Felony DWI Defense in Amarillo

Your Attorney from the Bond Hearing Forward

A felony DWI arrest raises immediate questions about release, driving privileges, and what happens next. We begin the defense at the bond hearing and remain directly involved through each stage of the criminal case. At Law Offices of D. Chris Hesse, Attorney D. Chris Hesse personally handles every case instead of delegating the representation to a paralegal or junior attorney.

Clients communicate directly and continuously with our attorney as the charge moves through the legal system. This one-on-one approach gives us the information needed to examine the current allegation, earlier convictions cited by the prosecution, and scientific evidence that may affect the defense.

Call (806) 350-6785 to discuss a felony DWI charge in Amarillo directly with our attorney.

How a DWI Becomes a Felony Under Texas Law

Under Texas Penal Code §49.09(b), driving while intoxicated is generally charged as a third-degree felony when the accused has two prior convictions for offenses involving the operation of a motor vehicle while intoxicated. The statute also provides for felony treatment when a person has one prior intoxication manslaughter conviction or a substantially similar conviction from another state.

Texas Penal Code §49.09 doesn’t establish a lookback period for prior DWI convictions used to enhance a new charge. An older qualifying conviction may therefore be used with another qualifying offense, making careful review of the records essential. We examine both the present allegation and the convictions the prosecution claims support the enhancement.

Texas law calls the offense felony DWI, although it’s sometimes described as felony DUI. Court filings generally use the term driving while intoxicated.

Penalties for a Third-Degree Felony DWI in Texas

A felony conviction can carry consequences beyond the immediate criminal proceedings. The sentence depends on the applicable law, the case record, and the court’s decisions.

Potential consequences of a third-degree felony DWI conviction include:

• Prison: Two to 10 years in the Texas Department of Criminal Justice.
• Fine: A criminal fine of up to $10,000.
• Community Supervision: If community supervision is granted for a third or subsequent DWI, Texas law requires at least 10 days in county jail as a condition of probation.
• Driver’s License Suspension: A suspension lasting no less than 180 days and no more than two years for a conviction punished as a felony DWI.

Refusing a breath or blood specimen can also trigger a separate administrative driver’s license suspension. That action may proceed regardless of how the criminal charge is resolved, so it must be addressed separately from the felony prosecution.

The Felony DWI Process in Potter County

A felony DWI case follows a different path from the county-court process used for misdemeanor first- and second-offense charges. We represent clients from the bond hearing forward while tracking both the criminal case and any separate Department of Public Safety license proceeding.

Grand Jury & District Court Proceedings

The felony allegation must be presented to a grand jury for indictment. If an indictment is returned, the case proceeds in the Potter County District Courts rather than the county courts that hear misdemeanor DWI charges. The 47th Judicial District Attorney’s Office prosecutes felony offenses in Potter County.

We assess the legal basis for the charge and the evidence the prosecution intends to use. We also evaluate dismissal, charge reduction, and pre-trial diversion where applicable. Availability depends on the allegations, evidence, criminal history, and procedural record, and no particular resolution can be promised.

Administrative License Revocation Hearings

The administrative license revocation process is separate from the criminal prosecution. It concerns the Department of Public Safety’s authority to suspend driving privileges after an alleged refusal or other qualifying event. We handle administrative license revocation hearings alongside the criminal defense while treating each proceeding according to its distinct requirements.

Scientific Evidence Review in Felony DWI Cases

D. Chris Hesse served as a prosecutor with the Potter County Attorney’s Office from 2006 to 2007. That background informs how we review charging decisions, anticipated prosecution evidence, and the procedural development of a felony case.

He also holds forensic chromatography certification. Forensic chromatography involves methods used to separate and analyze chemical substances, including compounds measured in laboratory testing. He applies that training when assessing chemical test evidence in DWI and other felony charges.

Scientific evidence may include laboratory testing and other materials offered to support an allegation of intoxication. We consider what was tested, what the reported results state, and how the prosecution seeks to use those results. The defense then reflects the specific evidence, alleged conduct, criminal record, and procedural history.

Discuss Your Felony DWI Charge with Our Attorney

We offer free consultations for DWI matters so you can discuss the charge and next procedural steps directly with us. Our contact page also includes a form for consultation requests.

Call (806) 350-6785 to request your free felony DWI consultation with Law Offices of D. Chris Hesse.