Is a DWI a Felony in Texas?

Is a DWI a Felony in Texas?

Facing DWI offenses in Texas can be overwhelming. One common question is whether a DWI charge is a felony in the state. Like many aspects of the law, the answer is not black and white.

In Texas, a DWI can be classified as either a misdemeanor or a felony, depending on certain factors. If you or a loved one is dealing with a DWI charge of any kind, immediately reach out to a Houston, TX DWI defense lawyer near you for advice and representation.

What Makes a DWI a Felony in Texas?

There are various ways in which a Texas DWI charge can become a felony. Some of the most common include:

Third or Subsequent DUI

A third DWI in Texas is a felony. If you have previously been convicted of two DWIs and are arrested for another offense, you will face felony charges. Felony DWI carries more severe penalties than misdemeanor DWI, including prison time, fines, license suspension, education programs, surcharges, and the use of an ignition interlock device.

DWI with a Child Passenger

If a person is arrested for DWI in Texas and there was a child passenger under the age of 15 in the vehicle at the time of the offense, it is considered a felony. This is a serious offense, as it puts the life of a child at risk due to impaired driving. The penalties for DWI with a child passenger include imprisonment, fines, license suspension, and additional consequences related to child endangerment charges.

Intoxication Assault

A father's alcohol dependency leading to threats, abusive behavior, and physical harm within the family.

Intoxication assault is another felony DWI offense in Texas. If a DWI results in an accident that causes serious bodily injury to another person, the driver can be charged with intoxication assault. This offense carries severe penalties, including imprisonment, fines, license suspension, mandatory alcohol education programs, and potential civil liability in personal injury claims.

Intoxication Manslaughter

The most serious felony DWI offense in Texas is intoxication manslaughter. If a DWI results in an accident that causes the death of another person, the driver can be charged with intoxication manslaughter. The consequences for this offense are severe and can include:

  • Lengthy prison sentences.
  • Significant fines.
  • License suspension.
  • Mandatory alcohol education programs.
  • Lawsuits from the victim’s family.

These felony DWI offenses are separate from one another, meaning that a person can face multiple felony charges if their actions meet the criteria for different felony DWI offenses simultaneously. Whether you face one or more charges, hiring a Texas DWI defense lawyer immediately is absolutely critical to your future.

Felonies are a Serious Legal Matter

Always take felony DWI charges extremely seriously due to their potential consequences and long-lasting impact on your life. Felonies carry more severe penalties than misdemeanors and can result in substantial prison sentences, hefty fines, and the loss of various rights and privileges.

Convictions of felony DWI can have far-reaching collateral consequences, including difficulty finding employment, housing, and obtaining professional licenses. Additionally, a felony conviction can affect child custody arrangements and immigration status.

The Consequences of Felony DWI Can Last for Years

The consequences of a felony DWI conviction in Texas can extend far beyond the initial penalties imposed by the court. Collateral consequences can have a significant impact on various areas of your life, including:

Employment Opportunities

A felony DWI conviction can make it challenging to secure employment, especially in jobs that require a clean criminal record. Background checks are often a standard part of hiring processes, and a felony conviction can lead to automatic disqualification or make it difficult to compete with other candidates.

Professional Licensing

Certain professions, such as healthcare providers, lawyers, teachers, and law enforcement officers, require professional licenses to practice. A felony DWI conviction can lead to license suspension or revocation, making it difficult to continue in the chosen field or pursue future career opportunities.

Housing

Landlords often conduct background checks on prospective tenants. A felony DWI conviction can significantly impact rental applications, making it difficult to secure housing. Many landlords have blanket policies against renting to individuals with felony convictions.

Immigration Consequences

Non-U.S. citizens facing felony DWI charges may face severe immigration consequences. A felony DWI conviction can result in deportation or make it challenging to renew visas or obtain U.S. citizenship. Non-U.S. citizens must seek legal advice regarding the intersection of criminal and immigration law.

These collateral consequences highlight the importance of seeking legal representation from a qualified Texas DWI defense lawyer to effectively defend against charges and minimize the long-term effects of a felony DWI conviction.

Felony DWI Defenses

A conceptual image depicting drunk driving: a hand holding car keys in focus with a blurred background of a glass of beer.

If you are facing felony DWI charges in Texas, understand that you have legal rights and options. A skilled DWI defense lawyer will thoroughly review your case and explore potential defenses to challenge the charges against you. Some common defenses in felony DWI cases include:

Illegal Search and Seizure

Law enforcement must have a legal basis to stop a vehicle and conduct a DWI investigation. If the police violated your constitutional rights through an illegal search and seizure, evidence obtained as a result may be inadmissible in court, weakening the prosecution’s case against you.

Field Sobriety Test Inaccuracy

Field sobriety tests, such as the walk-and-turn or one-leg stand tests, are subjective and can be affected by various factors unrelated to intoxication. Challenging their accuracy and reliability can cast doubt on the prosecution’s evidence.

Breathalyzer Calibration Errors

Breathalyzer machines must be regularly calibrated and maintained to ensure accurate blood alcohol concentration (BAC) readings. Inaccurate or faulty breathalyzer results can be challenged in court, potentially leading to reduced charges or a case dismissal.

Violations of Your Miranda Rights

Law enforcement must inform individuals of their Miranda rights before conducting custodial interrogations. If the police failed to provide you with a Miranda warning, your statements during questioning may be suppressed as evidence.

It is crucial to consult a knowledgeable DWI defense attorney who can assess your case’s specific circumstances and develop a defense strategy tailored to your situation.

Call a Texas DWI Defense Lawyer Today

If you or a loved one is facing felony DWI charges in Texas, seek trusted legal representation now. Experienced Houston, TX criminal defense lawyers understand Texas DWI laws and will work tirelessly to investigate your case, challenge the prosecution’s evidence, and build a strong defense on your behalf.

Don’t face the potential consequences of a felony DWI conviction without support. Contact an attorney near you today.

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