Felony DWI Protecting & Defending the Rights of the Accused

Felony DWI Lawyer in Bryan, TX

Prosecution Experience & Board Certification on Your Side

A felony DWI charge in Texas isn’t a more serious version of a standard misdemeanor. It’s a different legal situation entirely. The penalties are steeper, the collateral consequences are permanent, and the prosecution team handling your case in Brazos County District Court has significant resources and experience. You need an attorney who has sat at that table before, on the other side of it.

Jay Granberry spent 10 years as an Assistant District Attorney building the kinds of cases you’re now facing. He knows how the Brazos County District Attorney’s Office approaches felony DWI charges, what evidence they rely on most, and where that evidence can be challenged. He is also Board Certified in Criminal Law by the Texas Board of Legal Specialization, a designation held by fewer than 7% of Texas attorneys, requiring a rigorous exam, peer references, and demonstrated courtroom experience.

Facing a felony DWI charge in Bryan or Brazos County? Call The Law Office of Jay Granberry today at (979) 378-5480 for a free consultation.

Why Jay Granberry’s Background Matters for Felony DWI Cases

More than 130 jury trials as lead attorney, including felony cases, give Jay Granberry a depth of courtroom experience that goes beyond familiarity with the law. He understands how juries respond to blood alcohol evidence, how judges in Brazos County weigh motions to suppress, and how charging decisions get made at the DA’s office. That knowledge doesn’t come from studying prosecution strategy. It comes from years of practicing it.

Board Certification in Criminal Law through the Texas Board of Legal Specialization requires at least five years in practice, a rigorous written examination, peer references, and continuing legal education. It confirms ongoing mastery across the full range of Texas criminal law, including the procedural and evidentiary rules specific to felony DWI prosecutions. Most criminal defense attorneys in Texas don’t hold this designation.

Jay Granberry also served as past president of the Brazos County Bar Association, reflecting long-standing ties to the local legal community and the courts where your case will be heard. We serve clients in Bryan, College Station, and throughout Brazos County. Consultations are free.

How Felony DWI Cases Move Through Brazos County Courts

Felony DWI charges in Brazos County are prosecuted by the Brazos County District Attorney’s Office and heard in the Brazos County District Courts in Bryan. Under local rules, all felony charges and any associated misdemeanor charges against the same defendant are consolidated in the district court. A felony DWI can pull in related charges, and the entire matter is handled before one judge and one prosecution team.

Knowing how individual judges in these courtrooms approach felony DWI sentencing, bond conditions, and evidentiary motions is a practical advantage that broad legal knowledge alone can’t provide. Local experience in these specific courts shapes how we build your defense from the first appearance through any trial.

Act Within 15 Days of Your Arrest

After a DWI arrest in Texas, you have only 15 calendar days to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety. Missing that deadline means automatic license suspension regardless of how your criminal case resolves. Retaining an attorney quickly also preserves the ability to challenge evidence before it becomes harder to contest and to address bond conditions before they’re locked in.

Call The Law Office of Jay Granberry at (979) 378-5480 for a free consultation. We can review your charges, explain your options, and act on the deadlines that matter.

When a DWI Charge Becomes a Felony in Texas

Texas law creates four distinct paths to a felony DWI charge, each governed by a different statute and carrying its own penalty range. Understanding which applies to your situation is the first step in building a defense.

Third or Subsequent DWI

Under Texas Penal Code section 49.09(b), a third or subsequent DWI conviction is a third-degree felony, carrying 2 to 10 years in the Texas Department of Criminal Justice and a fine of up to $10,000. Texas has no look-back limit on prior convictions, so a DWI from 20 years ago still counts. If probation is granted, the defendant must still serve a minimum of 10 to 180 days in jail as a condition of that probation.

DWI with a Child Passenger

Under Texas Penal Code section 49.045, driving while intoxicated with a passenger younger than 15 is a state jail felony regardless of prior convictions or whether the child was injured. The penalty is 180 days to 2 years in a state jail facility and a fine of up to $10,000. Time served in a state jail facility is day-for-day with no parole eligibility. This charge can also trigger a separate child endangerment charge under Texas Penal Code section 22.041 and a CPS investigation that may affect parental rights and custody independently of the criminal case.

Intoxication Assault

Under Texas Penal Code section 49.07, intoxication assault is charged when an intoxicated driver causes serious bodily injury to another person by accident or mistake. It is a third-degree felony carrying 2 to 10 years in TDCJ and a fine of up to $10,000.

Intoxication Manslaughter

Under Texas Penal Code section 49.08, intoxication manslaughter is a second-degree felony when an intoxicated driver causes another person’s death. The penalty is 2 to 20 years in TDCJ and a fine of up to $10,000. If the victim is a peace officer, firefighter, emergency medical services personnel, or judge acting in an official capacity, the charge is enhanced to a first-degree felony.

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"They do it right and have my total trust."
Referred to me by another attorney's office. Hired him to represent Grandson attending A&M re marijuana charge. The day I was notified of this matter while on vacation, we hired Mr. Granberry by phone from a parking lot in California. Did so based on his friendly, totally professional assessment of the case and straight forward demeanor in that phone call. I came away from that call convinced he would treat my grandson as more than just a "case".
He interviewed grandson put him at ease and moved forward with the case efficiently and effectively. The proceedings went exactly as he described for the agreed fee with no hidden surprises. He and his office were thoroughly responsive throughout the process and while being totally professional were very supportive of my miscreant grandson. Provided much more than just legal service, although that was first rate. They do it right and have my total trust. Highly recommend this firm and Mr. Granberry.

