Felony DWI Lawyer in Fort Worth

Most DWI cases are misdemeanors, but when a defendant has prior DWIs on her record or there are certain aggravating factors, the state can upgrade the charges to a felony, which significantly increases the penalties. When additional factors turn a drunk driving charge into a felony DWI, it is imperative to build a strong defense and have a lawyer get to work immediately on your case. Secure an attorney who knows the Fort Worth court system and has fought complex cases involving felony DWI charges.

At the Law Offices of Randall B. Isenberg, we handle all types of drunk driving cases including felony DWI cases that involve intoxication assault and vehicular manslaughter. Our felony DWI drunk driving lawyer in Fort Worth can help you navigate the system and will advocate on your behalf to help you beat the case or reduce your penalties.

Contact us today at 214-390-2670 for a free consultation.

When does the state charge DWIs as felonies?

There are several situations in which the State of Texas will label a DWI as a felony rather than a misdemeanor:

  • You already have two or more DWIs on your record.
  • You caused someone serious bodily injury while driving under the influence. (Intoxication assault)
  • You killed someone while driving under the influence. (Intoxication manslaughter)
  • You had a child under the age of 15 when you received your DWI.

Note: Your blood alcohol concentration (BAC) need not be over the legal limit of 0.08 to result in DWI charges. Texas Penal Code Sec. 49.01(2)(A) provides that intoxication can also mean “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”

In other words, an officer can arrest you for DWI even if you have just had a few drinks and your BAC is below 0.08 if you fail the sobriety field test.

What are the potential penalties for felony DWI in Texas?

Pursuant to Texas Penal Code Title 10, Chapter 49, the penalties for felony DWIs depend on the nature of the specific charges brought against you:


Offense Category


3rd DWI

Third-degree felony

l  2 to 10 years in prison

l  $10,000 fine

l  180-day to 2-year license suspension

Intoxication assault

Third-degree felony

l  2 to 10 years in prison

l  $10,000 fine

l  180-day to 2-year license suspension

DWI with child passenger <15 years old

State jail felony

l  Up to 24 months in state jail

l  $10,000 fine

l  90-day to 2-year license suspension

Additionally, felony DWI offenders might be subject to additional probation, community service, and a DWI education program. They will also face increased car insurance premiums, be required to show proof of financial responsibility by filing an SR-22 certificate, and pay license reinstatement fees.

How can Randall B. Isenberg help with my DWI case?

With 30 years of criminal law experience, attorney Randall B. Isenberg has won felony DWI trials in both Dallas and Collin counties. Our highly qualified staff knows how to build a strong and comprehensive defense strategy, preserve your driving privileges, and advocate for your best interests.

In addition to the traditional DWI defense strategies, such as challenging the initial stop, the reading of your Miranda rights, the accuracy of breath and blood tests, and the way the tests were administered, we will pursue strategies specific to felony DWI charges. We will focus on the parts of the indictment the prosecution must prove to convert the DWI misdemeanor into a felony. Known as enhancement paragraphs, our goal is to find triable issues where guilt beyond a reasonable doubt will be difficult to prove.

During the initial phase of your case, we will:

  • Thoroughly examine the police report
  • Review any police video of your tests and arrest for inconsistencies or unlawful practices
  • Speak with experts
  • Expose any flaws in the prosecutor’s case
  • File any pertinent pretrial defenses, e.g., Motion to Suppress Evidence, Motion to Quash the Indictment, Motion to Suppress Breath Test & Exercises, Motion for Discovery of Exculpatory Evidence, etc.

If a dismissal is not possible, we can discuss ways to negotiate with the state and lower your charges or penalties. For instance, if you voluntarily enter a rehab program, we can use that to show that you are serious about getting help. We could also open a discussion with the prosecutor and try to bargain to reduce jail time with probation.

If the case goes to jury trial, Randall will carefully prepare your case for litigation, help you prepare your testimony for court, and clearly and convincingly articulate your side of the story to the court. To convict you of felony DWI, 12 members of a jury must agree that you are guilty. We will try to instill doubt in the jury members by breaking down the state’s case and presenting supportive evidence on your behalf.

Felony DWI cases are time-sensitive. Call our DWI felony lawyer now.

As soon as you are able to call an attorney, do so. You will likely have two concurrent cases: your criminal DWI case and your Department of Public Safety’s license suspension case. We can advise you of your rights, prevent you from saying or doing anything that could hurt your case, and get right to work on investigating the facts and collecting evidence.

We have only 15 days to request a hearing to contest your license suspension. We will also need to quickly prepare for your first court hearing. Contact the Law Offices of Randall B. Isenberg in Fort Worth at 214-696-9253 for the legal defense you need.

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