DWI) is always a serious offense, but the stakes rise dramatically when someone has a prior conviction. In Texas, prior offenses can turn what might have been a misdemeanor DWI into a felony, leading to far more severe penalties. Suppose you’re facing DWI charges and have a history of similar offenses. In that case, it’s critical to work with a criminal defense attorney Austin who understands how to navigate these high-risk situations and protect your rights.

Understanding the Basics of DWI in Texas

In Texas, a first-time DWI offense is typically charged as a Class B misdemeanor. You may face fines, license suspension, community service, and even jail time. However, once you have previous DWI convictions on your record, the legal landscape changes — and not in your favor.

The Texas Penal Code is clear: repeat offenders are considered a greater danger to public safety. That means courts and prosecutors treat repeat DWIs with increased severity.

When Does a DWI Become a Felony?

A DWI can be elevated to a felony under several conditions. One of the most common is having two or more prior DWI convictions. Here’s a breakdown:

• Second offense: Typically charged as a Class A misdemeanor.
• Third offense: This is where things get serious — it becomes a third-degree felony.

A third-degree felony in Texas can lead to 2 to 10 years in prison and up to $10,000 in fines. And it doesn’t stop there. You may also face long-term driver’s license suspension, mandatory ignition interlock devices, and a permanent felony record that can follow you for life.

Timeframes Matter – But Not Always in Your Favor

One common misconception is that old DWI convictions “expire” after a certain number of years. That’s not always true. In Texas, prior DWI convictions don’t simply go away. Courts can look back at your entire criminal history to determine whether a new DWI should be charged as a felony.

So even if your last conviction was ten or fifteen years ago, it can still count against you.

Additional Factors That Can Elevate Charges

Prior convictions are just one factor. Here are other circumstances that can push a DWI from misdemeanor to felony territory:

• DWI with a child passenger: Automatically a state jail felony in Texas.
• Accident involving serious injury or death: This could lead to intoxication assault or intoxication manslaughter charges.
• Driving without a valid license due to prior DWIs: This could add extra legal complications and penalties.

These are serious charges with life-changing consequences. An experienced attorney can make all the difference in fighting or reducing the charges.

Collateral Damage of a Felony DWI Conviction

A felony DWI doesn’t just mean steeper fines and longer prison sentences. It affects nearly every aspect of your life:

• Employment: Most employers conduct background checks. A felony conviction can limit job opportunities.
• Housing: Felons may struggle to rent apartments or qualify for mortgages.
• Voting and firearm rights: You could lose your right to vote or own a gun.
• Child custody: A felony conviction might impact your parental rights in family court.

In short, the consequences go well beyond the courtroom.

Fighting Felony Charges Starts with the Right Defense

If you’re charged with a felony DWI, the first step is not to panic — it’s to get professional legal help. A skilled defense lawyer can examine the details of your arrest, challenge the validity of breath or blood tests, and explore whether your prior convictions were handled correctly.

Sometimes, procedural errors or weak evidence from earlier cases can make a difference in how current charges are handled.

In one notable example, The Texas Tribune has reported how inconsistencies in field sobriety tests or improperly maintained breathalyzer equipment have led to dismissals or reduced charges.

How Legal Representation Can Help Reduce Charges

Even if your prior convictions are valid and recent, you may still have options. A good defense attorney may be able to negotiate a plea to a lesser charge, such as reckless driving or obstruction of a passageway, depending on the evidence.

Some defendants may also qualify for treatment-based alternatives, especially if substance abuse is a key issue. Specialty courts, like Texas’s DWI courts, can provide structured rehabilitation instead of incarceration.

Remember: Prosecutors often take a more aggressive stance when they think a defendant is unrepresented or do not take the case seriously. Don’t give them that opportunity.

Know Your Rights and Be Proactive

Many people charged with DWI believe the case is open-and-shut. But DWI law is complex, and mistakes by law enforcement or labs happen more often than you’d think. For instance, according to NPR, improperly calibrated breathalyzers have led to the dismissal of thousands of DWI cases across the country.

It’s not just about whether you were drinking — it’s about whether the evidence can be proven in court beyond a reasonable doubt.

Final Thoughts

DWI charges are serious, but prior convictions can take them to the next level, transforming a misdemeanor into a life-altering felony. If you or someone you care about is facing felony DWI charges in Texas, don’t wait. A criminal defense attorney Austin drivers count on can help fight for your rights and protect your future.