Lee County Felony DWI & Enhancements Lawyer

A felony DWI charge in Lee County carries consequences that reach far beyond a single court date. When Texas elevates a DWI to felony status, the criminal justice system shifts into a different gear entirely, and the prosecution approach, the sentencing exposure, and the long-term collateral consequences all change in ways that demand a serious, prepared defense. Lee County felony DWI & enhancements lawyer representation requires someone who understands how the District Attorney’s office pursues these cases, how prior convictions are documented and introduced, and how enhancement allegations can be attacked before they compound an already difficult situation.

Lee County sits between Bastrop and Milam counties in Central Texas, and its residents often travel Highway 77 and Highway 21 through Giddings and the surrounding communities for work, family, and commerce. Traffic stops along these corridors and at county checkpoints have produced felony DWI arrests that now sit in the Lee County District Court, waiting for defendants who may not yet understand what they are actually facing. A third DWI, a DWI involving a child passenger, or a DWI causing serious bodily injury or death each carry different statutory frameworks, different plea dynamics, and different defense angles. The Law Offices of David C. Hardaway represents people charged with these offenses across Lee County and throughout Central Texas.

This page addresses what actually separates a felony DWI from a misdemeanor, how enhancement allegations work under Texas law, and what a defendant in Giddings or anywhere in Lee County should understand before their case moves through the district court system.

When a DWI Becomes a Felony in Texas: The Enhancement Pathways

Texas law creates several distinct routes by which a DWI offense crosses from misdemeanor into felony territory. Understanding each pathway matters because the defense approach, the evidentiary issues, and the sentencing exposure differ depending on which enhancement applies, and sometimes multiple enhancements are alleged in the same indictment.

• Third-Offense DWI: A DWI charge becomes a third-degree felony when a defendant has two prior DWI convictions. The prosecution must prove those prior convictions through certified records, and challenging the admissibility or accuracy of those records is often a central part of the defense strategy. Gaps in documentation, jurisdictional questions, or plea irregularities in prior cases can undermine the enhancement allegation.
• DWI with Child Passenger: Transporting a passenger under the age of 15 while intoxicated is charged as a state jail felony under Texas law, regardless of any prior DWI history. This enhancement is fact-specific and depends on what the arresting officer documented at the scene, so early investigation of the stop and arrest records matters considerably.
• Intoxication Assault: When someone suffers serious bodily injury as a result of an intoxicated driver, the charge moves into intoxication assault, a third-degree felony. These cases involve medical records, accident reconstruction, and often expert testimony, all of which create opportunities for meaningful defense work.
• Intoxication Manslaughter: The death of another person during a DWI incident produces an intoxication manslaughter charge, a second-degree felony. These are among the most serious DWI-related prosecutions, and they involve law enforcement investigation, toxicology, and complex causation questions that require thorough pre-trial preparation.
• DWI with BAC Enhancement: A BAC of 0.15 or higher at the time of testing elevates a first DWI from a Class B misdemeanor to a Class A misdemeanor under Texas law. This is not a felony on its own, but it can interact with prior convictions to accelerate the enhancement pathway to felony status, and it affects eligibility for ignition interlock requirements and other conditions.
• Prior Felony DWI with Subsequent Offense: If a defendant has already been convicted of a felony DWI and is charged again, the new charge escalates to a second-degree felony, bringing a potential sentencing range with considerably greater incarceration exposure than the underlying third-degree felony would carry.

What Defending a Felony DWI in Lee County Actually Looks Like

The procedural path for a felony DWI in Lee County runs through the district court in Giddings. Unlike misdemeanor DWI cases, which are handled at the county court level, felony DWIs require grand jury indictment before the case proceeds to arraignment and eventual trial. This creates a window, often underutilized, during which a prepared defense attorney can present exculpatory information to the grand jury or engage with the prosecution before the indictment issue is finalized.

Once indicted, the case moves through pretrial hearings where motions to suppress evidence play a significant role. In DWI cases, the most common suppression targets are the legality of the initial traffic stop, the administration of field sobriety tests, and the handling and calibration of the breath or blood testing equipment. Texas law has specific requirements around blood draw procedures, and violations of those requirements can result in the BAC evidence being excluded from trial. When the prosecution loses its BAC evidence, the case often becomes significantly more difficult to sustain.

Prior conviction records used to support enhancement allegations must also withstand legal scrutiny. The prosecution cannot simply assert that a defendant has two prior DWIs and move forward. Those prior convictions must be proved through proper documentation, and defense counsel has the right to examine and challenge those records. Incomplete records, records from jurisdictions that have different charging frameworks, or cases where prior counsel may not have properly admonished the defendant of the consequences of a plea can all create viable challenges to the enhancement portion of the indictment.

