McKinney Felony DWI Attorneys

A felony DWI is not a bigger misdemeanor DWI. It is a different statute, a different court, a different prosecutor assignment, and a fundamentally different kind of case. The state can seek a prison sentence starting at 2 years and reaching as high as life, depending on which felony DWI provision applies and the defendant’s prior record. Judge-granted community supervision is restricted. Parole eligibility can be halved by a deadly weapon finding. And unlike first-offense misdemeanor DWI, felony DWI cases cannot be resolved with deferred adjudication.

Felony DWI charges arising in McKinney are prosecuted by the Collin County District Attorney’s Office and heard in the Collin County District Courts. As the Collin County seat, McKinney is the home jurisdiction. Every felony DWI case in Collin County is prosecuted at the Collin County Courthouse, 2100 Bloomdale Road, McKinney, TX 75071, regardless of which Collin County city the arrest occurred in. Many McKinney-area DWI arrests originate from traffic stops on US-75 (Central Expressway), SH-121 (Sam Rayburn Tollway), SH-380 (University Drive), and the eastern terminus of the President George Bush Turnpike.

Deandra Grant Law has defended felony DWI charges in Collin County for more than 30 years. Our Allen office is minutes from the Collin County Courthouse in McKinney. Managing Partner Deandra Grant is a trained SFST instructor and holds the ACS-CHAL Forensic Lawyer-Scientist designation along with a Master of Science in Pharmaceutical Science and a Graduate Certificate in Forensic Toxicology. Partner Douglas Huff holds the same ACS-CHAL designation. Every felony DWI case at Deandra Grant Law begins with a rigorous examination of the priors, the current case forensics, and the lawfulness of every stage of the investigation.

What Makes a Texas DWI a Felony

Texas recognizes four categories of felony DWI. The applicable category (and the corresponding punishment range) turns on the facts of the current case and the defendant’s prior record.

Third or Subsequent DWI — Texas Penal Code § 49.09(b)

A DWI with two or more prior DWI-related convictions is a third-degree felony. Priors under § 49.09(c) include § 49.04 DWI, § 49.05 Flying While Intoxicated, § 49.06 Boating While Intoxicated, § 49.07 Intoxication Assault, and § 49.08 Intoxication Manslaughter. Out-of-state priors count if they meet the substantial-similarity requirement.

• Third-degree felony.
• 2 to 10 years in the Texas Department of Criminal Justice.
• Criminal fine up to $10,000.
• Transportation Code § 709.001 statutory fine of $4,500 ($6,000 if BAC 0.15+).
• Driver’s license suspension of 180 days to 2 years under § 521.344.
• Mandatory 10 days in jail as a condition of probation under § 49.09(h).
• Mandatory ignition interlock under CCP Article 17.441.
• Permanent loss of firearm rights under 18 U.S.C. § 922(g)(1) and Penal Code § 46.04(a).

No lookback period. Texas repealed its DWI lookback statute in 2005. A 25-year-old DWI conviction enhances today’s case the same way a 2-year-old one does. Priors never expire for enhancement purposes. This surprises most defendants and it is often the reason a “second DWI” expectation becomes a third-degree felony charge.

DWI with Child Passenger — Texas Penal Code § 49.045

Operating a motor vehicle while intoxicated with a passenger younger than 15 years of age is a state jail felony without regard to the defendant’s prior DWI history. A first-offense DWI with a child passenger is a felony, not a misdemeanor.

• State jail felony.
• 180 days to 2 years in a state jail facility.
• Fine up to $10,000.
• Transportation Code § 709.001 statutory fine.
• Loss of firearm rights under federal and state law.
• Collateral CPS and custody implications frequently arise.

A § 49.045 charge can coexist with other DWI charges. A second DWI with child passenger can be charged under § 49.09 AND § 49.045, producing compounded exposure.

Intoxication Assault — Texas Penal Code § 49.07

Causing serious bodily injury to another by reason of intoxication, while operating a motor vehicle, aircraft, watercraft, or amusement ride.

• Third-degree felony (2 to 10 years), enhanced in some circumstances.
• Serious bodily injury is defined in § 1.07(a)(46) — substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
• The state must prove that the intoxication, not some independent cause, produced the injury.
• A deadly weapon finding (vehicle as deadly weapon) is standard and triggers the 50% parole eligibility rule under Government Code § 508.145(d).

The “by reason of the intoxication” causation element. The state must prove not just that the defendant was intoxicated and that the accident happened, but that the intoxication caused the serious bodily injury. Where the accident was caused by the other driver’s negligence, adverse road conditions, or mechanical failure, the causation element is a defense pressure point that vendor-written content routinely misses.

Intoxication Manslaughter —  Texas Penal Code § 49.08

Causing the death of another by reason of intoxication, while operating a motor vehicle, aircraft, watercraft, or amusement ride.

• Second-degree felony.
• 2 to 20 years in prison.
• Fine up to $10,000.
• Transportation Code § 709.001 statutory fine.
• Intoxication Manslaughter is a 3g offense under CCP Article 42A.054. Judge-granted community supervision is restricted; only a jury can recommend community supervision in limited circumstances.
• With a deadly weapon finding (vehicle as deadly weapon), parole eligibility is 50% of the sentence (up to 30 years) under Government Code § 508.145(d). A 20-year Intoxication Manslaughter sentence with a deadly weapon finding means 10 years before any parole consideration.
• The state must prove causation (that the intoxication produced the death). A fatal accident where an independent intervening cause contributed may not satisfy the causation element.

The §49.09(h) Mandatory Jail Minimum on Probation

This is the provision most frequently missed in discussions of repeat-DWI cases. Under Penal Code §49.09(h), if the court grants probation on a Third or Subsequent DWI, the defendant must serve a mandatory minimum of 10 days in county jail as a condition of probation. This is not the same as the punishment range of the conviction. It is a separate statutory floor that attaches even to a probated sentence. The minimum is not negotiable and not waivable.