Felony DWI
Under Texas law, drivers can be charged with felony DWI if they are arrested for one of the following offenses:
- A subsequent arrest for DWI after two or more previous DWI convictions
- DWI arrest for driving with a passenger under 15 years of age in the vehicle
- Cases in which intoxication is alleged in an accident involving for serious bodily injury to another person
- Cases in which intoxication is alleged in an accident that takes the life of another individual
If you or someone you care about has been charged with a felony intoxication related offense, it is critical to obtain competent legal representation from a Houston DWI attorney immediately to protect your legal rights and to avoid sizable fines and lengthy jail sentences. Failure to act quickly can result in the administrative loss of your driving privileges regardless of the outcome of your court proceedings.
After two or more DWI related convictions, any subsequent DWI arrest in Texas is considered a third degree felony. If you are convicted of DWI for the third time, you may be subject to the following penalties:
- A minimum of 2 years and up to 10 years in jail
- Up to $10,000 in fines
- Loss of your driving privileges for up to two years
- The installation of an interlock ignition device to prevent you from driving under the influence of alcohol
If you are arrested for DWI while transporting a passenger under the age of 15, you will most likely be charged with a state jail felony under Section 49.045 of the Texas Penal Code, more commonly referred to as DWI with Child Passenger. If you have ever been convicted of any other felony, however, this will be upgraded to a third degree felony and will be subject to the same potential penalties as a third-strike DWI arrest.
- A minimum of 180 days and up to 2 years in a state jail facility
- Up to $10,000 in fines
- Potential loss of your driving privileges for at least 90 days up to 1 year
- The installation of an interlock ignition device to prevent you from driving under the influence of alcohol
An Intoxication Assault charge is classified as a third degree felony in the state of Texas. If you have been involved in an accident where you are alleged to be intoxicated and in which someone other than yourself has been seriously injured, you will likely face Intoxication Assault charges. The penalties for conviction on intoxication assault charges may include the following:
- A minimum prison term of 2 years up to 10 years
- A fine of as much as $10,000
- Community service of up to 600 hours
- Installation of an ignition interlock device that prevents drivers from starting or operating their vehicles under the influence of alcohol
Finally, if you are arrested for a DWI in Texas for an accident that claimed the life of another individual, you will almost certainly be charged with Intoxication Manslaughter. This is a second degree felony and carries harsh penalties if you are convicted. Possible consequences of conviction for Intoxication Manslaughter include the following:
- A prison term of not less than 5 years and not more than 20 years
- A fine of not more than $10,000
- Supervised probation
- Up to 800 hours of community service
- Installation of an ignition interlock device on your vehicle
Matthew Gallagher is a qualified Houston criminal attorney with years of experience in defending DWI cases. His knowledge of the Texas legal system, combined with his willingness to think outside the box and ability to utilize solid defense strategies allows him to fight for the best possible outcome in felony DWI cases.