When the evidence is strong and the enhancement allegations are solid, the defense work shifts toward plea negotiations, mitigating evidence, and preparation for sentencing. Felony DWI sentences in Texas can include probation, often called community supervision, in lieu of prison time for defendants who qualify. Negotiating the conditions of that supervision, including requirements around ignition interlock devices, alcohol monitoring, and treatment programs, is a significant part of representing someone in a felony DWI case where incarceration is not the likely outcome.

What to Do After a Felony DWI Arrest in Lee County

The period immediately following a felony DWI arrest in Lee County is one of the most consequential, and most misunderstood, phases of the entire case. Decisions made in the first 24 to 72 hours can materially affect what defenses remain available later. The first and most durable piece of practical advice is straightforward: do not speak to law enforcement about the incident, not at the scene, not at the jail, and not afterward without legal representation present. Anything said during that window will appear in reports reviewed by the prosecutor and potentially by a jury.

Bond in a felony DWI case is set by a judge, not a magistrate using a standard schedule, and conditions of release often include alcohol monitoring requirements. Understanding those conditions and complying with them precisely matters because violations can result in bond revocation and pre-trial detention. If a blood draw was performed during the arrest, there are administrative timelines related to the Texas Department of Public Safety that run independent of the criminal case, particularly around driver’s license suspension. A felony DWI attorney serving Lee County clients can help address both the criminal case and the administrative license proceedings simultaneously.

The Lee County District Court is located in Giddings, the county seat, at the Lee County Courthouse on West Court Street. Felony cases are handled by the district court judge, and the district attorney’s office for Lee County manages prosecution. Defendants should gather any documentation they have from the arrest, including the citation, any paperwork provided at the jail, and any documentation of the field sobriety testing or breath test that was administered at the scene or station. Preserving this material early allows defense counsel to compare it against the official police reports and identify inconsistencies before the case advances.

One of the most common and damaging mistakes defendants make in felony DWI cases is delay. Waiting to retain counsel until after the first court date, or attempting to represent themselves at arraignment to “see what happens,” almost always narrows the options available. Retaining a Lee County felony DWI attorney before the indictment stage allows for the most complete pre-trial strategy.

Why The Law Offices of David C. Hardaway for a Lee County Felony DWI

The Law Offices of David C. Hardaway represents clients across a wide span of Central Texas counties, including Lee County, in serious criminal cases including felony DWI and enhancement-related charges. The firm’s client reviews consistently reflect a specific kind of representation: direct communication about what is actually happening in a case, personal accessibility when questions arise, and substantive investigation that goes beyond accepting the prosecution’s narrative.

Multiple clients have specifically noted that David Hardaway and his team pursued dismissals rather than settling for convictions, conducted thorough independent investigations, and made the effort to understand each case as its own matter rather than as one file among many. One client described having their case dismissed as a result of that investigative work. Another noted that a complex case resulted in an acquittal. These outcomes reflect the kind of defense work that felony DWI cases require, where evidence is examined methodically, enhancement allegations are challenged rather than accepted, and trial preparation is treated as a serious exercise rather than a fallback option.

The firm handles DWI matters at every level of severity, from first-time misdemeanor arrests to felony-level charges involving prior convictions, injury, and death. That range of experience matters in enhancement cases because understanding the full spectrum of DWI prosecution and defense gives counsel a clearer picture of where leverage exists and where it does not. The firm’s offices are located in downtown San Marcos, and it regularly serves clients in Lee County and the surrounding region.

Questions About Lee County Felony DWI Cases

What makes a DWI a felony in Texas rather than a misdemeanor?

Texas elevates a DWI to felony status under several specific circumstances: two prior DWI convictions, the presence of a child passenger under 15, serious bodily injury caused to another person during the offense (intoxication assault), or the death of another person (intoxication manslaughter). Each of these pathways carries distinct penalties and involves different proof requirements for the prosecution.

How does the prosecution prove prior convictions for a DWI enhancement in Lee County?

The district attorney’s office must produce certified records of each prior conviction. These records must be properly authenticated and must show that the defendant is the same person who was previously convicted. If those records are incomplete, contain errors, or were obtained from a jurisdiction with different charging standards, there may be grounds to challenge whether the enhancement allegation is properly supported.

What is the sentencing range for a third-degree felony DWI in Texas?

Under current Texas law, a third-degree felony carries a range of two to ten years in state prison and a fine of up to $10,000. However, defendants who qualify may be eligible for probation (community supervision) as an alternative to incarceration, depending on prior criminal history, the facts of the case, and other factors a court considers at sentencing.

Can a felony DWI charge in Lee County be reduced to a misdemeanor?

