DWI and driving
Dallas felony and repeat DWI lawyer.
A second DWI raises the stakes, and a third DWI or a DWI with a child in the car is a felony that can mean prison. Texas puts no time limit on the prior DWIs it can use, so a case from twenty years ago still counts. We examine the new arrest and every old conviction, push for bond conditions you can live with, and give you a straight read on the risks before you decide anything.
Right now
If you were just arrested for another DWI.
- 01
Comply with the interlock order
On a repeat DWI the bond will require an ignition interlock, and often no alcohol and monitoring. Install it within the deadline and keep every receipt and report. A violation can put you back in jail with a higher bond.
- 02
Request the license hearing within 15 days
With a prior, the license suspension is longer, so the ALR hearing matters even more. We can file the request for you.
- 03
Pull together your old cases
Dates, counties or states, case numbers and anything you signed. The prior judgments decide whether this is a misdemeanor or a felony, and they are not always valid.
- 04
Do not drive on a suspended license
If your license is already suspended, driving adds a new charge and hurts your chances at bond and at sentencing.
- 05
If a child was in the car, call us before talking to CPS
A DWI with a child passenger often brings a call or a visit from Child Protective Services. What you say to a caseworker can be used in the criminal case. Be polite, and talk to us first.
Key deadlines and numbers
- Second DWI
- Class A: 30 days to 1 year in jail, fine up to $4,000Source: Tex. Penal Code 49.09(a)
- Third DWI or more
- Third degree felony: 2 to 10 years in prison, fine up to $10,000Source: Tex. Penal Code 49.09(b)
- Passenger under 15
- State jail felony, even on a first DWISource: Tex. Penal Code 49.045
- How old a prior can be
- No time limit for using prior convictionsSource: Tex. Penal Code 49.09
- Bond on a repeat DWI
- Ignition interlock required as a conditionSource: Tex. Code Crim. Proc. art. 17.441
- State traffic fine on a later conviction
- $4,500, or $6,000 at 0.16 or moreSource: Tex. Transp. Code 709.001
Texas law
How Texas punishes repeat and felony DWI.
Each prior DWI conviction raises the level of the next charge. Two prior DWI convictions, or one prior intoxication assault or manslaughter, make a new DWI a felony. A child under 15 in the car makes it a felony on its own. And when a person already has other felony convictions, the repeat offender laws can push the range higher still.
| Charge | Range of punishment | Notes |
|---|---|---|
| Second DWI | Class A misdemeanor: 30 days to 1 year in county jail, fine up to $4,000 | Probation is possible, usually with some jail time and an interlock as conditions. |
| Third DWI or more | Third degree felony: 2 to 10 years in prison, fine up to $10,000 | Probation is still possible in many cases. |
| DWI with a prior intoxication assault or manslaughter | Third degree felony: 2 to 10 years, fine up to $10,000 | One prior of either kind is enough. |
| DWI with a passenger under 15 | State jail felony: 180 days to 2 years in state jail, fine up to $10,000 | Applies even with no prior DWI. |
| Felony DWI with one prior felony conviction | Punished as a second degree felony: 2 to 20 years | Repeat offender enhancement. The prior felony can be a felony DWI. |
| Felony DWI with two prior felony convictions in sequence | 25 to 99 years or life | Habitual offender range. The order and finality of the priors must be proved. |
The State has to prove every prior
The priors are part of the charge. The State must show that each one is a final conviction and that you are the same person, usually through judgments and fingerprints. Convictions from other states can count if the law there is similar.
Source: Tex. Penal Code 49.09(c)Repeat offender laws can stack
A felony DWI with earlier felony convictions can be punished in a higher range. Whether an enhancement applies depends on the dates and the finality of each prior, which we check closely.
Source: Tex. Penal Code 12.42Probation comes with strict conditions
On a repeat DWI, probation requires an ignition interlock and often jail time as a condition, alcohol monitoring, treatment and classes. Missing any of it can lead to a motion to revoke.
