When is a DWI a Felony in Texas?
In Texas, driving while intoxicated (DWI) is a serious offense that can result in severe penalties, including fines, imprisonment, and loss of driving privileges. While most DWI charges are considered misdemeanors, there are certain circumstances under which a DWI can be upgraded to a felony. In this article, we will explore when a DWI is considered a felony in Texas.
What is a Felony DWI in Texas?
A felony DWI in Texas is a third-degree felony, which is punishable by a maximum sentence of 10 years in prison and a fine of up to $10,000. A felony DWI is typically charged when a person has a prior DWI conviction within the past 10 years.
When is a DWI Considered a Felony in Texas?
A DWI is considered a felony in Texas under the following circumstances:
- Prior DWI Conviction within the Past 10 Years: If a person has been convicted of DWI within the past 10 years, their subsequent DWI offense will be charged as a felony.
- DWI with a Child Passenger: If a person is arrested for DWI and has a child under the age of 15 in the vehicle, they can be charged with a felony DWI.
- DWI with a Bodily Injury: If a person is arrested for DWI and causes bodily injury to another person, they can be charged with a felony DWI.
- DWI with a Death: If a person is arrested for DWI and causes the death of another person, they can be charged with a felony DWI.
Consequences of a Felony DWI in Texas
The consequences of a felony DWI in Texas are severe and can have a significant impact on a person’s life. Some of the consequences include:
- Imprisonment: A felony DWI can result in a maximum sentence of 10 years in prison.
- Fines: A felony DWI can result in a fine of up to $10,000.
- Loss of Driving Privileges: A felony DWI can result in the loss of driving privileges for a period of time.
- Collateral Consequences: A felony DWI can result in collateral consequences, such as the loss of certain professional licenses or the inability to own a firearm.
Defenses to a Felony DWI in Texas
While the consequences of a felony DWI in Texas are severe, there are certain defenses that a person can use to challenge the charges. Some of the defenses include:
- Illegal Stop: If the police did not have a valid reason to stop the vehicle, the stop may be considered illegal and any evidence obtained as a result of the stop may be suppressed.
- Illegal Search: If the police did not have a valid search warrant or did not obtain consent to search the vehicle, any evidence obtained as a result of the search may be suppressed.
- Lack of Probable Cause: If the police did not have probable cause to arrest the person for DWI, the arrest may be considered unlawful and any evidence obtained as a result of the arrest may be suppressed.
- Insufficient Evidence: If the prosecution does not have sufficient evidence to prove the charges, the case may be dismissed.
Table: Felony DWI Charges in Texas
| Charge | Description | Penalty |
|---|---|---|
| Felony DWI | Third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000 | |
| DWI with a Prior Conviction within the Past 10 Years | Third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000 | |
| DWI with a Child Passenger | Third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000 | |
| DWI with a Bodily Injury | Second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000 | |
| DWI with a Death | First-degree felony, punishable by up to 99 years in prison and a fine of up to $10,000 |
Conclusion
In conclusion, a DWI can be considered a felony in Texas under certain circumstances, including a prior DWI conviction within the past 10 years, DWI with a child passenger, DWI with a bodily injury, or DWI with a death. The consequences of a felony DWI in Texas are severe and can have a significant impact on a person’s life. If you have been charged with a felony DWI in Texas, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal system and fight for your rights.
