Is Drunk Driving a Felony in Texas?
Drunk driving is a serious offense that can have severe consequences, including jail time, fines, and license suspension. In the state of Texas, drunk driving is considered a misdemeanor or a felony, depending on the circumstances of the case. In this article, we will explore whether drunk driving is a felony in Texas and what the consequences are for those found guilty.
What is the legal definition of drunk driving in Texas?
In Texas, drunk driving is defined as operating a vehicle while intoxicated (DWI) or operating a watercraft while intoxicated (BOAT). A person is considered intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are under the influence of a drug or a combination of drugs and alcohol.
What are the penalties for DWI in Texas?
The penalties for DWI in Texas vary depending on the severity of the offense and the defendant’s prior record. Here are the general penalties for a first-time DWI conviction:
- Mandatory fines: $2,000 to $10,000
- Community service: 24 to 100 hours
- Jail time: 3 to 6 months
- License suspension: 90 days to 1 year
- Ignition interlock device: Required for a minimum of 1 year
For subsequent DWI convictions, the penalties increase. For example, a second DWI conviction within 5 years can result in:
- Mandatory fines: $4,000 to $10,000
- Community service: 240 to 600 hours
- Jail time: 6 to 12 months
- License suspension: 1 to 2 years
- Ignition interlock device: Required for a minimum of 1 year
What makes a DWI a felony in Texas?
In Texas, a DWI can be elevated to a felony if certain factors are present. These factors include:
- Aggravating circumstances: A person who causes serious bodily injury or death to another while driving drunk can face felony charges.
- Previous DWI convictions: If a person has previously been convicted of DWI and is convicted again within a certain time period (typically 5 years), the subsequent conviction can be upgraded to a felony.
- Refusal to submit to a chemical test: If a person refuses to submit to a breath or blood test, it can be used as evidence in a felony DWI prosecution.
What are the penalties for felony DWI in Texas?
Felony DWI charges carry much more severe penalties than misdemeanor charges. In Texas, the penalties for felony DWI include:
- Mandatory minimum sentences: 2 years in prison
- Mandatory maximum sentences: 20 years in prison
- Fines: $10,000 to $100,000
- License revocation: 1 year to lifetime
Commonly asked questions about felony DWI in Texas
Here are some commonly asked questions about felony DWI in Texas:
- Is felony DWI the same as intoxication manslaughter? No, while felony DWI and intoxication manslaughter are related offenses, they are not the same. Intoxication manslaughter is a specific crime that occurs when a person causes the death of another while driving drunk.
- Can I be convicted of felony DWI even if I wasn’t hurt? Yes, even if you weren’t physically hurt in the accident, you can still be convicted of felony DWI if the prosecutor can prove that your drunk driving caused an accident.
- What if I have a previous DWI conviction and was recently charged with felony DWI? If you have a previous DWI conviction and are charged with felony DWI, the prosecution may argue that you should face more severe penalties for your prior convictions.
- Can I avoid felony DWI charges if I have a low BAC? No, a low BAC will not necessarily prevent felony DWI charges. The prosecutor can still argue that you were under the influence of alcohol or drugs and pose a risk to yourself or others.
Conclusion
Drunk driving is a serious offense that can result in severe penalties, including felony charges. In Texas, felony DWI is punishable by up to 20 years in prison, as well as significant fines and license revocation. If you are facing a DWI charge, it is important to seek legal advice from an experienced DWI attorney who can help you understand the charges and defend your rights.
Table: Penalties for DWI in Texas
| Penalty | First-time Conviction | Subsequent Conviction |
|---|---|---|
| Fines | $2,000 to $10,000 | $4,000 to $10,000 |
| Community Service | 24 to 100 hours | 240 to 600 hours |
| Jail Time | 3 to 6 months | 6 to 12 months |
| License Suspension | 90 days to 1 year | 1 to 2 years |
| Ignition Interlock Device | Required for 1 year | Required for 1 year |
Note: The penalties listed in this table are general penalties and may vary depending on the specific circumstances of the case.
