Felony DWI Lawyer In Conroe, TX
A DWI becomes a felony in Texas through the driver's record, a young passenger, a serious injury or a death. In Montgomery County each of those cases moves to the District Attorney's Office and the district courts, and this page explains the four routes, the punishment levels and how a felony case moves.
What Is Felony DWI In Texas?
Felony DWI is not a single offense. Chapter 49 of the Penal Code makes a DWI a felony when the driver has two prior intoxicated operating convictions, when a passenger is younger than 15, when serious bodily injury results, or when someone dies. The levels run from a state jail felony to a first degree felony, and an indictment is required unless the accused waives it.
Source: Texas Penal Code Chapter 49, Intoxication and Alcoholic Beverage Offenses
Understanding Texas Law
How Does Texas Law Define Felony DWI?
There is no single felony DWI statute. Chapter 49 of the Penal Code holds several offenses, and which one applies depends on what raised the stakes.
The record. Two earlier convictions for intoxicated operating offenses make a new DWI a third degree felony under § 49.09(b)(2). So does one earlier intoxication manslaughter conviction under § 49.09(b)(1). The third DWI page goes deeper.
The passenger. Under § 49.045, a passenger younger than 15 makes the offense a state jail felony, whatever the driver's history.
An injury. Serious bodily injury to someone else is intoxication assault under § 49.07.
A death. Causing a death is intoxication manslaughter under § 49.08.
Four felony levels, and the offenses at each one:
- State jail felony: DWI with a passenger younger than 15
- Third degree felony: a third DWI, or base level intoxication assault
- Second degree felony: intoxication manslaughter, and intoxication assault in the aggravated forms the statute lists
- First degree felony: intoxication manslaughter or intoxication assault involving an on-duty peace officer or judge, and, for manslaughter, a firefighter or EMS worker
One arrest can fit more than one box. A driver with two priors who crashes with a child aboard could face several charges, and the prosecutor chooses which to present. A child passenger charge has its own page.
Penalties And Consequences
What Are The Penalties For Felony DWI In Texas?
Punishment follows the level of the felony. A misdemeanor can be charged by an information the prosecutor files. A felony needs a grand jury indictment unless the accused waives it under Code of Criminal Procedure art. 1.141. These are statutory limits, not predictions.
- State jail felony
- 180 days to two years in a state jail facility, fine up to $10,000.
- Third degree felony
- Two to ten years in prison, fine up to $10,000.
- Second degree felony
- Two to twenty years in prison, fine up to $10,000.
- First degree felony
- Five to ninety-nine years or life, fine up to $10,000.
- Bond conditions
- An ignition interlock under Code of Criminal Procedure art. 17.441 on repeat DWI, child passenger, intoxication assault and intoxication manslaughter charges, unless the magistrate finds it not in the interest of justice.
A felony conviction can also be used to enhance a later felony under Penal Code § 12.42, so the first case reaches into every case after it.
Real Questions
What Do People Ask About Felony DWI In Texas?
Can a first DWI really be a felony?
What if a prior conviction came from another state?
Does a felony DWI affect gun rights and voting?
What happens if the grand jury does not indict?
Possible Defenses
How Can Felony DWI Be Defended?
A felony DWI has two layers to test: the intoxicated driving itself, and the fact that lifts it to a felony. An attorney examines both. A flaw in the felony element can lower the level of the charge even when the underlying DWI is hard to contest. No result can be promised.
- Prior conviction cases: each certified judgment, and whether it is tied to the person charged
- Child passenger cases: the proof of the passenger's age
- Injury and death cases: causation and the medical records
- Every case: the stop, the testing and any blood draw
Probation rules narrow at the felony level.
On the misdemeanor side, community supervision and sometimes deferred adjudication are part of the range. On the felony side, the Code of Criminal Procedure removes several of those options for particular offenses. Art. 42A.102 bars deferred adjudication for §§ 49.045, 49.07 and 49.08.
A judge cannot grant community supervision for intoxication manslaughter, or after a deadly weapon finding, and a jury can recommend it only for a sentence of ten years or less. A deadly weapon finding also brings the parole limits explained on the 3G offenses page.
Do The Priors Count?
Were the earlier judgments final, tied to the right person and for qualifying offenses?
Is The Child's Age Proven?
Can the state show, with competent evidence, that the passenger was under 15?
What Caused The Injury?
Did the intoxication cause the harm, or does another cause fit the facts?
Was The Blood Draw Lawful?
A warrant, consent or an exception is required, and the lab work behind the number can be reviewed.
Does The Indictment Match?
Does the charging document fit the offense and level that the facts support?
Is A Lesser Charge Available?
Could the evidence fit a misdemeanor or a lower felony level?
