San Marcos Felony DWI & Enhancements Lawyer
Experienced Defense for High-Stakes DWI Charges in Hays County
A DWI charge is serious on its own, but under Texas law, certain aggravating factors can raise a misdemeanor DWI to a felony. Felony DWI charges carry mandatory jail time, thousands of dollars in fines, and life-changing consequences that go far beyond the courtroom. If you’re facing an enhanced or felony-level DWI in San Marcos or Hays County, the time to act is now.
At The Law Offices of David C. Hardaway, we defend clients against felony DWI charges with the urgency and precision these cases demand. You’ll get straightforward answers, a tailored defense strategy, and a seasoned San Marcos DWI defense lawyer who knows how to fight for your future. We understand how prosecutors build these cases — and we know how to break them down.
What Turns a DWI Into a Felony in Texas?
Under Texas Penal Code § 49.09, several circumstances can enhance a DWI charge from a misdemeanor to a felony. These include:
- Two or more prior DWI convictions (making a new offense a third-degree felony)
- A prior conviction for intoxication manslaughter or certain other intoxication offenses
- DWI with a child passenger (a state jail felony under § 49.045)
- Intoxication assault — causing serious bodily injury while operating a vehicle under the influence (a third-degree felony or higher)
- Intoxication manslaughter — causing death while operating under the influence (a second-degree felony)
Felony enhancements are not just theoretical. Prosecutors in Hays County pursue them aggressively, especially when prior convictions or injuries are involved. Without a strong legal defense, you could be facing years in prison and the loss of many civil rights and opportunities.
Penalties for Felony DWI Convictions in Texas
The exact penalties depend on the classification of the offense but can include the following:
- State Jail Felony (e.g., DWI with child passenger): From 180 days to 2 years in state jail, up to $10,000 in fines, license suspension, and probation or community supervision in limited cases
- Third-Degree Felony (e.g., third DWI offense, intoxication assault): Two to ten years in prison, up to $10,000 in fines, mandatory ignition interlock device, and mandatory alcohol education or rehabilitation programs.
- Second-Degree Felony (e.g., intoxication manslaughter): From two to 20 years in prison, up to $10,000 in fines, and possible parole ineligibility depending on sentence structure.
Even when probation is available, many judges in San Marcos and across Hays County impose jail time as a condition — especially if there are prior convictions or aggravating factors.
What Are the Most Common DWI Enhancements in Hays County?
We routinely represent clients facing the following DWI enhancement scenarios:
- Third or more DWI offense (regardless of how long ago the priors occurred)
- Child under 15 present in the vehicle
- Accident involving serious injury or death
- Refusal to submit to a breath or blood test, resulting in a license suspension of double the length
- High BAC (blood alcohol content) of .15 or greater
Prosecutors often use enhancements to pressure defendants into pleading guilty — especially if the client has no attorney or is unaware of possible defenses. Don’t assume your case is hopeless just because you have a record or were involved in a crash.
How We Defend Felony DWI Cases in San Marcos and Hays County
Felony DWI charges require a strategic, aggressive defense. We start by reviewing every aspect of the traffic stop, arrest, testing process, and prior conviction history. Common defense strategies may include:
- Challenging the legality of the stop or arrest
- Suppressing improperly obtained or mishandled blood or breath evidence
- Disputing whether the prior convictions qualify for enhancement
- Demonstrating lack of serious injury (to reduce intoxication assault to misdemeanor DWI)
- Challenging the accuracy of the breath or blood specimen collected
Not every case will go to trial, but we prepare every case as if it will. That’s how we get leverage in negotiations — and how we make sure we’re ready for anything.
We Know the Local Courts — and How to Navigate Them
We’ve defended clients in felony DWI cases in San Marcos, Kyle, Buda, Dripping Springs, and other communities throughout Hays County. We know the local court system, the judges, and how the prosecutors build their cases. That local knowledge, combined with our strategic approach, makes a real difference in outcomes.
Protect Your Rights — Contact Us Today
If you’ve been charged with felony DWI or an enhanced DWI offense in San Marcos or Hays County, don’t wait to get legal help. You’re facing steep penalties, and every decision you make from here on out matters. Call The Law Offices of David C. Hardaway today. We’ll review your case, explain your options, and give you the honest, straightforward legal advice you need to move forward. We’re not here to scare you — we’re here to protect you.
