
Austin Felony DWI Lawyer
Is DWI a Felony in Texas?
Driving While Intoxicated (DWI) is a serious offense in Texas. While a first- and second-time DWI is typically a misdemeanor, there are many cases in which you can face a felony DWI, even if it’s your first DWI. When this occurs, felony DWI charges can lead to severe life-altering consequences such as imprisonment, costly fines, and mandatory community service. If you are facing felony DWI charges in or around Austin, it is strongly advised that you take immediate action to defend your rights and protect your future by hiring a knowledgeable Austin felony DWI attorney.
At Smith & Vinson Law Firm, our Austin felony DWI lawyers understand the complexities of Texas DWI laws and know which legal methods work best when building an ironclad defense. Our team includes a former prosecutor with a thorough grip on how the state will work against you in search of a conviction and can use that insight to fight back. From the start of your case until its conclusion, we will be with you every step of the way, from discussing your situation after an arrest to dealing with your administrative hearing and court appearances.
Arrested? Call us at (512) 359-3743 or contact us online to schedule a free case evaluation with an Austin felony DWI lawyer.



Factors That Elevate DWI Charges to a Felony in Texas
In Texas, certain aggravating circumstances can escalate a DWI charge to a felony, significantly increasing the severity of the penalties. Understanding these circumstances is crucial, as felony DWI charges come with severe consequences, including extended prison sentences, hefty fines, and prolonged license suspensions.
Third & Fourth DWI (Third-Degree Felony)
The most common type of felony DWI in Texas is a third DWI offense. Under current state law, if you have two prior DWI convictions, a third offense will be charged as a felony. Previously, a third DWI could be charged as a Class B misdemeanor and treated as a first offense if at least 10 years had passed since the last DWI. However, this is no longer the case. Today, any prior DWI convictions can be used to enhance a new charge, leading to more severe penalties.
Potential penalties for a third DWI:

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Motion to Suppress Granted During Trial DWI .11 Blood Warrant
This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.
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Case Dismissed DWI
Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.
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Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Motion to Suppress Granted; Case Dismissed DWI 2nd .209
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.
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Case Dismissed DWI
Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.
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Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
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Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.
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Not Guilty DWI .24 Blood Warrant
Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
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Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
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NOT GUILTY DWI
911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.
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Case Dismissed DWI
Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.
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Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
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Case Dismissed DWI
Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.
Texas Felony DWI FAQ
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A misdemeanor DWI typically involves first or second offenses without aggravating factors. In contrast, a felony DWI involves more severe circumstances such as third offenses or DWI with a child passenger.
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Depending on the specifics of your case and the strength of the evidence against you, it may be possible to negotiate a reduction of your felony DWI charge to a misdemeanor. An experienced attorney can explore this option on your behalf.
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Remain calm and exercise your right to remain silent. Do not provide any statements to law enforcement without an attorney present. Contact Smith & Vinson Law Firm as soon as possible to discuss your case.
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A felony DWI can have long-lasting effects, including difficulty finding employment, securing housing, and losing certain civil rights, such as the right to vote or possess firearms. It can also lead to strained personal relationships.
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Yes, with the help of an experienced Austin DWI attorney, you can challenge the charges. Defense strategies may include questioning the legality of the traffic stop, the accuracy of the evidence, and the conduct of law enforcement.
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You have 15 days from the date of your arrest to request an ALR hearing to contest the suspension of your driver's license. Failing to request a hearing within this period results in an automatic suspension.



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“Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”- Taylor T.
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“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”- Thomas A.
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“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”- Keira C.
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“I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”- Iayni M.
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“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”- Didi C.
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“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”- Destiny E.
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“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”- Kayla S.
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“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”- Cielo J. R.
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“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”- Lyndsey O.


Why You Need Smith & Vinson Law Firm
DWI charges can do more than just put you in jail. They can disrupt your professional life, cost you a fortune in fines, seriously harm your personal relationships, and haunt you long into the future. Our firm understands what is at stake and can work toward a favorable outcome in your case, such as getting charges dropped or minimized or a sentence reduced. With our thorough understanding of DWI law and a drive to provide outstanding legal service, your case will be in fighting hands. Our Austin felony DWI attorneys represent clients throughout Travis County, Williamson County, and Hays County, including Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.
Contact us online or at (512) 359-3743 today to speak with a Austin felony DWI lawyer.

