In Fort Worth, DWI and related intoxication offenses can be charged as felonies based on prior convictions or specific aggravating circumstances. The consequences are more severe than a misdemeanor DWI, and you may face state prison time instead of county jail, bigger fines, and a permanent record that can't be expunged.
Felony intoxication-related charges can include repeat DWI, DWI with a child passenger, DWI in a school crossing zone, intoxication assault, and intoxication manslaughter. A DWI can also become a felony if you have two or more qualifying prior intoxication-related convictions.
Felony DWI Lawyer in Fort Worth, TX
A felony DWI charge raises the stakes considerably, but the State still has to prove both the underlying intoxication allegation and the facts that make the case a felony. You need an experienced defense attorney to challenge the case.
Michael & Associates Criminal Defense Attorneys help people facing felony DWI charges in Fort Worth, Tarrant County, and surrounding areas.
Our Fort Worth team is led by Zach Redington, who has over 20 years of experience defending DWI and other criminal cases in state and federal court. With his winning jury trial record and courtroom experience, he can help negotiate a resolution or prepare the case for trial.
Our DWI defense team in Fort Worth also includes Ryan Eady, a Board Certified specialist in Criminal Law and former First Assistant District Attorney and Chief Felony Prosecutor. His experience helps him explain how the State may use prior convictions, aggravating facts, and other evidence to support a felony DWI charge.
We prepare felony DWI cases with trial in mind. One of the first things we'll question is why the prosecution claims that your case qualifies as a felony. Then, our team will review all evidence and design the best defense strategy for your case.
Across our internal 2025 Tarrant County DWI data, including misdemeanor cases, 5% of resolved cases resulted in jail or prison.
According to that data, we have a 63.6% win rate in DWI jury trials, including acquittals and directed verdicts in repeat and enhanced DWI cases.
How Texas Defines Driving While Intoxicated
Texas Penal Code § 49.04 defines DWI as operating a motor vehicle in a public place while intoxicated.
Under Texas Penal Code § 49.01, intoxicated can mean having a BAC of at least 0.08 or not having the normal use of mental or physical faculties because of alcohol, drugs, medication, another substance, or a combination of substances.
So you can still be accused of DWI in Texas even when the allegation does not involve alcohol. The State won't necessarily need to allege a BAC of 0.08 or higher if prosecutors claim you lost the normal use of mental or physical faculties. They may also base the charge on prescription medication, an illegal drug, or a combination.
When Does a DWI Become a Felony in Fort Worth?
A DWI or intoxication-related offense can be charged as a felony based on qualifying prior intoxication-related convictions or specific aggravating circumstances.
|
Charge (Offense Level) |
Key Element the State Must Prove |
|
Repeat felony DWI (Third-degree felony) |
A current DWI plus either one prior intoxication-manslaughter conviction or two other qualifying intoxication-related convictions |
|
DWI with a child passenger (State jail felony) |
DWI while the vehicle had a passenger younger than 15 |
|
DWI in a school crossing zone (State jail felony) |
DWI in the zone while the reduced speed limit applied |
|
Intoxication assault (Third-degree felony) |
The person's intoxication caused serious bodily injury |
|
Intoxication manslaughter (Second-degree felony) |
The person's intoxication caused another person's death |
Note: The school-zone felony applies only to offenses committed on or after September 1, 2025.
Does a BAC of 0.15 Make DWI a Felony in Fort Worth?
No, a BAC of 0.15 or higher alone will not make DWI a felony in Fort Worth.
If the State proves a BAC of at least 0.15 at the time of analysis, a standard DWI can elevate from a Class B misdemeanor to a Class A misdemeanor. The case will not become a felony unless it involves an aggravating factor such as a child passenger, serious bodily injury, or death.
Possible Penalties for Felony DWI in Fort Worth
The possible punishment for a felony DWI case depends on the charge level:
- State jail felony: 180 days to 2 years in state jail, criminal fine of up to $10,000
- Third-degree felony: 2 to 10 years in prison, criminal fine of up to $10,000
- Second-degree felony: 2 to 20 years in prison, criminal fine of up to $10,000
- First-degree felony: 5 to 99 years or life in prison, criminal fine of up to $10,000
After a final conviction for an intoxicated driving offense, there may also be a separate state traffic fine. Unless the court waives it after finding that the defendant is indigent, the fine is generally:
- $3,000 for a first conviction within 36 months
- $4,500 for a second or later conviction within 36 months
- $6,000 when an analysis showed a BAC of at least 0.15 at the time of analysis
Other Consequences of Felony DWI in Tarrant County
A felony DWI case may also have other consequences, such as:
- Administrative License Revocation (ALR) case
- Alcohol monitoring
- Court-ordered DWI education
- Community service
- Ignition interlock device (IID) requirement
- Random drug and alcohol testing
- Treatment
- Travel restrictions
- Higher insurance costs
- Permanent felony criminal record
The ALR or driver's license case is handled by the Texas Department of Public Safety (DPS) and is separate from the criminal case. Even if the DWI criminal case ended in a dismissal, reduction, or plea agreement, the ALR case may still continue.
How Often Do Felony DWI Cases Result in Probation in Tarrant County?
According to our internal records of closed Tarrant County felony DWI cases, all of which involved DWI 3rd charges:
- 90.9% resulted in straight probation
- 9.1% resulted in jail or prison
These figures describe our closed DWI 3rd cases and should not be interpreted as expected outcomes for intoxication assault, intoxication manslaughter, or other felony intoxication offenses.
Helpful Fort Worth DWI Resources
- Administrative License Revocation Program: Texas DPS explains the separate administrative process that may suspend driving privileges after a breath or blood-test failure or refusal.
- Court-Ordered Education Course Search: TDLR provides a searchable directory for approved DWI Education, DWI Intervention, and other court-ordered education programs. Before enrolling in a class, confirm whether the provider and course satisfy the specific court or supervision order.
- Tarrant County Felony Courts: The county's felony court directory lists the criminal district courts, court locations, contact information, and docket resources.
Note: Most Tarrant County felony criminal courts are located at the Tim Curry Criminal Justice Center, 401 W. Belknap St., Fort Worth.
Consult a Fort Worth Felony DWI Lawyer
A felony DWI case is far from simple. It involves more evidence and paperwork than a regular misdemeanor DWI. The consequences are also more serious, and a simple mistake can mess up your case. Get legal advice from a reliable and experienced DWI defense attorney.
If you or a family member is facing a felony DWI charge in Fort Worth or Tarrant County, call Michael & Associates for a free and confidential case evaluation today.
We'll check and verify the prior convictions used for felony enhancement. Additionally, our ACS-CHAL Lawyer-Scientists, with advanced training in blood, breath, and other forensic evidence, can help review the blood or breath testing procedures, laboratory records, and other factors that may weaken the State's evidence against you.
