Can I lose my license after a felony DWI in Texas?

Yes. A driver can face license trouble through the separate ALR case, and some DWI-related convictions can also trigger conviction-based suspension rules.

Can felony DWI charges be reduced?

Sometimes, but it depends on the facts, the evidence, the prior record, and how the case was charged. Some DWI cases resolve before trial through plea bargaining or another negotiated outcome, but no reduction is automatic.

Is jail time mandatory for a felony DWI in Texas?

Not always, but felony DWI charges carry real prison or state-jail exposure. Whether a person can avoid confinement depends on the exact offense, the facts, and the community-supervision rules that apply to that charge.

Can you get probation for a felony DWI in Texas?

Sometimes, but not every felony DWI-type offense is treated the same. DWI probation rules depend on the charge, and some intoxication felonies have stricter community-supervision limits than others.

Austin Felony DWI Defense Lawyer

A felony DWI in Austin means a drunk driving charge that carries possible jail or prison time, license consequences, and a possible long-term criminal record under Texas law. In most cases, this happens after prior DWI convictions or when the incident involves injury, death, or a child passenger.

Felony DWI Lawyer in Austin, TX

A felony DWI charge can put your freedom, license, and record at risk. Michael & Associates can help you understand your options by reviewing the stop, testing, prior-conviction allegations, and court process.

Our DWI lawyers can also help with related issues, including ALR hearings, occupational driver's licenses, and bond conditions. To find weaknesses in the State's case, we'll also examine police reports, body-camera footage, standardized field sobriety tests, and breath or blood test results.

If you're facing felony DWI charges in Austin, Travis County, or the surrounding areas, take the first step in creating your defense strategy. Call Michael & Associates today at (512) 729-8647 for your free consultation.

What are the Drinking and Driving Laws in Austin?

Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated.

Texas law defines intoxication under § 49.01 as:

Loss of normal mental or physical faculties due to alcohol, drugs, or other substances, or
A blood alcohol concentration (BAC) of 0.08 or higher

For a first DWI or second DWI, it's usually charged as a misdemeanor. However, Texas Penal Code § 49.09 and related statutes allow certain cases to be charged as felonies.

When Does a DWI Become a Felony in Austin?

Not every DWI offense is a felony. But if a DWI charge meets specific legal triggers under Chapter 49 of the Texas Penal Code, it can be charged as a felony in Austin.

Here are the DWI offenses that are charged as a felony in Austin:

Third or subsequent DWI (Repeat offense)

Charged under § 49.09
Based on prior DWI or other qualifying intoxication convictions
Usually charged as a third-degree felony when the State alleges two qualifying prior intoxication convictions

DWI With a Child Passenger

Covered by § 49.045
Applies if a passenger is under 15
Charged as a state jail felony, even without a crash

Intoxication Assault (Serious injury)

Defined under § 49.07
Involves serious bodily injury caused by intoxication
Usually charged as a third-degree felony

Intoxication Manslaughter (Death)

Charged under § 49.08
Applies when intoxication causes death
Charged as a second-degree felony

These are some of the most serious criminal charges in Texas and require a defense strategy tailored to the specific allegation.

Note: Some of these charges are separate intoxication offenses under Texas law, but people often group them together as 'felony DWI'.

What Are the Penalties for Felony DWI in Austin?

The corresponding penalties for a felony DWI in Austin vary depending on the exact charge. But they usually include prison time, fines, supervision, and long-term restrictions.

DWI Charge	Felony	Jail/Prison Time	Fine
3rd+ DWI	Third-degree felony	2 to 10 years	Up to $10,000
DWI w/ child passenger	State jail felony	180 days to 2 years	Up to $10,000
Intoxication assault	Third-degree felony	2 to 10 years	Up to $10,000
Intoxication manslaughter	Second-degree felony	2 to 20 years	Up to $10,000

Additional consequences:

Driver's license suspension (ALR and conviction-based)
Ignition interlock device requirements
Probation or community supervision conditions
SR-22 insurance requirements
Court costs, treatment programs, and monitoring fees

How Does a Felony DWI Case Usually Move Through the Austin Court System?

In Austin, a felony DWI typically moves through the following steps:

Arrest and booking: Bond is set, often with strict conditions
Administrative License Revocation (ALR): It's the separate DPS license case after a DWI arrest, where you generally have 15 days from notice/arrest to request a hearing. Missing this deadline can cause an automatic suspension.
District court process: Felony DWI cases are handled in Travis County district courts
Evidence review and motions: Defense reviews reports, videos, and test results
Resolution or trial: The case may resolve through negotiation or proceed to trial

Real World Felony DWI Case Outcome

Charge: DWI - Third Offense

Location: Travis County, 450th District Court

The case: Police stopped our client late at night for alleged lane drifting and minor speeding, then arrested him for a 3rd+ DWI. He did roadside tests in flip-flops, refused a breath test, and later had blood drawn after police got a warrant. Our review of the video and reports found problems with the reason for the stop and how the tests were given. We also pointed out possible issues with the warrant and the use of an alcohol swab. We showed that the prior cases were decades old and that the client was getting treatment. The state reduced the case.

Result: Charges reduced

Note: Every case is different, and past results do not guarantee future outcomes.

Helpful DWI Resources

SoberRides: A TxDOT safety campaign helping both drivers and families understand the dangers and costs of drunk driving, find sober ride options, and make safer choices.
Texas DPS ALR Hearing Request Form: Use this online form to request a hearing if DPS is trying to suspend your license after a DWI arrest.
Texas DPS Occupational Driver License: If your license is suspended, this page explains when you may be able to apply for an occupational license so you can drive for essential needs like work, school, or household duties. DPS also explains that this is a restricted license for non-commercial driving and that reinstatement steps and fees may still apply.
TDLR DWI Education and Intervention Course Search: If a court orders DWI classes or an intervention program, this page helps you find state-approved providers in Texas.

Talk to an Austin Felony DWI Lawyer

Don't let a felony DWI charge jeopardize your freedom and future. If you or someone you know is charged with felony DWI in Austin, Travis County, or surrounding areas, call Michael & Associates right away.

We can help negotiate with prosecutors, challenge questionable evidence, and prepare cases for trial. Our job is to protect your rights, explain your options, and work toward the best possible result based on the facts and the law.

Last reviewed for legal accuracy in April 2026 by Michael & Associates attorneys in Travis County.

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