Driving while intoxicated is one of the dumbest decisions anyone can make after they’ve been drinking.
There’s no way to sugarcoat it. If you are knowingly under the influence and get behind the wheel, you are knowingly putting your life and countless others in danger.
With that said, there are times when DWI cases really are an honest mistake. The range of circumstances is why it’s so important to have different DWI laws in Texas. Some charges will be misdemeanor offenses and will carry light consequences if drivers are compliant and remorseful. Others will be much more serious.
The Texas Penal Code 49.09 does include situations where a DWI charge upgrades to a felony charge. These tend to depend on the additional charges, the impact of the incident on other people, and if you’re a repeat offender.
This is why it is so important for drivers to appreciate the dangers involved in drunk driving. A first-time DWI arrest with no effect on others isn’t a felony, but it doesn’t take much for one bad decision to lead to something catastrophic. Here are 4 examples of DWI felony charges in Texas.
A Third DWI Charge
Here, drivers are looking at a “three strikes and you’re out” sort of rule. A first-time DWI is problematic and can lead to some heavy fines and other consequences, but there is a little leniency.
This works in the favor of those who honestly were accidentally over the limit and will strive to do better in the future. The penalties for a second-time DWI are tougher because maybe you didn’t learn your lesson after all. Still, it’s not a felony charge. By the third time, the justice system has run out of patience.
It becomes a felony charge, and you have to deal with the serious consequences. Felony DWI is related to a third DWI charge.
The penalties involve a prison sentence between 2-10 years, depending on circumstances, and a fine of up to $10,000. In these cases, felony DWI lawyers will work on looking at the previous cases to see if this really is a third strike.
If they can help you beat that ruling, you can deal with the less serious second-time charge instead. They will go over the evidence on those previous arrests, ensure they are relevant to state law, and find any other loopholes they can.
DWI With A Child
This one speaks for itself. If you get in a car while intoxicated but do so alone, you’re putting yourself, other drivers, and pedestrians at risk. However, if you do this with a child in the car, you’re seriously endangering the life of a minor. At that point, it doesn’t matter how reckless you were on the road or what damage you caused, it’s the disregard for the safety of that child that counts.
There will be cases where this is accidental on a first-time arrest. Parents who had a heavy night of drinking and take their kids to sports practice the next morning might not realize that they’re still over the limit. Still, if proven guilty, there is the risk of a large fine and jail time. You’re looking at a sentence of 180 days to two years and a fine of up to $10,000.
Of course, the repercussions from a DWI arrest aren’t just monetary or involve jail time. There is the impact of a charge on your personal relationships and reputation. Both can take a serious hit if you’re convicted of driving while intoxicated with a child in the car.
The charge will go on your criminal record, which employers will have access to. You may have to take education classes on the dangers of drunk driving. Most significantly of all, there are the relationships between the child and their guardians.
The person you share the child with may struggle to handle what happened. This can lead to relationship breakdowns and child custody issues. If it’s a friend’s child, they might not let you watch over them ever again.
Intoxication Assault
There is the potential for additional assault charges if you strike someone with your car. This could be a pedestrian at a crossing because you didn’t see the light change or someone on the sidewalk you got too close to. Once we start involving other people and their suffering, the consequences increase.
There is the risk of a prison sentence of between 2-2DWIS0 years, depending on the situation. Minor injuries in a vehicular assault on a first-time offense could see you in the lower range. A good Texas lawyer specializing in felony DWI will help bring it down as much as possible. The longer sentences relate more to the next point. Surprisingly, the fines aren’t any higher.
That doesn’t mean you won’t face further financial ideas, however, as the victims can sue for compensation. At this point, you’ll have the stress of a criminal case and a personal injury defense to worry about. Both require a lot of hard work and dedication to get the best results.
For example, with personal injury accusations, lawyers can look at the potential negligence of the victim at the time and question the true extent of their pain and suffering.
Intoxication Manslaughter
Finally, there’s the issue of manslaughter while under the influence. Unsurprisingly, this automatically bumps up a DWI case to a felony charge because someone died. It’s classed as a form of manslaughter because of the diminished responsibility of the driver.
That is unless it can be proved that you deliberately ran someone down with the intent to kill while you had an elevated blood alcohol level. This is where you can see a long jail sentence if found guilty. As with all these cases, felony DWI lawyers will do all they can to defend you, get a fair trial, and lessen the sentence if possible.
Hiring The Best DWI Lawyer In Texas
As you can see, not all DWI cases are the same, and some are incredibly serious. At their best, you’ll get a criminal record and some driver education for accidentally being over the limit one time.
At their worst, you could face serious jail time as a repeat offender or if someone dies as a result of your actions. The complexity of DWI laws is why it’s so important to hire the best DWI lawyers, no matter the situation. Rely on them to build a strong case and get the best result possible.
