Is a 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 a DUI is typically considered a misdemeanor, there are certain circumstances under which it can be elevated to a felony charge.
What is a DUI in Texas?
A DUI in Texas is typically defined as operating a motor vehicle while impaired by alcohol or drugs. The specific legal definition is outlined in Texas Transportation Code Section 49.04, which states that a person commits a DUI if they:
- Operate a motor vehicle in a public place
- Are intoxicated or impaired by alcohol or a controlled substance
- Do not have the normal use of their mental or physical faculties
- Are unable to safely operate the vehicle
Is a DUI a Felony in Texas?
In Texas, a DUI is typically considered a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. However, there are certain circumstances under which a DUI can be elevated to a felony charge. These include:
- Third or subsequent offense: If a person is convicted of a third or subsequent DUI offense, it can be elevated to a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Accident involving serious injury: If a person is involved in a DUI-related accident that results in serious injury to another person, they can be charged with a Class A misdemeanor.
- Accident involving death: If a person is involved in a DUI-related accident that results in the death of another person, they can be charged with a felony, punishable by up to 20 years in prison and a fine of up to $10,000.
- Prior felony conviction: If a person has a prior felony conviction, a subsequent DUI offense can be elevated to a felony charge.
Consequences of a Felony DUI in Texas
If a person is convicted of a felony DUI in Texas, they can face severe consequences, including:
- Prison time: A felony DUI conviction can result in a sentence of up to 20 years in prison.
- Fines: A felony DUI conviction can result in a fine of up to $10,000.
- Loss of driving privileges: A person convicted of a felony DUI may lose their driving privileges for a period of time.
- Immigration consequences: A felony DUI conviction can have serious immigration consequences, including deportation for non-citizens.
Defenses to a Felony DUI Charge
While a felony DUI charge is serious, there are certain defenses that a person can use to fight the charge. These include:
- Lack of probable cause: If the police did not have probable cause to stop the vehicle, the evidence obtained during the stop may be suppressed.
- Ineffective counsel: If a person’s attorney was ineffective, they may be able to appeal the conviction.
- Insufficient evidence: If the prosecution does not have sufficient evidence to prove the charge, the case may be dismissed.
- Mistaken identity: If the person was mistaken for someone else, they may be able to prove their innocence.
Table: DUI Penalties in Texas
| Offense | Penalty |
|---|---|
| Class B Misdemeanor (First Offense) | Up to 180 days in jail, fine of up to $2,000 |
| Class A Misdemeanor (Second Offense) | Up to 1 year in jail, fine of up to $4,000 |
| Class A Misdemeanor (Third or Subsequent Offense) | Up to 1 year in jail, fine of up to $4,000 |
| Felony (Accident involving serious injury or death) | Up to 20 years in prison, fine of up to $10,000 |
Conclusion
In conclusion, a DUI is typically considered a misdemeanor in Texas, punishable by up to 180 days in jail and a fine of up to $2,000. However, there are certain circumstances under which a DUI can be elevated to a felony charge, including a third or subsequent offense, an accident involving serious injury or death, and a prior felony conviction. If a person is convicted of a felony DUI, they can face severe consequences, including prison time, fines, and loss of driving privileges. It is important for anyone facing a DUI charge to consult with an experienced attorney to determine the best course of action.
