If you or someone you know is facing a Driving While Intoxicated (DWI) charge, you might be wondering whether or not a DWI is a felony in Texas. It’s an important question that can help you prepare for what comes next.
In Texas, not all DWI charges are felonies, but certain factors can quickly turn a misdemeanor into a felony offense. Keep reading to learn more about DWI felonies in Texas and the charges you can expect to face.
Key Takeaways
- DWI refers to an offense that happens when you drive a vehicle in a public area after drinking alcohol to the point of intoxication. Officers usually determine if you’re drunk by carrying out a blood test.
- You can be charged with a DWI felony in Texas if this is your third DWI charge, if you drove a child passenger while intoxicated, or if your drunk driving caused serious bodily injury.
- Your lawyer may be able to get your case dismissed or reduced by challenging the traffic stop, finding weaknesses in the prosecution’s case, or challenging the accuracy of the Blood Alcohol Content (BAC) test.
What Does Texas Consider a DWI?
DWI in Texas means driving a vehicle in a public place after drinking enough alcohol that it makes it unsafe for you to drive. Officers usually determine if you’re drunk by using a breathalyzer or a blood test. If your blood alcohol concentration is 0.08% or higher, that means it’s illegal for you to be behind the wheel, and you may be subject to a DWI arrest.
When Is a DWI a Felony in Texas?
Texas law considers DWI a felony based on several different factors. One of the most common ways a DWI can become a felony is a third DWI offense, or more. Once you’re charged with your third DWI, it becomes a third-degree felony. Driving while intoxicated with a child passenger under 15 is another way a DWI becomes a felony in Texas. Texas also takes drunk driving accidents seriously, especially when they result in serious bodily injury or death. When that happens, it becomes an intoxication assault, also known as intoxication manslaughter, which is also a felony offense.
What Are the Charges for DWI?
The charges you may face for a DWI in Texas can vary depending on many factors, including the number of DWI offenses on your record and your blood alcohol concentration. Here are the charges you can face for DWI convictions in Texas:
First-Offense DWI
This is usually charged as a Class B misdemeanor. Once you’ve been charged with this offense, this means you could face:
- A fine of up to $2,000
- Ignition interlock device
- Between 3 and 180 days of jail time
- Mandatory DWI education or intervention
- Driver’s license suspension for up to two years
- An annual fee of up to $2,000 for three years to keep your license
Second-Offense DWI
If you are charged with DWI with a prior DWI conviction on your record, the charges will typically increase to a Class A misdemeanor. The penalties you can expect include:
- A fine of up to $4,000
- Ignition interlock device
- About 1 month to a year in jail
- DWI intervention or education
- Up to two years’ driver’s license suspension
- An annual fee of up to $2,000 for three years
Third or Subsequent DWI
A third DWI is a third-degree felony and usually carries harsher penalties. Below are the penalties you can expect to face for this DWI offense:
- A fine of up to $10,000
- DWI education or intervention
- Between two to ten years in state prison
- Suspension of your driver’s license for up to two years
- Mandatory installation of an ignition interlock device
- An annual fee of up to $2,000 for three years to keep your license
DWI With a Child Passenger
Driving while intoxicated with a child under 15 years old in the vehicle is a state jail felony. This offense can lead to:
- Fine of up to $10,000
- Up to two years in a state jail
- License suspension of between 180 days and 2 years
Intoxication Assault
If your drunk driving causes bodily injury to another person, you will typically be charged with intoxication assault. This is usually considered a third-degree felony. Penalties for this charge include:
- A fine of up to $10,000
- Ignition interlock device
- DWI education or intervention
- Between two and ten years in prison
- Driver’s license suspension for 180 days to 2 years
How To Get DWI Charges Dismissed or Reduced in Texas
Facing a felony DWI conviction in Texas can be overwhelming, which is why it’s important to understand the severity of your charge. By knowing the charges against you and the details of your case, you can have an idea of the tactics available for your lawyer to get your DWI charges dismissed or reduced. Here are some tactics your lawyer can make use of:
Challenging the Traffic Stop
One of the first tactics your defense lawyer can use is to question whether the traffic stop was legal. The police must have a strong reason to pull you over. If they didn’t, your lawyer can ask the court to suppress any evidence that was collected.
Challenging the Accuracy of the BAC Tests
BAC tests are used to measure how much alcohol is in your system, but they’re not always accurate. Your lawyer can check if the device was properly maintained and calibrated. If it wasn’t, the results may be unreliable. They can also look at how the test was done and whether mistakes were made.
Providing Alternative Explanations for the Behavior
Sometimes, what looks like drunk behavior can be caused by something else, like being tired, stressed, or having a medical problem like low blood sugar. Your lawyer might show medical records to prove that your actions weren’t because of alcohol.
Finding Weak Spots in the Prosecution’s Case
Your lawyer can analyze the prosecution’s evidence to find weak evidence and inconsistencies in witness statements. Your lawyer can also challenge that certain evidence wasn’t handled appropriately.
Plea Bargain
If the evidence against you is strong, your lawyer might suggest a plea deal. This means admitting to a lesser charge, like obstructing a highway, instead of facing a more serious DWI charge. A plea deal can mean a reduced impact on your record and future.
When Do You Need a DWI Lawyer in San Antonio?
If you’re facing felony DWI charges in San Antonio, early legal intervention can positively influence the outcome of your case. A skilled DWI attorney can help you evaluate the evidence and fight for reduced charges. Here’s when you should consider hiring a DWI lawyer to help you fight your DWI charge:
First Offense
Getting a DWI for the first time doesn’t always mean a criminal record. In some cases, you can qualify for a pretrial program that helps clear the charge. But getting approved isn’t always guaranteed. With the help of an experienced lawyer, you can build a convincing case to get your charges reduced or dropped.
BAC Higher Than .15
If your blood alcohol level is above .15%, you could face harsher penalties. This can turn a regular DWI into an aggravated DWI, which means bigger fines, longer license suspensions, and more serious charges. A lawyer can help you fight to reduce these penalties.
Questionable Charges
Not all DWI charges are fair. If the breath test wasn’t done correctly or the officer didn’t follow proper procedures, a lawyer can challenge the evidence. This could lead to your charges being reduced or even dismissed.
Questionable Arrest
The police must follow the law when arresting someone. If your rights were violated, for example, not being read your Miranda rights or being mistreated, your lawyer can use this to your advantage.
What To Expect From DWI Charges
DWI charges can be intimidating, especially if you don’t know what to expect. Although some cases may not follow these exact steps, here’s what to expect from DWI charges in Texas:
- Arrest and booking
- Arraignment before a judge
- Pre-trial proceedings
- Trial
- Sentencing
- Appeal
Work With an Experienced DWI Lawyer in San Antonio
If you’ve been charged with a felony conviction and are worried about the penalties, you don’t have to go through it alone. At the Law Office of John G. Perez Jr., our experienced DWI lawyer can guide you through the process, challenge the evidence against you, and work to get your charges reduced or dismissed.
Don’t let a DWI felony in Texas ruin your future. Take the first step toward a satisfactory outcome by contacting an experienced lawyer like John for legal guidance.