Source: Tex. Code Crim. Proc. art. 42A.408Longer license consequences
A repeat conviction brings a longer license suspension, and any occupational license after a DWI conviction requires an ignition interlock.
Source: Tex. Transp. Code 521.246How we work
How we defend a felony or repeat DWI.
Mr. Estrada reviews the new arrest and every prior and sets the strategy. Our team pulls the records and works the case with him, and you get updates in English or Spanish.
01
Audit every prior conviction
We pull the old judgments and check whether each one is final, whether you had a lawyer or validly waived one, and whether an out-of-state case really matches Texas law. One bad prior can drop a felony to a misdemeanor.
02
Defend the new arrest on its own facts
The priors do not prove this DWI. We get the dash and body camera video, test the stop and the probable cause, and challenge the breath or blood result.
03
Make the bond workable
When interlock, monitoring or travel terms make it hard to keep a job, we ask the court to adjust them and keep a clean compliance record for later.
04
Build the mitigation early
Treatment, counseling, work history, family responsibilities and months of clean interlock reports show the prosecutor and the judge who you are beyond the file.
05
Negotiate or go to trial
Depending on the evidence, the goal can be a dismissal, a reduction to a misdemeanor, probation instead of prison, or a jury trial. A jury can recommend probation when the sentence is 10 years or less.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“This attorney takes his time with every client, I love that he speaks Spanish so it was nice to fully understand him.”What a felony DWI can mean for the rest of your life.
- Guns and voting
- A felony conviction ends the right to possess a firearm under federal law. Texas allows a gun only at home and only 5 years after the sentence ends, which does not fix the federal ban. In Texas you can vote again once the whole sentence, including parole or probation, is complete.
- My commercial license
- A second DWI or alcohol-related disqualification means a lifetime CDL disqualification under federal rules, with a narrow path to reinstatement after 10 years.
- Immigration
- A felony DWI is usually not an aggravated felony, but repeat DWIs weigh heavily against relief from deportation, visas and citizenship, and any arrest can bring an ICE detainer. We plan the criminal case with that risk in mind.
- Custody and CPS
- A child passenger charge can open a CPS case and come up in a custody dispute. We coordinate the criminal defense with any family court or CPS matter so one does not undercut the other.
Dallas and Odessa
Where repeat DWI cases are heard.
In Dallas County, a second DWI is a misdemeanor heard in the county criminal courts, and a felony DWI goes to a grand jury and then to a district court, all at the Frank Crowley Courts Building on Riverfront Boulevard. In Ector County, felony DWI cases are heard in the district courts in Odessa. Our offices in Oak Cliff and Odessa handle both.
FAQ
Questions people ask.
Does a DWI from 15 years ago still count?
Yes. Texas has no time limit on the prior DWI convictions that can make a new DWI a felony. That is why we check each old judgment carefully: age does not help, but a defect in the prior can.
Will I go to prison for a third DWI?
Prison is possible, from 2 to 10 years, but it is not automatic. Probation, treatment-based outcomes and reductions all happen, depending on the evidence, your record and what you do between now and the court date.
Can a felony DWI be reduced to a misdemeanor?
Sometimes. If a prior conviction cannot be proved or is not valid, the felony falls apart. Prosecutors also agree to reductions in some cases. We tell you which of those is realistic in yours.
My earlier DWI was in another state. Does it count?
It can, if the other state's law is similar enough to the Texas DWI law. We get the out-of-state record and compare the statutes before you assume either way.
Is a DWI with my child in the car a felony even if it is my first?
Yes. A passenger under 15 makes it a state jail felony on a first arrest. It can also lead to a CPS investigation, so talk to us before you speak with a caseworker.
How much does it cost to hire you?
The first consultation is free, by phone, video or in person. We discuss the fee and payment options up front, before you sign anything.
Related situations
- DWI
- DWI license hearing (ALR)
- Intoxication assault and manslaughter
- Probation violations
- Jail release, bond and warrants
- Immigration consequences of a charge
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.