New Braunfels Felony DWI & Enhancements Lawyer

A felony DWI charge in New Braunfels carries consequences that reach far beyond a fine or a suspended license. We are talking about prison time, permanent felony records, and collateral consequences that follow a person into every job application, housing search, and custody proceeding for the rest of their life. When a DWI gets elevated to felony status, the legal machinery shifts into a higher gear, and the margin for error in your defense gets razor thin. New Braunfels felony DWI & enhancements lawyer David C. Hardaway represents people facing exactly this situation, in Comal County courts and across the surrounding region.

New Braunfels sits at the intersection of IH-35 and State Highway 46, two of the most heavily patrolled corridors in Central Texas. The Comal County Sheriff’s Office, New Braunfels Police Department, and Department of Public Safety troopers all operate actively on these roads, and the area’s entertainment economy, anchored by the Comal and Guadalupe rivers, Schlitterbahn, and a dense concentration of bars and restaurants along Common Street and Seguin Avenue, generates a high volume of DWI arrests. For many people, what starts as a misdemeanor stop becomes something far more serious once prosecutors examine prior convictions, the presence of a child passenger, or accident circumstances. That escalation into felony territory changes everything about how the case must be approached.

The Law Offices of David C. Hardaway handles felony DWI defense with the same investigative depth and strategic focus that serious charges demand. If you have been charged with a third-offense DWI, a DWI with a child passenger, or an intoxication assault or intoxication manslaughter, the path forward starts with understanding exactly how the state intends to build its case and where that case can be challenged.

What Actually Triggers Felony DWI Status in Texas

Texas law draws clear lines between misdemeanor and felony DWI, and knowing which category applies to your situation determines how your case will be prosecuted, where it will be heard, and what sentencing range the prosecutor can seek. A first or second DWI without aggravating factors is typically a misdemeanor. The moment certain facts are present, the charge escalates, sometimes dramatically.

A third DWI conviction, regardless of how long ago the prior offenses occurred, becomes a third-degree felony under Texas law. There is no look-back period that erases old DWI convictions from your record for enhancement purposes. A conviction you received decades ago can still be used to push a new charge from misdemeanor to felony. This surprises many people who believe that enough time has passed for prior convictions to become irrelevant. They have not.

A DWI with a child passenger, meaning a child under fifteen years old is in the vehicle at the time of the arrest, is charged as a state jail felony regardless of whether the driver has any prior DWI history. Intoxication assault, which occurs when a person causes serious bodily injury to another person while driving intoxicated, is a third-degree felony. Intoxication manslaughter, the most serious DWI-related charge, is a second-degree felony and can result in decades in prison. These charges frequently arise from accidents on IH-35 between San Marcos and San Antonio, on FM 306 near Canyon Lake, and on SH-46 through Bulverde and Spring Branch.

Enhancements can also layer on top of base felony charges. Prior felony convictions, the use of a deadly weapon finding, or the involvement of a peace officer, firefighter, or emergency medical personnel as the injured party can all push the sentencing range even higher. Understanding the specific enhancement allegations in the indictment is the first step toward building a credible defense.

Felony DWI Charges Filed in Comal County and Surrounding Courts

• Third-Offense Felony DWI: Charged as a third-degree felony under Texas Penal Code, punishable by two to ten years in the Texas Department of Criminal Justice, plus fines. Prior DWI convictions from any Texas county, or convictions from other states, can be used to establish the enhancement.
• DWI with Child Passenger: A state jail felony triggered when a person drives while intoxicated with a passenger under fifteen in the vehicle. State jail felonies carry confinement in a state jail facility rather than a prison unit, with ranges typically between 180 days and two years.
• Intoxication Assault: Filed when an intoxicated driver causes serious bodily injury, meaning injury creating a substantial risk of death or causing permanent disfigurement or loss of use of a body part. These cases often involve accident reconstruction experts, toxicology disputes, and complex causation questions.
• Intoxication Manslaughter: A second-degree felony carrying two to twenty years in prison when an intoxicated driver causes the death of another person. Prosecutors treat these cases as high-priority and typically assign experienced trial attorneys. The factual and scientific issues are often genuinely contested.
• Felony DWI with Prior Felony Enhancement: When a person already has a prior felony conviction, a new felony DWI can be enhanced further, pushing the punishment range into first-degree territory in certain circumstances. The stacking of enhancements requires careful legal analysis of the prior conviction records.
• Commercial Driver Felony DWI: CDL holders face a lower blood alcohol threshold under federal regulations and state law, and a felony DWI conviction means permanent disqualification from operating commercial vehicles, ending careers in trucking, delivery, and transportation industries that are central to the IH-35 corridor economy.
• Boating While Intoxicated with Enhancement: The Guadalupe and Comal rivers draw significant boating traffic, and BWI charges can escalate to felony status through the same prior conviction and injury mechanisms that apply to vehicular DWI.

