When Is a DWI Charged as a Felony in Texas?

 Posted on March 23, 2023 in Drunk Driving / DUI

The dangers of drunk driving have been well-established. The use of alcohol or drugs can significantly impact a person's ability to operate a vehicle safely, and a person who is intoxicated is much more likely to be involved in an accident that could result in serious injuries or fatalities. Because of these risks, anyone who is accused of operating a vehicle after using drugs or alcohol may face criminal charges for driving while intoxicated (DWI). In most cases, a first-time DWI will be charged as a misdemeanor, and while a variety of penalties will apply, a person usually will not face a lengthy prison sentence if they are convicted. However, there are some situations where a DWI arrest may result in felony charges, and a person may be sentenced to one year or more in prison.

What Constitutes a Felony DWI?

In Texas, the basic charge for driving while intoxicated is a Class B misdemeanor, although a charge may be elevated to a Class A misdemeanor if a person had a blood alcohol concentration (BAC) of .15 percent or more. A second DWI may also be charged as a Class A misdemeanor. Class B misdemeanors have a maximum sentence of six months in prison, and Class A misdemeanors have a maximum sentence of one year.

A DWI charge may be elevated to a felony in the following situations:

• Intoxication assault - A person who causes a serious bodily injury to someone else while they were driving under the influence of alcohol or drugs may be charged with a third-degree felony, and they may be sentenced to between two and 10 years in prison.
• Intoxication manslaughter - A person who accidentally causes someone else's death while driving under the influence of alcohol or drugs may be charged with a second-degree felony, and they may be sentenced to between two and 20 years in prison.
• DWI with a child passenger - If a person had a passenger under the age of 15 in their vehicle while driving under the influence, they may be charged with a state jail felony, and they may be sentenced to between six months and two years in prison.
• Third or subsequent DWI - If a person is charged with DWI, and they have previously been convicted on two separate occasions, they may be charged with a third-degree felony.
• DWI with a previous conviction of intoxication manslaughter - Third-degree felony charges may apply if a person had previously been convicted of killing someone while under the influence.
• DWI with injury to a first responder - A charge of intoxication assault may be elevated to a second-degree felony if a person caused a serious injury to a firefighter or emergency medical technician while driving under the influence. If a police officer was seriously injured, a person may be charged with a first-degree felony, and they may be sentenced to between five and 99 years in prison.
• DWI resulting in the death of a first responder - A charge of intoxication manslaughter may be elevated to a first-degree felony if drunk driving resulted in the death of a police officer, firefighter, or EMT.
• DWI resulting in coma - Intoxication assault may be charged as a second-degree felony if drunk driving resulted in a traumatic brain injury that left a person in a persistent vegetative state.

In addition to a prison sentence, a DWI conviction may result in thousands of dollars in fines. A maximum fine of $10,000 may be charged for a felony conviction, and up to $6,000 in additional state DWI fines may also apply. A person will also lose their driver's license for up to two years, and after being released from prison, they may be ineligible for certain employment opportunities due to having been convicted of a felony.

Contact Our Denton County Felony DWI Lawyers

Determining whether a DWI charge will be classified as a misdemeanor or felony depends on several factors, including prior convictions and whether injuries were sustained in an accident related to the incident. If you have been arrested for drunk driving, it is important to seek legal counsel right away so that your rights will be protected during your case. At Magaña & Van Dyke, we can help you defend against felony DWI charges, and we will work to help you achieve the best possible outcome for your case. Contact our Cooke County DWI defense attorneys at 940-382-1976 to schedule a free consultation today.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm

https://www.txdot.gov/safety/driving-laws/impaired-driving.html