In some circumstances, negotiation with the district attorney’s office can result in a reduced charge, though this depends heavily on the strength of the evidence, the nature of any prior record, and the specific facts of the arrest. Successful suppression of key evidence, such as blood alcohol results, can significantly change the prosecution’s position on potential plea offers.

How long will a felony DWI case take to resolve in Lee County District Court?

Felony DWI cases typically take longer than misdemeanor cases because they require grand jury indictment, more extensive pretrial proceedings, and often more complex evidence disputes. Cases in smaller county courts like Lee County can move at varying speeds depending on court docket pressure and the complexity of the individual case. Defendants should expect a process that spans months, not weeks, and preparation during that time is valuable.

Will I lose my driver’s license after a felony DWI arrest in Texas?

Texas operates a two-track system where a criminal DWI case and a Texas DPS administrative license revocation proceeding run simultaneously. An arrest for DWI triggers a window during which a defendant must request an administrative hearing to contest the suspension or risk an automatic loss of driving privileges. A felony DWI attorney can handle both tracks concurrently and request the ALR hearing within the required timeframe.

Does a felony DWI conviction affect gun rights in Texas?

Yes. A felony conviction in Texas results in the loss of the right to possess a firearm under both state and federal law. This is a significant and often overlooked consequence of a felony DWI conviction that affects many Texans, particularly in rural communities like those in Lee County where firearm ownership is common. This collateral consequence is one reason why fighting the felony enhancement allegation specifically, rather than accepting a plea to a felony offense, can matter beyond the immediate sentencing outcome.

Can I get a felony DWI expunged from my record in Texas?

Texas expunction law does not permit expunction of a felony DWI conviction. Expunction is available in certain circumstances where charges were dismissed or resulted in acquittal, but a conviction itself cannot be removed from the record. This makes the outcome of the case itself critical, because there is no post-conviction remedy that restores a clean record once a felony DWI is on it.

What happens if I was on probation for a prior DWI when I was arrested for a new DWI in Lee County?

A new DWI arrest while on probation for a prior DWI creates two simultaneous legal problems: the new criminal case and a likely motion to revoke or adjudicate the existing probation. The probation revocation process is handled separately from the new charge and can result in the original sentence being imposed even if the new case is ultimately dismissed or resolved favorably. Handling both matters at the same time requires coordinated defense strategy.

How does an intoxication assault charge differ from a standard felony DWI in terms of defense approach?

Intoxication assault cases introduce causation as a central issue that does not appear in standard DWI cases. The prosecution must prove not only that the defendant was intoxicated but that the intoxication caused the injury. Defense work in these cases often involves accident reconstruction experts, medical record review, and scrutiny of whether contributing factors independent of the defendant’s intoxication played a role in the collision. This creates defense angles that a straightforward DWI case does not present.

Serving Lee County and Central Texas in Felony DWI Cases

The Law Offices of David C. Hardaway represents clients charged with felony DWI and enhancement-related offenses throughout Lee County and across a wide region of Central Texas. In Lee County specifically, the firm serves individuals in Giddings, Lexington, Dime Box, Lincoln, and the rural communities throughout the county who may be facing charges in the Lee County District Court. The firm’s Central Texas reach extends considerably further, covering clients in neighboring Bastrop County through Bastrop, Elgin, and Smithville, and into Caldwell County through Lockhart and Luling.

To the west, the firm represents clients across Hays County in San Marcos, Kyle, and Buda, and handles cases extending into Comal County through New Braunfels and Gruene. Guadalupe County clients in Seguin, Schertz, and Cibolo also regularly work with the firm. The firm’s practice extends north toward Williamson County through Georgetown and Round Rock, and into Travis County and the Austin metro. South of the Hill Country, the firm covers Bexar County cases, and its offices in Fredericksburg serve clients throughout Gillespie County and the surrounding Hill Country region. The Brenham office addresses cases in Washington County and the communities between Austin and Houston. Whether a client is traveling Highway 77 through Giddings or commuting along I-35 through any of the Central Texas communities the firm serves, the geographic reach of the practice is designed to meet clients where they actually live and work.

Contact a Lee County Felony DWI Attorney Who Will Actually Prepare Your Case

A felony DWI case in Lee County is not a situation that resolves itself favorably without deliberate, prepared legal work. The enhancement allegations have to be examined, the evidence has to be tested, and the procedural options have to be exercised at the right times. The Law Offices of David C. Hardaway provides exactly that kind of representation as a Lee County felony DWI attorney who handles these cases with the same rigorous investigation and strategic preparation that the firm brings to every serious criminal matter across Central Texas.

Call our office today to schedule a confidential consultation. We will give you a direct, honest assessment of where your case stands and what options are realistically available to you.