Is DWI a Felony in Texas?
In the state of Texas, driving while intoxicated (DWI) is a serious offense that can have severe consequences. While it is not always a felony, it can be charged as a felony in certain circumstances. In this article, we will explore the laws surrounding DWI in Texas and answer the question: Is DWI a felony in Texas?
What is DWI in Texas?
In Texas, DWI is defined as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher. This applies to drivers of all ages, including minors. It is illegal to drive while impaired by alcohol or drugs, even if your BAC is below 0.08%.
Is DWI a Misdemeanor or a Felony in Texas?
In Texas, DWI is typically charged as a misdemeanor offense. However, there are certain circumstances under which a DWI can be charged as a felony:
- Third or subsequent DWI offense: If you have two or more prior DWI convictions, your third or subsequent DWI offense can be charged as a felony.
- DWI with a child passenger: If you are arrested for DWI and there is a child under the age of 15 in the vehicle, you can be charged with a felony.
- DWI with a high BAC: If your BAC is 0.15% or higher, you can be charged with a felony.
- DWI with an accident: If you are involved in an accident while driving under the influence and someone is injured or killed, you can be charged with a felony.
Consequences of a Misdemeanor DWI in Texas
If you are charged with a misdemeanor DWI in Texas, the consequences can be severe. You may face:
- Jail time: Up to 180 days in jail
- Fines: Up to $2,000
- Community service: Up to 240 hours
- License suspension: Up to 1 year
- Ignition interlock device: May be required for up to 2 years
Consequences of a Felony DWI in Texas
If you are charged with a felony DWI in Texas, the consequences can be even more severe. You may face:
- Jail time: Up to 10 years in prison
- Fines: Up to $10,000
- Community service: Up to 1,000 hours
- License suspension: Up to 2 years
- Ignition interlock device: May be required for up to 5 years
Table: Comparison of Misdemeanor and Felony DWI Consequences in Texas
| Misdemeanor DWI | Felony DWI | |
|---|---|---|
| Jail time | Up to 180 days | Up to 10 years |
| Fines | Up to $2,000 | Up to $10,000 |
| Community service | Up to 240 hours | Up to 1,000 hours |
| License suspension | Up to 1 year | Up to 2 years |
| Ignition interlock device | May be required for up to 2 years | May be required for up to 5 years |
Defenses to a DWI Charge in Texas
While the consequences of a DWI charge in Texas can be severe, there are defenses that can be used to challenge the charge. Some common defenses include:
- Lack of probable cause: If the police did not have probable cause to stop your vehicle, the evidence obtained during the stop may be suppressed.
- Improperly administered breath test: If the breath test was not administered properly, the results may be challenged.
- Medical condition: If you have a medical condition that affects your ability to operate a vehicle, you may be able to argue that you were not impaired.
- Police misconduct: If the police engaged in misconduct during the stop or arrest, you may be able to argue that the evidence obtained during the stop was tainted.
Conclusion
In conclusion, while DWI is typically charged as a misdemeanor offense in Texas, there are certain circumstances under which it can be charged as a felony. The consequences of a DWI charge in Texas can be severe, and it is important to understand the laws and defenses surrounding DWI in the state. If you have been charged with DWI in Texas, it is important to consult with an experienced attorney who can help you navigate the legal system and protect your rights.
