Felony DWI

The majority of DWI cases result in misdemeanor charges, but this isn’t always the case. Driving while intoxicated can lead to felony charges in certain situations. Repeat DWI offenders and aggravated DWI crimes may result in expensive fines and prison time. In addition, people labeled as “felons” have a hard time gaining employment or housing. If you or someone you know has been charged with a felony-level DWI, you must act now. It’s incredibly difficult to fight a felony DWI if you don’t have a formidable defense. Stay ahead of your charges by contacting an experienced DWI attorney. An attorney can collect evidence, file motions and do whatever possible to get the best possible result for you.

Attorneys for Felony DWI in Houston, Texas

It can be incredibly difficult to defend a felony-level DWI case. If you have prior DWI convictions, the jury may decide your drinking is a threat to the general public. This is why it’s imperative you contact a skilled DWI attorney from Tyler Flood & Associates, Inc.

The attorneys at Tyler Flood & Associates, Inc. have years of experience with felony DWI cases. We understand the ins and outs of DWI law and your constitutional rights. Our attorneys can assess your charges and formulate a sturdy defense for you. Call us now at (713) 224-5529 for a free consultation.

Tyler Flood & Associates, Inc. accepts clients throughout the Houston area and surrounding communities including Tomball, Bellaire, Uptown and West University Place. Overview of Felony DWI in Texas

Third or Subsequent DWI in Texas

If you are on your third or subsequent DWI, you’ll probably be charged with a felony. Texas has no “lookback period,” which means any prior DWI conviction can be used to enhance your penalties. Even if your conviction was years ago. If you have two previous convictions in any of the following, you could have your penalties enhanced to a third-degree felony.

  • Driving while intoxicated;
  • Driving while intoxicated with a child passenger;
  • Driving while intoxicated with a BAC of .15;
  • Boating while intoxicated;
  • Flying while intoxicated;
  • Assembling or operating an amusement park ride while intoxicated;
  • Intoxication assault; and
  • Intoxication manslaughter

A third DWI under Texas law is a third-degree felony, which is punishable by:

  • A fine of up to $10,000; and
  • Minimum of 2 years and a maximum of 10 years in prison

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DWI with a Child Passenger in Texas

Certain aggravating factors can enhance your DWI to a felony. If you have a child passenger in the car during the offense, then your crime will be reclassified as a state jail felony. Texas considers any person younger than 15 years old to be a child passenger. A state jail felony is punishable by:

  • A possible fine of up to $10,000; and
  • Minimum of 180 days and a maximum of 2 years in state jail.

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Intoxication Assault in Texas

When your DWI results in injuries or property damage it can be a nightmare. If the victim sustained serious bodily injury, you could be charged with intoxication assault. Serious bodily injury under Texas law is any substantial risk of death that causes serious permanent disfigurement or the loss or impairment of a bodily member or organ. Intoxication assault is considered a third-degree felony, which can result in:

  • A fine of up to $10,000; and
  • Minimum of 2 years and a maximum of 10 years in prison

The penalties could be enhanced if certain circumstances are present in your case. If the victim sustained a traumatic brain injury which put them in a persistent vegetative state, you could face a second-degree felony. It’s also a second-degree felony if the victim was a firefighter or emergency medical service personnel. The penalties for a second-degree felony include:

  • A possible fine of up to $10,000; and
  • Minimum of two years and a maximum of 20 years in prison

You could face a first-degree felony if the victim was a peace officer or judge. A first-degree felony is punishable by:

  • A possible fine of up to $10,000; and
  • Minimum of five years and a maximum of life in prison

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Intoxication Manslaughter

It’s a tragedy when a DWI results in the death of another person. You could be suffering from survivor’s guilt and now you might face felony charges. Intoxication manslaughter is a second-degree felony, which can lead to:

  • A possible fine of up to $10,000; and
  • Minimum of two years and a maximum of 20 years in prison

Your penalties could be enhanced to a first-degree felony if the victim was a firefighter, peace officer, judge or emergency services personnel. A first-degree felony may result in:

  • A possible fine of up to $10,000; and
  • Minimum of five years and a maximum of life in prison

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Additional Sentencing Conditions for Felony DWI

Driving while intoxicated (DWI) is a unique charge because it has a multitude of additional conditions for sentencing. If you’re convicted of a felony-level DWI, you should probably expect stiff fines and prison time. However, the judge might also court-order you to complete these conditions as a part of your sentencing. Some of these additional conditions include:

  • Up to 200 hours of community service;
  • Completion of a 12-hour DWI Education Course;
  • A license suspension for up to two years;
  • Installation of an ignition interlock device;
  • Possible alcohol and controlled substance evaluation;
  • Attend court-ordered treatment;
  • Participate at least once at a DWI Victim Impact Panel;
  • Monthly meetings with your community supervision officer;
  • Random drug and alcohol screenings;
  • Possible restitution to the victim;
  • Commit no other crimes during your community supervision; and
  • Annual fees of up to $2,000 for three years by the Department of Public Safety (DPS)

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Additional Resources

DWI Laws in Texas – Visit the official website of Texas Legislation to access their DWI statute. Find more information surrounding DWI charges, enhancements, penalties and other alcohol-related offenses in Texas. Texas Criminal Justice Process – Visit a document provided by the State Bar of Texas Criminal Justice Division which works as a citizen’s guide to the Texas criminal justice process. Access the document to learn more about possible sentencing, how trial works, appeals and more.

Lawyer for Felony DWI in Harris County, Texas

If you or someone you know has been charged with a felony-level DWI, it’s vital you contact an experienced criminal defense. The courts could order you to pay fines in the thousands and spend time in prison. Additionally, you’ll be labeled as a felon after release. Felons tend to struggle gaining employment or pursuing their educational goals.

Flood & Associates is a group of distinguished attorneys with a focus in DWI. We have an in-depth understanding of the complexities surrounding DWI law. Our attorneys can use our knowledge and resources to chart out a strong defense. Call us now at (713) 224-5529 for a case evaluation today. Flood & Associates accepts clients throughout the greater Harris County are including River Oaks, Pasadena, Bellaire and Houston.

This article was last updated on March 7th, 2019.


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