Austin Location
608 West 12th Street, Suite B Austin, TX 78701
Georgetown Location
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions Past results do not guarantee a similar outcome in any future case. Each case depends on its own facts, the applicable law, and the discretion of the prosecutors and courts involved.
Intoxicated driving offenses are some of the most common in Austin. While they are prevalent, that does not mean you are out of legal options. If you are charged with felony DWI, you need legal assistance to defend yourself. A conviction often leads to severe consequences like license suspension, fines, and jail time — and the collateral consequences of a DWI conviction extend to employment and professional licenses as well. For non-felony charges, learn more about our Austin DWI practice.
Speak to the Felony DWI lawyer in Austin from the Law Office of David D. White, PLLC. We are ready to support your case. Give us a call at 512-369-3737 or contact us here. We are open 24/7.
If you face Felony DWI charges in Austin, Texas, you need the strongest possible defense. At the Law Office of David D. White, PLLC, we understand the severe consequences of a conviction. Here’s why our clients trust us to represent their Felony DWI cases in Travis County:
DWI (Driving While Intoxicated) is a criminal offense in Texas involving operating a motor vehicle while impaired by alcohol or drugs. Felony DWI applies to specific cases, such as a third or subsequent DWI offense, intoxication assault (causing serious bodily injury), or intoxication manslaughter (causing death). Unlike some states that use ‘DUI’ interchangeably, Texas only applies ‘DUI’ to minors under 21 with any detectable alcohol in their system.
In Texas, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. However, even if a driver’s BAC is below this limit, they can still be charged with DWI if their physical or mental faculties are impaired due to alcohol or drugs. Texas has a zero-tolerance policy for DWI involving minors (under 21 years old), where any detectable amount of alcohol can lead to charges.
You can be facing several charges for felony DWI. They will each have varying penalties discussed later. Some felony offenses you can be facing include:
If you are intoxicated while operating a motor vehicle and injure someone else, you can be charged with this third-degree felony. In some instances, the charges can be increased to a second-degree felony. Those cases often involve firefighters, police officers, or emergency medical staff.
If you are intoxicated and operating a motor vehicle causing the death of another person, you can be charged with a felony for intoxication manslaughter. It is typically a second-degree felony. When it involves a firefighter, police officer, or emergency medical personnel, it can be increased to a first-degree felony.
A third DWI conviction is automatically classified as a third-degree felony, regardless of whether there was an accident or injury. If you have a prior intoxication manslaughter conviction, a subsequent DWI can also be treated as a felony with enhanced penalties. Repeat offenders face mandatory jail time, longer license suspensions, and significantly higher fines. Even a 2nd DWI charge carries mandatory jail time and a two-year license suspension.
You do not want these charges to stay on your record and affect your life. An underage DWI is a Class C misdemeanor with fines upwards of $500. It also requires attending an alcohol awareness class and community service. To fight back, speak to a felony DWI attorney in Austin.
For a Felony DWI arrest, law enforcement must first have reasonable suspicion to conduct a traffic stop, such as observing a traffic violation or erratic driving behavior. Once stopped, the officer must establish probable cause before making an arrest. This can be based on failed sobriety tests, slurred speech, the smell of alcohol, or other observed signs of impairment. Without proper probable cause, an arrest may be challenged in court.
Often officers will say they smelled alcohol to justify an investigation. When they say this, they are usually looking for probable cause. When they have that, they can make an arrest. They will usually establish probable cause by asking you questions, conducting field sobriety tests, and through visual observations. These tests can be flawed. When speaking to the officer, refrain from explaining how much you drank. Stay quiet until you talk to an Austin felony DWI attorney.
The purpose of field sobriety tests is to determine if you are intoxicated. If the officer can prove this, then they can make an arrest and charge you. Your BAC must be .08 or higher for these charges. DWIs include illegal drugs, prescription medications, or a combination of drugs and alcohol. Some of the most common tests include:
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Most DWI offenses are misdemeanors, but some can automatically be deemed felonies. The penalties are steeper for felonies. You do not want your life derailed because of a misunderstanding or mistake. Among the penalties that you can face for felony DWIs are the following:
These are examples of the court penalties you can face. However, there are other consequences you may face. To know your possible penalties, speak to our Austin felony DWI attorney today.
Beyond court fines, a Felony DWI in Texas triggers significant administrative penalties, including:
You may also suffer employment issues like time off or job loss. You can experience a substantial financial burden if you are charged or convicted of a felony DWI in Texas. However, you have the right to fight back and defend yourself. It is best if you work with an Austin felony DWI attorney. You will want to avoid penalties and the long-term impacts of a criminal conviction.
“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”
David D. White
Austin Criminal Defense Lawyer
When you work with a criminal defense lawyer in Austin, you have a higher chance of having your charges reduced or dismissed. At the Law Office of David D. White, PLLC, we will work to prevent your life from derailing from a criminal conviction.
