Dallas Felony DWI Lawyer

Former Chief Felony Prosecutor Defending Dallas Felony DWI Charges

Most DWI arrests in Texas begin as misdemeanors, but certain circumstances push the charge into felony territory, and the consequences are in a different category entirely. A felony DWI conviction means prison time measured in years, fines reaching $10,000, and a permanent criminal record that can’t be expunged. When the stakes are this high, who built the case against you matters as much as who defends it.

James Aulbaugh spent years as a Chief Felony Prosecutor before turning to criminal defense, which means he understands how the state constructs a felony DWI case and where those cases are most vulnerable. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential held by fewer than 800 attorneys in Texas, and has handled more than 10,000 cases across more than 15 years of practice. If you’re facing a felony DWI charge in the Dallas area, that background is directly relevant to your defense.

As a former Chief Felony Prosecutor and Board Certified Criminal Law Specialist, James Aulbaugh is ready to assist you with your defense. Call Today: (214) 380-3383

When Does a DWI Become a Felony in Texas?

Texas Penal Code Chapter 49 defines four circumstances that elevate a DWI to a felony. Each carries distinct penalties, and none require a prior felony record to trigger. A first-time offender can face felony charges depending entirely on the facts of the arrest.

The four felony DWI charge types under Texas law are:

• Third DWI offense: A third DWI is a third-degree felony carrying 2 to 10 years in prison, a fine up to $10,000, driver’s license suspension for up to 2 years, and up to 10 years of probation.
• DWI with a child passenger under age 15: Driving while intoxicated with a child passenger under 15 is a state jail felony offense, punishable by 180 days to 2 years in a state jail facility, a fine up to $10,000, license suspension, and years of probation.
• Intoxication assault: A DWI that causes serious bodily injury to another person is a third-degree felony. Penalties include 2 to 10 years imprisonment, a fine up to $10,000, driver’s license suspension, mandatory community service, and probation.
• Intoxication manslaughter: A DWI that results in another person’s death is a second-degree felony carrying severe, life-altering penalties. Hiring an experienced DWI attorney at this stage is essential.

A felony conviction in Texas can’t be expunged from your criminal record. That makes the difference between a conviction and a dismissal or charge reduction far more consequential than it might first appear.

How We Defend Felony DWI Cases in Dallas

Felony DWI cases in Dallas County move through the district courts at the Frank Crowley Courts Building. James Aulbaugh has tried cases on both sides of those courtrooms, including more than 120 jury trials, and that experience shapes how we approach the defense from day one.

Because Attorney Aulbaugh prosecuted felony cases before defending them, he knows which evidence the state relies on most heavily and where it’s most likely to break down. Every case starts with a thorough, independent investigation, a critical review of all available evidence, and a defense strategy built around the specific facts of the arrest.

Common defense strategies in felony DWI cases include:

• Challenging the traffic stop: If the initial stop lacked legal justification, evidence gathered during it may be suppressed.
• Field sobriety test challenges: These tests must follow a specific protocol; deviations from that protocol undermine the reliability of the results.
• Blood and breath test evidence: Breathalyzer calibration records and blood sample chain of custody are frequent targets for challenge.
• Constitutional violations: Unlawful search, improper arrest procedure, or Miranda violations can limit what evidence the prosecution is permitted to use.

Aulbaugh Law handles both misdemeanor and felony DWI cases in state courts throughout Texas, as well as cases in the Federal District Court for the Northern District of Texas.

What a Felony DWI Conviction Means Beyond the Sentence

The prison term and fines are serious. The long-term consequences often carry equal or greater weight. A felony DWI conviction in Texas creates a permanent criminal record that follows you into every background check an employer, landlord, or licensing board runs.

Collateral consequences of a Texas felony DWI conviction include:

• Employment: A felony conviction can disqualify candidates from many positions and may result in termination from current employment.
• Professional licenses: Teachers, nurses, commercial drivers, and others holding occupational licenses face potential suspension or revocation following a felony conviction.
• Civil rights: A felony conviction in Texas results in the loss of certain civil rights, including the right to vote while incarcerated and the right to possess a firearm.
• Financial consequences: Beyond court-imposed fines, a felony conviction typically means increased insurance rates, annual surcharges, and lasting difficulty securing employment.

These consequences are why defending against a conviction, or seeking a reduction of a felony charge to a lesser offense when supported by the facts and law, is the central goal of a felony DWI defense. Every decision we make is aimed at that goal.

Talk to a Dallas Felony DWI Attorney Before You Do Anything Else

A felony DWI charge moves quickly once the arrest is made, and early decisions affect every stage that follows. We offer free initial consultations so you can understand your situation and your options without financial pressure. Our firm operates on a transparent fee schedule and offers payment plans, because access to experienced defense shouldn’t depend on your ability to pay a large retainer upfront.

If you or someone you know is facing a felony DWI charge in Dallas or anywhere in the DFW metroplex, contact Aulbaugh Law today. Call (214) 380-3383 to schedule your free consultation with a Dallas felony DWI lawyer who has been on both sides of these cases.