- John
"He constantly exceeded my expectations when it came to my case."
Jay was an extremely poignant lawyer that provided me with all of the help I needed and more. He constantly exceeded my expectations when it came to my case, and was always punctual as well. I would absolutely hire him again.

- Former Client
"He addressed any and all questions and concerns I may have had in a timely and highly educated manner no matter what time of day it was."
Jay Granberry is by far one the best lawyers in B/CS he worked tirelessly and with great amounts of effort for me. He addressed any and all questions and concerns I may have had in a timely and highly educated manner no matter what time of day it was. If it weren't for him I wouldn't be so fortunate as to be able to commend him as I am now. He is compassionate, fair, understanding, and I have the utmost respect for him. I am forever grateful.

- Former Client
"I'm more than happy with my results and wouldn't hesitate to refer him!"
I consulted three attorneys in Brazos County and hired Jay because he was professional, approachable, and had creative ideas to help my case. Jay was always candid with me and has been accessible the entire way. I'm more than happy with my results and wouldn't hesitate to refer him!

- Former Client
"Extremely grateful for his ability to clear me of those charges."
It’s been a few years since I reached out to Jay Granberry through the recommendation from my Grandmother. I had 2 tickets against me for a DUI in the parking lot at Texas A&M along with a possession charge from marijuana.
Not only was Mr. Granberry extremely professional with guiding me out of trouble he was able to drop both charges from my record and I did little to nothing other than taking some pee tests and showing up to court 2 days without even having to speak to anyone other than him.
As I said it’s been a few years since he helped me with my case but there has been many opportunities since that I didn’t miss out on that make me extremely grateful for his ability to clear me of those charges.
Would definitively recommend Mr. Granberry for anyone in similar trouble with the law and thank you sir for helping me keep a clean record.

- Jacob
"Although it seemed like getting past everything I went through would be impossible, he made it easy."
Mr. Grandberry was there to help me in the blink of an eye. He helped me so much, and he was there to help whenever I needed to talk to him. Although it seemed like getting past everything I went through would be impossible, he made it easy, and I’ll always be grateful for that.

- Cathryn

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What Distinguishes Jay Granberry From the Rest?

Over 25 Years of Experience
Well Over 130 Jury Trials Tried to Verdict as Lead Attorney
Certified in Criminal Law by Texas Board of Legal Specialization
10 Years as a State Prosecutor
Past President of Brazos County Bar Association
2017 Avvo Super Rated Criminal Defense Attorney

What a Felony DWI Conviction Means Beyond the Sentence

The prison term and fines attached to a felony DWI conviction are only part of the picture. The consequences that follow after the sentence ends can be equally damaging, and many are permanent.

Permanent Criminal Record
A third-offense or DWI-with-child-passenger felony conviction in Texas can’t be expunged or sealed. Unlike a first-offense misdemeanor DWI, there is no legal mechanism to remove this conviction from your record.

Federal Firearms Prohibition
Federal law under 18 U.S.C. section 922(g)(1) prohibits anyone convicted of a crime punishable by more than one year in prison from possessing a firearm. Texas third-degree felonies meet that threshold.

Voting Rights Suspension
Under the Texas Election Code, a person convicted of a felony can’t vote during incarceration, parole, or community supervision. On a multi-year felony probation, voting rights remain suspended for the entire probation period.

Professional Licensing Consequences
Felony convictions carry significantly more weight than misdemeanors in professional licensing decisions. Careers in healthcare, law, education, and commercial transportation can be jeopardized or ended by a felony DWI conviction.

Driver’s License Consequences
A felony DWI conviction triggers license suspension under Texas Transportation Code section 521.344, separate from any criminal sentence.

How We Approach Felony DWI Defense in Bryan

Felony DWI cases are won or lost before trial as often as during it. Pretrial motions, evidentiary challenges, and procedural objections can determine whether critical evidence is admissible, whether the felony enhancement holds, and what sentencing options remain available. Jay Granberry’s years on the prosecution side tell him where these cases are most vulnerable.

Challenging Blood & Breath Test Evidence

BAC evidence is the foundation of most DWI prosecutions, and it can be challenged on multiple grounds: improper blood draw procedures, chain-of-custody failures, equipment calibration records, or analyst qualifications. A rising BAC defense may also apply. If the driver’s blood alcohol concentration was below 0.08 while driving and only reached that level during the waiting period before testing, that gap can be raised as a challenge to the intoxication element of the offense.

Contesting the Felony Enhancement

In a third-offense DWI case, the prosecution must prove the validity of each prior conviction used to elevate the charge to the felony level. A prior conviction obtained without proper waiver of rights, or that is otherwise defective, can defeat the enhancement and return the case to misdemeanor level. We review every prior conviction the state intends to use.

DWI with Child Passenger: Element by Element

In a DWI-with-child-passenger case, the prosecution must prove beyond a reasonable doubt that the passenger was actually under 15 at the time of the offense. Every element of the charged offense must be established. Our defense examines each one.

Bond Conditions & Pre-Trial Advocacy

Brazos County judges in felony DWI cases frequently impose bond conditions including ignition interlock devices, alcohol monitoring, or pre-trial supervision. We appear at bond hearings and advocate for conditions that allow our clients to maintain employment and meet family obligations while the case is pending.

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