Felony DWI Attorney in Waco

Your Guide to Felony DWI Charges in Waco, TX

Felony drunk driving charges in Waco carry risks that deserve immediate, strategic attention. At Milam & Fanning, PLLC, our legal team answers questions and delivers steady support to help you move forward. We know every felony DWI defense calls for a hands-on, knowledgeable approach. Our guidance makes sure clients facing these tough charges can understand their options and protect their rights throughout the process.

Texas courts—especially in Waco and McLennan County—take a firm approach to felony DWI cases. Local law enforcement responds rapidly when aggravated DWI allegations arise, and courts often set strict schedules for hearings. These unique local factors make it even more important to work with a felony DWI defense attorney in Waco who knows the local process and builds a defense around your needs.

The stakes are too high to face a felony DWI alone. Our firm offers free consultations and affordable services to ensure you have access to a skilled Waco felony DWI defense lawyer. Let us begin building your defense and fighting for your future. Call us now at (254) 237-5602 or reach out online to schedule your consultation.

Understanding Felony DWI Laws in Texas

Texas law elevates certain DWI offenses to felonies based on specific circumstances. Here in Waco, felony charges can arise due to repeat DWI convictions, causing serious injury or death (intoxication assault or intoxication manslaughter), or driving with a child under 15 present. 

These factors distinguish felony charges from misdemeanors—and the consequences are far more severe. Working with a felony DWI attorney in Waco helps you understand the details and navigate complicated requirements set by McLennan County courts.

There are four primary ways a DWI can be charged as a felony in Texas:

• Third or Subsequent DWI: If you have two prior DWI convictions on your record, your third DWI offense will be charged as a Third-Degree Felony. There is no "look-back" period in Texas, meaning that prior convictions from decades ago can be used to enhance your charge.
• DWI with a Child Passenger: A person who is driving while intoxicated with a child under the age of 15 in the vehicle can be charged with a State Jail Felony. This is true even if it is your very first DWI offense and no accident occurred. The presence of the child alone is enough to warrant the felony charge.
• Intoxication Assault: This occurs when a person, while intoxicated, operates a motor vehicle and, as a direct result of that intoxication, causes "serious bodily injury" to another person. This is a Third-Degree Felony. The state must prove that the injury created a "substantial risk of death" or caused "serious permanent disfigurement."
• Intoxication Manslaughter: The most severe felony DWI charge, Intoxication Manslaughter, is a Second-Degree Felony. This charge is filed when a person, while intoxicated, operates a motor vehicle and causes the death of another person. The prosecution must prove that your intoxication was the direct cause of the death.

Our firm will meticulously review the details of your arrest and the specific charge against you to determine the most effective defense strategy.

Penalties of Felony DWI Convictions in Texas

A felony DWI conviction in Texas comes with a wide range of penalties, both direct and collateral, that can change your life forever. A skilled Waco felony DWI defense lawyer is essential to help you avoid or mitigate these severe consequences.

Direct Penalties:

• State Jail Felony: A sentence of 180 days to 2 years in a state jail facility, with fines up to $10,000.
• Third-Degree Felony: A prison sentence of 2 to 10 years, with fines up to $10,000.
• Second-Degree Felony: A prison sentence of 2 to 20 years, with fines up to $10,000.
• Driver's License Suspension: A suspension of your driver’s license for a minimum of 180 days and up to 2 years.
• Court-Ordered Surcharges: You will be required to pay significant annual surcharges to the Texas Department of Public Safety (DPS) for three years to keep your license. These can amount to thousands of dollars.

Collateral Consequences:

• Permanent Criminal Record: A felony conviction is a permanent mark on your record that is a public document.
• Loss of Civil Rights: You can lose your right to own a firearm and your right to vote while incarcerated.
• Difficulty Finding Employment: Many employers are hesitant to hire an individual with a felony record.
• Housing and Professional Licensing: A felony conviction can make it difficult to secure housing or maintain a professional license.
• Increased Insurance Rates: Your car insurance rates will likely skyrocket, and you may be required to file an SR-22 certificate.

Our firm recognizes the gravity of these consequences and will fight tirelessly to help you avoid them.

The Waco Felony DWI Case Timeline: What to Expect

Navigating a felony DWI in Waco involves several stages, each with its own requirements. Our team will help you move through these steps and stay aware of what matters most at each point.

1. Arrest & booking: Following an arrest, you go through booking and appear in court for bond decisions and early hearings.
2. Administrative license actions: The Texas Department of Public Safety may try to suspend your driver's license even before your criminal case begins.
3. Pre-trial motions: The court may schedule hearings to determine which evidence will be used or to discuss other legal issues ahead of trial.
4. Plea negotiations or trial: Depending on the facts, your options may include negotiating a plea or challenging the charges at trial.
5. Sentencing & aftermath: If convicted, Texas law imposes strict penalties for felony DWIs, such as prison sentences and long-term supervision.

Courts in Waco may move faster than many expect, setting tight timelines for administrative hearings and court appearances. Early preparation allows you to meet those deadlines and present strong arguments at every step. 

Having a felony DWI defense attorney in Waco on your side helps you manage paperwork, respond to local court practices, and navigate complex state law. We break down each part of the process, so you can focus on what you need to do next, one step at a time.

Our Comprehensive Approach to Felony DWI Defense

Our firm’s approach to defending against felony DWI charges is rooted in a deep understanding of the scientific and legal complexities of these cases. As your Waco felony DWI defense lawyer, we know that we must do more than just challenge the officer’s testimony; we must also challenge the scientific evidence that the prosecution relies on.

Our defense strategies include:

• Challenging the Initial Traffic Stop: A police officer must have a lawful reason to pull you over. We will meticulously review the circumstances of the stop to ensure your Fourth Amendment rights were not violated.
• Questioning Field Sobriety Tests: We will challenge the administration and accuracy of the Standardized Field Sobriety Tests (SFSTs), arguing that your performance was affected by factors other than intoxication, such as medical conditions, poor lighting, or uneven terrain.
• Attacking Chemical Test Results: We will scrutinize the calibration and maintenance records of the breathalyzer machine and the chain of custody for any blood samples. We will work with independent experts to identify any flaws in the testing procedure that could have led to an inaccurate result.
• Investigating Aggravating Factors: We will conduct a thorough investigation into the specific aggravating factor that led to your felony charge. For example, in an intoxication assault case, we will work with accident reconstructionists to prove that your intoxication was not the direct cause of the accident.
• Exploring All Defense Avenues: Our firm will explore every possible defense, including a lack of intent, a rising blood alcohol defense, or challenging the constitutionality of the evidence against you.