What a Felony DWI Defense Actually Looks Like

A felony DWI case involves layers of evidence that a serious defense attorney has to examine independently. The traffic stop itself is the foundation. If the officer lacked reasonable suspicion to initiate the stop, everything that follows can potentially be suppressed. That analysis requires reviewing dashcam footage, body camera recordings, dispatch logs, and the officer’s written reports to identify any inconsistencies.

Standardized field sobriety tests are administered according to specific protocols developed by the National Highway Traffic Safety Administration. Deviations from those protocols, improper lighting conditions, uneven pavement on the roadside, medical conditions that affect balance or eye movement, and footwear all factor into whether the test results are reliable enough to use at trial. Blood or breath test results raise their own set of questions. Chain of custody for blood samples, calibration records for breathalyzer devices, storage conditions, and lab procedures are all potential sources of challenge.

In intoxication assault and intoxication manslaughter cases, the question of causation matters enormously. Prosecutors must prove that the intoxication caused the accident or injury, not simply that the defendant was intoxicated when an accident occurred. Other drivers, road conditions, mechanical failures, and environmental factors can all bear on causation. Accident reconstruction experts, biomechanical experts, and independent toxicologists are tools that belong in serious felony DWI defense, and The Law Offices of David C. Hardaway brings that level of preparation to these cases.

Prior conviction records used for enhancement purposes also deserve scrutiny. If a prior DWI conviction was obtained without valid waiver of constitutional rights, or if the records used to prove the prior conviction are incomplete or inaccurate, those enhancement allegations may be contestable. This is a technical area that rewards careful document review and knowledge of Texas criminal procedure.

If You Have Been Charged, Here Is What the Comal County Process Looks Like

Felony DWI charges in New Braunfels are processed through the Comal County District Courts, located at the Comal County Courthouse at 150 N. Seguin Avenue in New Braunfels. Felony cases are filed in the district courts rather than the county courts at law, and an indictment by a grand jury is typically required before the case formally proceeds. That grand jury stage is an opportunity that many people and their attorneys overlook. Presenting mitigating information, identifying deficiencies in the state’s evidence, or in appropriate cases, working toward a no-bill, can make a significant difference before trial preparation even begins.

After indictment, the case moves through arraignment, pretrial hearings, and motions practice before reaching trial or a negotiated resolution. Motions to suppress evidence, motions challenging the admissibility of test results, and motions addressing constitutional issues with the stop and arrest are all potential tools at this stage. The Comal County District Attorney’s Office prosecutes felony DWI cases seriously, particularly when injuries or deaths are involved or when the defendant has a prior record, so the defense has to match that intensity.

One of the most immediate practical concerns after a felony DWI arrest is your driver’s license. Texas law allows the Department of Public Safety to administratively suspend your license based on the arrest, and you have only a limited window after the arrest to request a hearing to contest that suspension. Missing that deadline means an automatic suspension that takes effect independently of anything that happens in the criminal case. Retaining a felony DWI attorney in New Braunfels immediately after an arrest preserves your ability to contest both the criminal charges and the administrative suspension.

Do not make statements to law enforcement beyond identifying yourself. Do not consent to searches. Do not attempt to explain your way out of a felony DWI charge without counsel. Anything said at the scene or during booking can and will be used in the criminal case, and statements that seem harmless in the moment often become significant at trial.

Questions People Ask About Felony DWI in New Braunfels

What makes a DWI a felony instead of a misdemeanor in Texas?

In Texas, a DWI becomes a felony when it is the person’s third or subsequent DWI offense, when a child under fifteen is a passenger in the vehicle, or when the intoxicated driving causes serious bodily injury or death to another person. The prior convictions used to elevate the charge can come from anywhere in Texas or from other states, and there is no time limit that makes old DWI convictions irrelevant for enhancement purposes.

What is the sentence range for a third-offense felony DWI in Texas?

A third DWI in Texas is classified as a third-degree felony, which carries a sentencing range of two to ten years in the Texas Department of Criminal Justice and a fine of up to ten thousand dollars. Probation is possible for third-degree felonies in some circumstances, but it is not guaranteed, and prior record and facts of the offense will heavily influence whether a judge or jury would consider it.

Can an old DWI from another state count toward felony enhancement in Texas?

Yes. Texas law permits out-of-state DWI convictions to be used as prior convictions for enhancement purposes, as long as the prior offense would have been substantially similar to a Texas DWI offense. The records from the other jurisdiction must be properly authenticated and produced, but the geographic origin of the prior conviction does not protect someone from the enhancement.

Will a felony DWI conviction in Comal County show up on background checks permanently?

