Felony DWI - David Smith Law Firm, PLLC

Houston Felony DWI Lawyer & Defense Attorney

Houston Felony DWI Attorney. Fighting Third-Degree Felony Charges with a Former Prosecutor Insight.

A third DWI in Texas is not treated as a repeat misdemeanor, it is a third-degree felony under Texas Penal Code §49.09, carrying 2 to 10 years in prison and fines up to $10,000. Unlike a first or second DWI, the state does not just prove the current offense. It builds a case that reaches back into your prior convictions and uses them as the foundation of a felony charge. Two clocks start running from the moment of arrest: the criminal case and the ALR license fight. You have 15 days to request a hearing or your license is automatically suspended.

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David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He has built felony DWI cases from the prosecution side and understands exactly how prior convictions are used to enhance a current charge. That inside knowledge now works entirely in your defense. He knows where the enhancement evidence is strongest and where it falls apart and he start there. Contact our firm today for a free consultation.

  • Board Certified in Criminal Law by the Texas Board of Legal Specialization, one of fewer than 10% of Texas attorneys who hold this independently verified credential
  • Former Brazoria County prosecution experience in felony DWI cases, giving us firsthand knowledge of how the state structures prior conviction evidence
  • Forensic Chromatography training through Axion Labs, part of the ACS-CHAL Lawyer Scientist pathway, giving us the ability to scrutinize blood and breath test science at a level most defense attorneys cannot reach

Why Does a Felony DWI Demand a Higher Level of Defense?

A felony DWI is not a traffic matter with elevated fines. It is a felony prosecution with a sentencing range that begins at 2 years and can reach a decade in prison. Beyond the sentence, a felony conviction strips you of your right to vote, your right to own a firearm, and your ability to hold many professional licenses. Board Certification in Criminal Law by the Texas Board of Legal Specialization is an independently verified standard that confirms real felony-level expertise, not general criminal defense experience.

A felony DWI case has two distinct fronts: the current arrest and the prior conviction record the state uses to build the enhancement. We attack both. Our defense in felony DWI cases focuses on:

  • Challenging the validity of each prior conviction used to support the felony enhancement. If a prior DWI was not properly pled or your rights were not validly waived at the time, that conviction may not support a felony charge
  • Examining whether the current arrest meets the legal standard for intoxication, applying the same scientific and procedural challenges available in any DWI case
  • Contesting the legality of the traffic stop. If the officer lacked reasonable suspicion, the entire case built on that stop may be inadmissible
  • Challenging BAC evidence through calibration records, operator qualifications, and the integrity of any blood draw process. Felony cases often rest on blood test results that can be scientifically contested
  • Reviewing whether mandatory minimum sentence triggers apply and whether community supervision is a viable alternative to incarceration given the specific facts of the case

Ignition Interlock Devices in Texas: What DWI Clients Need to Know

For a felony DWI conviction in Texas, courts almost always order an Ignition Interlock Device (IID) as part of any sentence or plea agreement. An IID is a breath-testing instrument wired to your vehicle’s ignition that requires a clean breath sample before the engine will start. David Smith Law Firm has arranged access to SmartStart IID services for Houston-area clients, including a free first month for qualifying clients.

Choosing a dependable IID provider matters. Missed calibration appointments or any sign of tampering can trigger additional criminal charges or probation violations. SmartStart provides 24/7 support and is available throughout Houston and Harris County, making compliance straightforward for our clients.

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When your freedom is at risk, You need criminal expertise on your side.

Don’t Delay. Dial David!