Local Process
How Does A Felony DWI Move Through Montgomery County?
The move to felony changes the building. Misdemeanor DWI is filed in one of the Montgomery County Courts at Law. Felony DWI is heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, the same building where the Montgomery County District Attorney's Office works.
Magistration
Under Code of Criminal Procedure art. 15.17, the person arrested is brought before a magistrate, who sets bond and any conditions.
Investigation
Reports, video and lab results go to the District Attorney's Office. In crash cases, reconstruction and medical records follow.
Indictment
A grand jury decides whether probable cause supports a felony. The accused can waive indictment under art. 1.141 and proceed on an information.
District Court
Arraignment, discovery and pretrial motions come first, then a plea or a trial. At trial the defendant can elect to have the jury assess punishment.
- Prosecutor
- The Montgomery County District Attorney's Office. The DA's Office runs a dedicated Vehicular Crimes Unit of prosecutors and investigators that responds directly to crash scenes and handles intoxication manslaughter, intoxication assault and fatal hit and run cases.
- Where it is heard
- Heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St.
- Who arrests
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are held
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
A felony record follows a person out of the courtroom. Employers, landlords and licensing boards see it on background checks, and the collateral consequences page covers the wider effects of a DWI record.
Next Steps
What Should You Do After A Felony DWI Charge?
A felony case is filed on the prosecutor's schedule, so the early steps carry weight. These steps are general information, not advice for any one person.
Protect The ALR Deadline
A felony charge does not pause the license case. Request the hearing within 15 days.
Follow Bond Conditions
Meet every condition exactly, including any ignition interlock order.
Gather Your Records
Collect prior judgments, medical records and anything that shows your timeline.
Keep The Case Private
Do not discuss it with police, witnesses, other drivers or online.
Learn Which Route Applies
Ask which of the four felony routes is charged, since each has its own elements and range.
Get Advice Before The Grand Jury
If possible, speak with a lawyer before the case is presented.
Speak with a lawyer before responding to a felony charge or to an offer from the state. Mitchell Law Firm offers a confidential conversation about a felony DWI in Montgomery County, and an early call keeps the most options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 49: §§ 49.045, 49.07, 49.08 and 49.09
- Texas Penal Code Chapter 12: felony punishment levels
- Texas Penal Code Chapter 46: firearms offenses
- Texas Code of Criminal Procedure Chapter 42A: community supervision and deferred adjudication
- Texas Code of Criminal Procedure Chapter 15: arrest and magistrate warning
- Texas Code of Criminal Procedure Chapter 17: bail and ignition interlock conditions
- Texas Transportation Code Chapter 524: administrative license suspension
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Conroe, TX
Each kind of felony DWI has its own page with its own elements, range and evidence issues. See the full DWI defense overview for Conroe.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Montgomery County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Felony DWI Questions People In Conroe Ask
When is a DWI charged as a felony in Conroe, TX?
Texas law makes a DWI a felony in four situations: two prior intoxicated operating convictions, or one prior intoxication manslaughter conviction; a passenger younger than 15; serious bodily injury to another person; or the death of another person. The resulting offenses range from a state jail felony for a child passenger up to a first degree felony when certain on-duty officials are killed.
Who prosecutes a felony DWI in Montgomery County?
The Montgomery County District Attorney's Office prosecutes felonies in the county, from offices inside the Montgomery County Criminal Justice Center at 207 W Phillips St. The same building houses the district courts that hear felony cases. Crash cases involving serious injury or death are handled within that office by a dedicated Vehicular Crimes Unit.
Is probation available for a felony DWI in Conroe?
Community supervision is available on many felony DWI charges, within statutory limits. A judge cannot grant it for intoxication manslaughter or after a deadly weapon finding, and a jury can recommend it only for a prison sentence of ten years or less. Code of Criminal Procedure art. 42A.102 bars deferred adjudication for child passenger DWI, intoxication assault and intoxication manslaughter.
How long does a felony DWI take to reach a grand jury in Montgomery County?
The timing varies from case to case. A felony DWI is presented to a grand jury once the District Attorney's Office has the arrest reports, the video and, in blood cases, the lab results. Crash cases add reconstruction and medical records. Until the grand jury acts, the person remains on the bond and conditions set at magistration, and the license case continues on its own schedule.
Does a felony DWI conviction in Conroe affect gun rights and voting?
A felony conviction triggers the federal firearm prohibition in 18 U.S.C. § 922(g)(1), and Texas Penal Code § 46.04 makes possession by a convicted felon an offense, subject to a limited exception at home after five years. Texas restores voting eligibility once the sentence, including parole or supervision, is fully discharged. A misdemeanor DWI carries neither consequence.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
Felony cases are shaped before indictment. Call or request a consultation before the grand jury sees the file.
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