Is first dwi a felony in Texas?

Is First DWI a Felony in Texas?

Understanding the Consequences of a First-Time DWI in Texas

In Texas, a Driving While Intoxicated (DWI) offense can have serious consequences, even for a first-time offender. Many people are under the impression that a first-time DWI is only a misdemeanor, but that’s not always the case. In this article, we’ll explore the nuances of Texas DWI laws and help you understand if a first DWI can be a felony.

What is a Felony DWI in Texas?

A felony DWI in Texas is defined as a DWI offense that meets certain criteria, including:

• A third or subsequent DWI conviction
• A DWI offense committed while operating a commercial motor vehicle
• A DWI offense committed while operating a motor vehicle with a child under the age of 15 in the vehicle
• A DWI offense committed while operating a motor vehicle with a prior DWI conviction within the past 10 years
• A DWI offense committed with a blood alcohol concentration (BAC) of 0.15 or higher

First-Time DWI as a Misdemeanor

In most cases, a first-time DWI in Texas is considered a Class B misdemeanor. This type of offense carries a maximum fine of $2,000 and a maximum jail sentence of 180 days. Additionally, a first-time offender may be required to:

• Install an ignition interlock device (IID) on their vehicle
• Complete a substance abuse evaluation and follow any recommended treatment
• Participate in a driver’s education program
• Suspend their driver’s license for 90 to 180 days

Factors That Can Elevate a First-Time DWI to a Felony

While a first-time DWI is typically a misdemeanor, there are certain circumstances that can elevate the offense to a felony. These include:

• Child Endangerment: If a child under the age of 15 is in the vehicle during the DWI offense, the offender can be charged with a felony DWI.
• Prior DWI Conviction: If the offender has a prior DWI conviction within the past 10 years, the current DWI offense can be elevated to a felony.
• High BAC: If the offender’s BAC is 0.15 or higher, the offense can be elevated to a felony.
• Commercial Vehicle: If the offender is operating a commercial motor vehicle at the time of the DWI offense, the offense can be elevated to a felony.

Penalties for Felony DWI in Texas

A felony DWI in Texas carries more severe penalties than a misdemeanor DWI. These include:

• Prison Time: A felony DWI can result in a prison sentence ranging from 180 days to 2 years.
• Fines: A felony DWI can result in fines ranging from $2,000 to $10,000.
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• License Suspension: A felony DWI can result in a license suspension of 180 days to 2 years.
• IID: A felony DWI offender may be required to install an IID on their vehicle.

Defending Against a Felony DWI Charge

If you’ve been charged with a felony DWI in Texas, it’s essential to work with an experienced criminal defense attorney. Some common defenses against a felony DWI charge include:

• Questioning the BAC: If the BAC reading was not properly administered or if the officer did not follow proper protocol, the evidence may be challenged.
• Challenging the Arrest: If the officer did not have probable cause to arrest the defendant, the arrest may be deemed unlawful.
• Presenting Alternative Explanations: If the defendant can provide an alternative explanation for their behavior, such as a medical condition or a personal emergency, the prosecution’s case may be weakened.

Conclusion

In Texas, a first-time DWI is typically a Class B misdemeanor, but there are circumstances that can elevate the offense to a felony. If you’ve been charged with a DWI, it’s essential to understand the laws and potential penalties. An experienced criminal defense attorney can help you navigate the legal system and defend against a felony DWI charge.

Key Takeaways:

• A first-time DWI in Texas is typically a Class B misdemeanor.
• Certain circumstances can elevate a first-time DWI to a felony, including child endangerment, prior DWI conviction, high BAC, and commercial vehicle operation.
• A felony DWI in Texas carries more severe penalties, including prison time, fines, and license suspension.
• Defenses against a felony DWI charge may include questioning the BAC, challenging the arrest, and presenting alternative explanations.

Table: Comparison of Misdemeanor and Felony DWI Penalties in Texas

Bullets: Key Factors to Consider When Charged with a DWI in Texas

• BAC level
• Prior DWI convictions
• Commercial vehicle operation
• Child endangerment
• Ignition interlock device requirement
• License suspension duration
• Prison time possibility