Felony DWI

Felony DWI Defense in San Antonio

Name: Marc LaHood Law
Address: 4014 McCullough Avenue,, San Antonio, TX, 78212
Telephone: (210) 714-2625

Facing Felony DWI Charges? Get Trial-Ready Representation in San Antonio

In Texas, driving while intoxicated (DWI) is typically a misdemeanor, but certain circumstances can elevate the charges to a felony. These circumstances include prior DWI convictions, a child passenger, or allegations that intoxicated driving caused serious injury or death. The consequences of a felony DWI are extremely serious and can threaten your freedom, your driving privileges, your employment, your finances, and even your family's stability.

Led by trial lawyer Marc LaHood, our firm defends people who have been arrested on suspicion of DWI. When it comes to felony charges, we carefully examine the facts. An early review from our team can help you understand your charges, upcoming deadlines, the circumstances of the stop and arrest, chemical testing, and any prior convictions the State intends to use.

Call (210) 714-2625 to discuss your San Antonio felony DWI charges and the next steps in your defense.

When a DWI Becomes a Felony in Texas

Texas Penal Code Chapter 49 establishes several felony intoxication offenses. The classification affects the possible punishment, court process, and legal issues that require review.

Common felony intoxication charges include:

Repeat-offense DWI: A DWI can become a third-degree felony when the State alleges two qualifying prior intoxication-related convictions. One prior intoxication manslaughter conviction or a substantially similar out-of-state conviction may also support felony treatment under Texas law.
DWI with a child passenger: Driving while intoxicated with a passenger younger than 15 is a state jail felony, even if the accused person has no prior DWI conviction.
Intoxication assault or manslaughter: Allegations that intoxicated operation caused serious bodily injury or death create separate felony offenses, rather than simply enhancing an ordinary DWI.

An older conviction doesn’t automatically qualify for enhancement. The governing statute, prior judgment, finality of the conviction, and elements of an out-of-state offense may all require close examination.

A Legal Legacy in San Antonio, Since 1967

The LaHood family has served San Antonio since 1967, representing clients in criminal defense and personal injury law. Attorney Marc LaHood brings experience from both sides of the bench to his legal practice and is known for direct communication, integrity, and determined advocacy.

We approach each case with trial readiness, rather than relying on cookie-cutter defenses to similar charges. That process starts with listening to your account of what happened, reviewing the available evidence, and giving you an honest assessment of your case and your options.

What to Do After a Felony DWI Arrest

The most important thing to remember after an arrest is that you have rights. This includes the right to remain silent, which you should utilize. Don’t discuss the case with investigators, prosecutors, insurers, employers, or others before receiving legal advice about your circumstances. You do not have to answer any questions or provide any details to law enforcement until you have a lawyer.

Your first step should be reaching out to a felony DWI defense attorney in San Antonio. We urge you to contact as soon as possible to set up a confidential consultation.

At this initial meeting, be prepared to provide:

The arrest date, alleged offense, and any scheduled court date
Information about prior DWI or intoxication-related cases
Details about any child passenger, crash, injury, or death allegation
Information about field sobriety testing and breath or blood testing
Documents concerning bond conditions, driving privileges, or court deadlines

Texas Felony DWI Penalties & Consequences

A third-degree felony conviction in Texas generally carries 2 to 10 years in prison and a fine of up to $10,000. A state jail felony generally carries 180 days to 2 years in a state jail facility and a fine of up to $10,000. Statutory exceptions, enhancements, criminal history, and the final disposition can affect the punishment in a particular case.

Intoxication assault and intoxication manslaughter have separate classifications and may involve additional sentencing issues based on the alleged harm and surrounding facts. A conviction or pending case can also affect driving privileges, ignition-interlock requirements, employment, insurance, professional licensing, finances, and family responsibilities. Specific driver’s-license consequences depend on testing, prior history, applicable deadlines, and the criminal case’s resolution.

Evidence & Legal Issues in a Felony DWI Case

The State must prove both the underlying intoxication offense and the facts supporting felony classification. The available evidence and charging theory determine which issues may be addressed through negotiation, pretrial litigation, or trial.

The Stop & Arrest

Relevant issues may include whether the officer had reasonable suspicion for the traffic stop and probable cause for the arrest. Officer observations, body-camera footage, dash-camera video, witness accounts, and field sobriety testing may affect that analysis.

Breath & Blood Testing

Our review may look at how a sample was requested, authorized, collected, stored, tested, and reported. When the State relies on a breath or blood result, the documented chain of custody from collection through testing also matters.

Prior Convictions & Enhancements

For a third-degree felony allegation, the State must establish that the prior offenses qualify under Texas law. This inquiry may involve the judgments, whether the convictions were final, the nature of any deferred disposition, and whether an out-of-state offense is substantially similar to a qualifying Texas offense.

Felony DWI Proceedings in Bexar County

Bexar County Criminal District Courts generally handle felony criminal cases arising in San Antonio. The proper court, deadlines, and available procedures depend on the charging document, case status, alleged offense, and the accused person’s criminal history.

Bexar County also operates a DWI Court treatment and supervision program for certain eligible people on probation for a subsequent offense. The county states that someone with a current or pending felony charge isn’t eligible, so a person facing an active felony allegation shouldn’t assume the program is available.

Discuss Your Charge & Possible Next Steps

At Marc LaHood Law, we provide honest guidance, direct communication, and careful preparation. We can review the allegations and available information, identify immediate concerns, and explain the possible next steps based on your circumstances.

Call (210) 714-2625 to speak with our San Antonio felony DWI lawyer.

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Mr. LaHood himself is a beacon of confidence and definitely someone you need in your corner.
“Not one moment passed where I didn’t feel taken care of. The staff is extremely knowledgeable and they are great at breaking down legal details that a layman may not understand themselves.”

- C.J.

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