Felony DWI in Texas

Which prior convictions count?

Prior convictions for DWI, flying or boating while intoxicated, intoxication assault, intoxication manslaughter and similar offenses from other states can be used. There is no fixed "look-back" period for the felony enhancement under 49.09(b), so old priors can count. Whether a prior is valid and properly proven is often worth challenging.

What is the punishment?

A third-degree felony carries 2 to 10 years in prison and a fine up to $10,000 (Penal Code 12.34). Prior felony convictions can raise the range further.

What conditions come with bond?

For a second or later DWI, the magistrate must generally order an ignition interlock (Code of Criminal Procedure 17.441). Some courts also require alcohol monitoring.

Where are felony DWIs heard?

After a grand jury indictment, felony DWIs go to a district court. In Dallas County, the felony courts are at the Frank Crowley Courts Building.

Do out-of-state DWIs count?

Yes. A prior conviction under another state's law prohibiting operating a motor vehicle while intoxicated can count as a prior for Texas enhancement under Penal Code 49.09. The State must prove the prior conviction and that you are the same person, usually with certified records and identification evidence.

Does a prior deferred adjudication count?

For DWI offenses committed on or after September 1, 2019, a deferred adjudication for DWI counts as a conviction for enhancement purposes, even if it was completed (Penal Code 49.09(g)). Deferred adjudications for older offenses are treated differently.

Can the punishment go higher than 2 to 10 years?

Yes. If you also have a prior felony conviction, the range for a third-degree felony can be raised to that of a second-degree felony (2 to 20 years) under Penal Code 12.42(a), and two prior sequential felony convictions can raise the range to 25 to 99 years or life (12.42(d)). Prior DWI convictions used to make the case a felony are handled separately from these enhancements.

What is the Felony DWI Court in Dallas County?

Dallas County operates a Felony DWI Court for people charged with a third DWI, probated in the 363rd District Court, with intensive supervision and treatment. Prosecutors decide eligibility.

How are felony DWI cases defended?

• The priors: are the records complete, are they final convictions, and do they prove identity?
• The new arrest: every DWI defense applies, from the stop to the test results. See DWI defense.
• Punishment options: community supervision, specialty courts and treatment can be part of the outcome.

What conditions come with probation?

An ignition interlock is generally required as a condition of community supervision for a second or subsequent intoxication offense (Code of Criminal Procedure 42A.408), and alcohol monitoring and treatment are common.

Where are these cases heard outside Dallas?

We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What is the timeline of a felony DWI case?

1. Arrest and magistration within 48 hours, with bond conditions that usually include an ignition interlock (Code of Criminal Procedure 17.441).
2. ALR deadline: 15 days to request the license hearing.
3. Grand jury: the case is presented for indictment. An examining trial may be requested before indictment.
4. District court settings: discovery of the video, test results and records of the prior convictions.
5. Resolution: negotiation, specialty court, motions, or a jury trial with 12 jurors.

What should I gather for a felony DWI consultation?

• Paperwork from each prior DWI case, including the county and the outcome
• Bond paperwork and interlock records
• Any treatment or counseling records
• Employment and family information that matters to bond and sentencing

Can a felony DWI be enhanced again with other prior felonies?

Possibly. Penal Code 49.09(g) says a prior conviction can be used to enhance under 49.09 or under the repeat-offender rules in Penal Code chapter 12, subchapter D, but not under both. If the State uses two prior DWIs to make the case a third-degree felony and also proves a separate prior felony conviction, it may seek the second-degree range of 2 to 20 years under Penal Code 12.42(a). Which priors are pleaded, and for what purpose, is a key part of reviewing the indictment.

Is deferred adjudication available on a felony DWI?

No. Code of Criminal Procedure 42A.102 bars deferred adjudication for an offense whose punishment may be increased under Penal Code 49.09, and for DWI with a child passenger, intoxication assault and intoxication manslaughter. Regular community supervision may still be possible, and it comes with an ignition interlock requirement for a repeat offense (42A.408).

Can a DWI be a felony without any priors?

Yes, in a few situations: DWI with a passenger younger than 15 is a state jail felony (Penal Code 49.045), and causing serious bodily injury or death leads to intoxication assault or intoxication manslaughter. Since September 1, 2025, DWI committed in a school crossing zone while the reduced school speed limit applies is also a state jail felony (Penal Code 49.04(e), added by SB 826).

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026