Is DUI a Felony in Texas?
In the state of Texas, driving under the influence (DUI) is considered a serious offense that can have severe consequences. While it may not always be a felony, it can still result in significant penalties, fines, and even imprisonment. In this article, we will explore the laws surrounding DUI in Texas and answer the question: Is DUI a felony in Texas?
What is DUI in Texas?
In Texas, DUI is commonly referred to as Driving While Intoxicated (DWI). According to the Texas Transportation Code, a person is considered intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher. However, it’s important to note that a person can still be charged with DWI even if their BAC is below 0.08% if they are deemed to be impaired by alcohol or drugs.
Is DUI a Felony in Texas?
In Texas, DUI is typically considered a misdemeanor offense, unless it is a third or subsequent offense, or if it involves a child passenger. For a first-time offense, the maximum penalty is a fine of up to $2,000 and imprisonment for up to 180 days. For a second offense, the maximum penalty is a fine of up to $4,000 and imprisonment for up to one year.
Felony DUI in Texas
However, there are certain circumstances in which DUI can be considered a felony in Texas. These include:
- Third or subsequent offense: If a person is convicted of a third or subsequent DWI offense, it can be considered a felony, punishable by a fine of up to $10,000 and imprisonment for up to two years.
- Child passenger: If a person is convicted of DWI with a child passenger under the age of 15, it can be considered a felony, punishable by a fine of up to $10,000 and imprisonment for up to two years.
- Injury or death: If a person is convicted of DWI and causes serious bodily injury or death to another person, it can be considered a felony, punishable by a fine of up to $10,000 and imprisonment for up to 10 years.
Consequences of a Felony DUI Conviction
A felony DUI conviction can have severe consequences, including:
- Criminal record: A felony conviction will remain on a person’s criminal record, which can affect their future employment, education, and housing opportunities.
- Fines and fees: In addition to the maximum fine of $10,000, a person may also be required to pay court costs, attorney fees, and other expenses.
- Imprisonment: A person may be sentenced to imprisonment for up to 10 years, depending on the circumstances of the offense.
- Loss of driving privileges: A person may have their driver’s license suspended or revoked for a period of time, or permanently.
Defenses Against a DUI Charge
While a DUI charge can be serious, there are several defenses that a person can use to challenge the charges. These include:
- Illegal stop: If the police officer did not have probable cause to stop the vehicle, the charges may be dismissed.
- Illegal arrest: If the police officer did not have probable cause to arrest the person, the charges may be dismissed.
- Improper breath test: If the breath test was not administered properly, the results may be thrown out.
- Medication or medical condition: If the person was under the influence of medication or had a medical condition that affected their ability to operate a vehicle, they may be able to argue that they were not intoxicated.
Conclusion
In conclusion, while DUI is typically considered a misdemeanor offense in Texas, it can be considered a felony in certain circumstances. A felony DUI conviction can have severe consequences, including imprisonment, fines, and loss of driving privileges. If you have been charged with DUI, it is important to consult with an experienced attorney who can help you understand your rights and defenses.
