Aggravated DWI Defensein Houston, Texas.
Intoxication assault. Intoxication manslaughter. DWI with a child passenger. Felony DWI. Aggravated DWI charges carry felony consequences. Defended by a former Houston police officer with hands-on gas chromatography training.
Four ways a DWI becomes a felony in Texas.
Aggravating factors transform a misdemeanor DWI into a felony charge carrying years in prison, loss of firearm rights, and a permanent record.
DWI with Child Passenger
State Jail FelonyOperating a motor vehicle in a public place while intoxicated with a passenger younger than 15 years of age is a state jail felony in Texas. Penalties include 180 days to 2 years in a state jail facility, a fine of up to $10,000, and a mandatory license suspension. There is no probation eligibility for state jail felonies under this statute without a plea negotiation. This charge applies even on a first DWI offense.
Intoxication Assault
3rd-Degree FelonyCausing serious bodily injury to another person by reason of intoxication while operating a motor vehicle is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The charge is enhanced to a second-degree felony (2 to 20 years) if the victim is a peace officer, firefighter, or emergency medical services personnel acting in the lawful discharge of an official duty.
Intoxication Manslaughter
2nd-Degree FelonyCausing the death of another person by reason of intoxication while operating a motor vehicle is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Mandatory community supervision conditions apply on probation, and the conviction triggers permanent loss of firearm rights under federal law.
Felony DWI (Third Offense or More)
3rd-Degree FelonyA third or subsequent DWI conviction is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Prior DWI convictions from any state count toward enhancement. The State must prove the prior convictions through certified judgments and link the defendant to those judgments through fingerprint or other identification evidence.
Felony consequences reach further than jail time.
Aggravated DWI convictions affect every part of your life. Some of the worst consequences are not the ones you immediately think of.
Prison Time
State jail facility for DWI with child. State penitentiary for intoxication assault, manslaughter, and felony DWI. Sentences range from 180 days to 20 years.
Permanent Record
Felony convictions are not eligible for expunction. The conviction follows you through every background check, employment application, and housing inquiry for life.
Firearm Rights
Federal law (18 U.S.C. § 922(g)) bars felons from possessing firearms or ammunition. A felony DWI conviction permanently strips Second Amendment rights.
Driver’s License
Mandatory license suspensions of 180 days to 2 years, plus the $3,000–$6,000 state traffic fine at conviction (Tex. Code Crim. Proc. art. 102.020) and ignition interlock requirements upon any license restoration.
Professional Licenses
Nurses, teachers, CDL holders, attorneys, real estate agents, and other licensed professionals face mandatory reporting and potential license revocation upon felony conviction.
Immigration Status
For non-citizens, intoxication assault and manslaughter are crimes that can trigger removal proceedings, denial of naturalization, and inadmissibility under federal immigration law.
The State’s case rests on procedure. We attack the procedure.
Aggravated DWI cases are won and lost on technical details: the lawfulness of the stop, the reliability of the field sobriety scoring, the integrity of the blood draw chain of custody, the calibration of the gas chromatograph that produced the BAC result, and the credibility of the officers who handled every step. Kenneth attacks each of those layers using the same training the State used to build the case.
- Constitutional challenges to the stop: Fourth Amendment analysis of reasonable suspicion, traffic violations claimed by the arresting officer, and pretextual stops.
- Field sobriety test scoring: SFST training requires specific environmental conditions and procedures. Deviations affect admissibility.
- Breath test scrutiny: Intoxilyzer maintenance records, operator certifications, and observation period compliance.
- Blood test attacks: Chain of custody, search warrant validity under Missouri v. McNeely, lab accreditation, and gas chromatography calibration logs analyzed using hands-on training.
- Prior conviction challenges: For felony DWI enhancement under § 49.09(b), the State must prove prior convictions through admissible evidence linking the defendant.
- Causation defense: For intoxication assault and manslaughter, the State must prove the intoxication caused the injury or death, not merely correlated with it.
Charged with aggravated DWI? Call now.
Felony DWI charges move fast. Bond conditions, ALR deadlines, and prosecutor case-building all happen in the first weeks. The earlier you have a defense lawyer involved, the more options remain on the table.