A DUI (Driving Under the Influence) is commonly referred to as a DWI (Driving While Intoxicated) in Texas. Whether a DWI is a felony or a misdemeanor in Texas depends on several factors, making it crucial to understand the nuances of the law. This comprehensive guide will clarify the circumstances under which a DWI becomes a felony in Texas and what you should do if you're facing these charges.
What Constitutes a DWI in Texas?
Before diving into felony classifications, let's establish what constitutes a DWI in Texas. A person is considered to be driving while intoxicated if their blood alcohol content (BAC) is 0.08% or higher, or if they are impaired by alcohol or any other substance to the degree that they cannot safely operate a motor vehicle. This impairment can be evidenced by various factors observed by law enforcement officers, including erratic driving, slurred speech, and bloodshot eyes.
When Does a Texas DWI Become a Felony?
A first DWI offense in Texas is typically a Class B misdemeanor, punishable by fines and jail time. However, subsequent offenses elevate the charge to a felony. Here's a breakdown:
Second DWI Offense:
A second DWI conviction within a ten-year period usually becomes a Class A misdemeanor. While still a misdemeanor, the penalties are significantly harsher than a first offense, potentially including much higher fines and increased jail time.
Third or Subsequent DWI Offense:
A third or subsequent DWI conviction within a ten-year period is generally a felony in Texas. This is a serious charge with severe consequences, including lengthy prison sentences, substantial fines, and the loss of driving privileges for an extended period.
Other Circumstances Leading to Felony DWI Charges:
Beyond the number of offenses, other factors can also lead to felony DWI charges in Texas:
- Child endangerment: Driving while intoxicated with a child passenger under the age of 15 in the vehicle significantly increases the severity of the charge, potentially leading to felony charges even for a first offense.
- Serious bodily injury or death: If a DWI results in serious bodily injury or death to another person, the charges will almost certainly be elevated to a felony, with penalties reflecting the severity of the harm caused.
What are the Penalties for a Felony DWI in Texas?
The penalties for a felony DWI in Texas vary greatly depending on the specifics of the case, including the defendant's prior record and the circumstances surrounding the offense. However, possible consequences can include:
- Significant jail time: Sentences can range from several years to decades in prison.
- Substantial fines: Fines can reach tens of thousands of dollars.
- Extended license suspension or revocation: Driving privileges will be lost for a considerable period.
- Mandatory alcohol treatment: Court-ordered rehabilitation programs are often a requirement.
- Ignition interlock device: This device prevents a vehicle from starting unless the driver provides a breath sample with a BAC below a certain level.
What Should I Do if I'm Facing a DWI Charge in Texas?
Facing a DWI charge, particularly a felony, is a serious matter requiring immediate legal action. Contacting a qualified Texas DWI attorney is crucial. An experienced attorney can:
- Investigate the circumstances of your arrest: They will review police reports and procedures to identify any potential flaws in the case against you.
- Negotiate with the prosecutor: They can work to reduce charges or secure a more favorable plea bargain.
- Represent you in court: If necessary, they will build a robust defense strategy to protect your rights and interests.
Frequently Asked Questions (FAQ)
Can a first DWI in Texas ever be a felony?
While uncommon, a first DWI can be a felony in Texas if it involves child endangerment or causes serious bodily injury or death.
What is the difference between a DWI and a DUI?
In Texas, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably. They both refer to the same offense.
How long does a felony DWI stay on my record in Texas?
A felony DWI conviction will remain on your criminal record indefinitely.
Can I get my license back after a felony DWI in Texas?
Getting your license back after a felony DWI is a complex process involving the completion of mandated rehabilitation programs and possibly a restricted driving license with an ignition interlock device.
Facing a DWI charge, especially a felony, requires immediate and decisive action. Understanding the law and seeking qualified legal assistance are paramount to protecting your rights and navigating this challenging legal situation. Remember, this information is for educational purposes only and does not constitute legal advice. Consult with a qualified Texas attorney for advice tailored to your specific circumstances.