Felony convictions in Texas are generally permanent on criminal records. Nondisclosure and expunction are not available for most DWI convictions under Texas law, and felony DWI convictions carry particularly limited relief options. This is one of the reasons that fighting the charge at the front end, rather than accepting a plea without fully exploring the defense, matters so much.

Can I lose my professional license if I am convicted of a felony DWI in Texas?

Yes, depending on your profession. Texas licensing boards for nurses, teachers, attorneys, real estate agents, pharmacists, medical professionals, and many other licensed occupations have authority to discipline or revoke licenses based on felony convictions. If you hold a professional license, a felony DWI conviction triggers mandatory reporting obligations and potential licensing consequences that compound the direct criminal penalties.

Does a felony DWI affect immigration status?

For non-citizens, a felony DWI conviction can have serious immigration consequences, including grounds for removal or inadmissibility, depending on the specific charge and the person’s immigration status. Intoxication assault and intoxication manslaughter, in particular, can qualify as crimes involving moral turpitude or aggravated felonies under federal immigration law. Anyone who is not a U.S. citizen should make certain their criminal defense attorney understands the immigration stakes before any plea is entered.

How long does a felony DWI case typically take to resolve in Comal County?

Felony cases in Comal County courts move at varying speeds depending on the complexity of the evidence, the court’s docket, and whether the case proceeds to trial or resolves through negotiation. Cases involving intoxication assault or manslaughter with contested scientific evidence can take a year or longer from indictment through resolution. Cases with cleaner records and less complex facts may move more quickly. Pretrial motions practice, grand jury proceedings, and scheduling dynamics all affect the timeline.

What happens to my driver’s license immediately after a felony DWI arrest in Texas?

Texas law triggers an administrative license suspension process separate from the criminal case. After a DWI arrest where you either failed or refused a breath or blood test, the Department of Public Safety initiates a suspension proceeding. You have a limited number of days from the date of arrest to request an Administrative License Revocation hearing to contest the suspension. Missing that window results in automatic suspension. Handling both the administrative proceeding and the criminal case simultaneously requires prompt action.

Is it possible to get probation instead of prison for a felony DWI in Texas?

Community supervision, which is what Texas calls probation, is possible for some felony DWI convictions, particularly at the third-degree or state jail felony level. However, certain enhancements, mandatory minimums that apply after conviction of a prior felony, and the circumstances of the offense can limit or eliminate probation eligibility. The availability of community supervision is heavily fact-dependent and requires a careful analysis of both the charged offense and the defendant’s prior record.

What should I do if I was involved in an accident and the police want to draw my blood without my consent?

In Texas, law enforcement can obtain a warrant authorizing a blood draw if they have probable cause to believe you were intoxicated. In certain circumstances involving death or serious injury, warrantless blood draws may be authorized under specific statutory provisions, though the legal limits on those provisions continue to evolve through court decisions. Whether a blood draw was properly obtained is a question that deserves careful legal analysis, and the results may be subject to suppression if constitutional requirements were not met.

Defending Felony DWI Clients Across New Braunfels and Central Texas

The Law Offices of David C. Hardaway represents clients facing felony DWI charges throughout New Braunfels and across the broader Central Texas region. In Comal County, we handle cases arising in New Braunfels, Canyon Lake, Spring Branch, Bulverde, Smithson Valley, Fischer, Sattler, Garden Ridge, and the rural communities of western Comal County along FM 306 and SH-46. To the north and east, we represent clients from San Marcos, Kyle, Buda, Wimberley, Lockhart, and Seguin. South toward San Antonio, we defend people charged in Schertz, Cibolo, and throughout Guadalupe County. Our practice also extends north along IH-35 through Buda and Kyle into Austin and the Williamson County courts in Georgetown and Round Rock, and east toward Bastrop and the surrounding communities. Clients from Fredericksburg, Kerrville, and the Hill Country communities of Kerr County also retain our firm for serious DWI defense, and we handle cases in Llano County and the Highland Lakes area. The New Braunfels office on Seguin Avenue and the firm’s additional locations make it straightforward for clients across this corridor to work with us directly.

Speak With a New Braunfels Felony DWI Attorney About Your Case

Felony DWI charges in Comal County move through a court system that does not slow down and does not grant second chances on missed deadlines. Clients who have worked with The Law Offices of David C. Hardaway describe a firm that communicates directly, stays accessible, and treats each case with the seriousness it deserves. Those qualities matter in a felony case, where the difference between a thorough defense and a rushed one can mean the difference between a conviction and a dismissal, or between prison time and community supervision. Reviews from former clients consistently point to responsive communication, honest assessments, and representation that produced real results in difficult situations.

If you are looking for a New Braunfels felony DWI attorney who will examine every element of the state’s case, contest the evidence where it can be challenged, and give you a clear picture of your options from the start, contact The Law Offices of David C. Hardaway for a confidential consultation. The sooner you get counsel involved, the more tools remain available to your defense.