While our goal is to challenge the prosecution’s case and seek a dismissal, Texas law makes it difficult to reduce Felony DWI charges to lesser offenses. However, we can explore alternative sentencing options, negotiate probation instead of prison, or advocate for reduced penalties where possible. A strong defense strategy can make a critical difference in the outcome of your case. Contact our Austin felony DWI attorney for guidance on your circumstances.
A felony DWI dismissal does not clear the record on its own. The arrest and charge remain searchable until an expunction order is granted by the district court. Texas does not allow deferred adjudication for DWI, which makes the expunction path through dismissal or acquittal the only realistic route to a clean record. More on DWI expunction in Texas.
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
Client Reviews
Working with the Law Office of David White has been a truly smooth, helpful and above all transparent. I would highly recomend the office and staff here. They are incredibly knowledgable and handle every client with empathy. Thank you!
The firm has earned 145+ five-star Google reviews. View more on Google Maps and Yelp.
Reviews reflect individual client experiences. Past results do not guarantee a similar outcome.
At the Law Office of David D. White, PLLC, our attorneys are committed to defending clients facing serious criminal charges, including Felony DWI cases in the Travis County area. Our firm is conveniently located near you at 608 W 12th St Ste B, Austin, TX 78701, United States.
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I was facing a nightmare situation — a felony warrant for something I didn't do. I spoke with three other lawyers before choosing David White. They all wanted to charge more and immediately pushed to schedule a walk-through arrest, saying they'd handle it after I got booked. David was completely different. He didn't make any assumptions about me or the charge. He truly listened to my side, reviewed all the evidence I gave him, and made sure the pro...
Unfortunately I have needed a few attorneys. Fortunately I was lucky enough to find Mr. White. He has helped me tremendously in my journey through the legal system. Believe me when I tell you that it is Money very well spent. It was easy to communicate with and get a hold of him and he was able to accomplish everything he told me was possible. If I ever know anyone who needs an attorney I will for sure recommend him!! Kelly M.
Absolute best law practice I’ve ever needed and used. Easy communication. From informative paralegals (Christi) to the attorneys David & Kenneth who helped me in getting my case dismissed. Want to say thank you very much for never putting me or my case on the back burner! Breah Richardson
David & Kenneth are heaven sent, the best team in Austin Texas, they had two felonies and one misdemeanor dismissed for me, I was looking at 2-20years and they were ready to take it to trial if need be, the charges didn’t even get indicted, their paralegal is amazing to, such a kind lady. I will ALWAYS recommend them to anybody needing a lawyer, thank y’all so much again i can’t express enough gratitude!!! Ashley Norris
The Law Office of David White helped me through the most insane experience of my life. A former business partner pressed criminal charges against me for Trade Secret Theft and Unauthorized Computer access, and it resulted in me getting indicted under some extremely serious charges. The accusations were completed fabricated and false and the evidence presented was misleading and dishonest, not to mention very complex as it had to do with technical com...
He is the best of the best of the best! A tenacious, optimistic, compassionate man of his word. Which is nearly impossible to find in the legal community. David White achieved what other lawyers had told me could never be done. And he did so within days of retaining him. Anyone needing excellent legal expertise with a humane and compassionate touch, David White is your guy! You will not be sorry. Joan T.
David and his office were extremely helpful with a tough decision. There level of expertise was first class. They also were super responsive and followed up twice just to see how things were going. Hard to find honest lawyers nowadays. I definitely recommend this firm. Clint Frerich
If you looking for a great lawyer that has your best interest in heart and that will fight for you and with you, look no further! I had never needed a lawyer in my life, life took a turn, I got to searching for a lawyer, I had spoken to a handful of lawyers that wanted to work my case but after speaking with Mr. White, I knew he was the one I wanted to stick with, not only did he handle everything for me, he got me a dismissal!!!!!!!! Thanks again Mr...
Use White and save Green David White, Attorney at Law has been by far the most respectable, diligent, and driven attorney one could possibly hope for! I was referred to him by a family member as well as friend. I couldn’t have made a better decision in an attorney to represent me in Travis County. I made a mistake that could have made the rest of my life more difficult. He met with me and was extremely honest with with me about my case and the p...
Quick and stress free process Not only did David get my Class A dismissed quickly (2 months from arrest date to dismissal date) but he did for substantially less then all of the other lawyers I had contacted before him. I highly recommend David ‘s services to anyone in need.
Mr. White has your back I was referred to David White by UT Legal Services (I was a previous student) and I am very happy they did! He is very thorough, friendly, easy to reach, and most importantly: works quickly. He successfully completed my expunction process for a class C misdemeanor. I no longer live in Austin and he handled my case entirely over the phone with no problems. During my consultation he patiently answered all my questions. After ...
Over exceeded my expectations!! Mr. White is an amazing lawyer. He helped me through one of the scariest periods of my life, going through the legal system. I didn’t want to do it alone, but I wanted someone I knew I could talk to and would get results. Well, Mr. White succeeded! I got a dismissal and I have a date set to see if I can file for early expunction. It’s the best case scenario I could have asked for!
This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions