What Defining Elements Constitute a Felony DWI?
A DWI can escalate to a felony in Texas under several circumstances. Typically, under the Texas Penal Code, a DWI may be charged as a felony if it's a repeat offense or if it involves aggravating factors such as carrying a minor passenger, or causing bodily injury or death.
Remember, even if this is your first DWI arrest, if there are aggravating factors, you may face felony charges.
Examples of felony DWI charges include:
- Third offense DWI
- Driving While Intoxicated with Child Passenger
- Intoxication Assault
- Intoxication Manslaughter
What Are the Penalties for a Felony DWI in Texas?
The penalties for a felony DWI in Texas are severe. They can include hefty fines, license suspension, and extensive prison time. This is not to mention the long-term consequences on your life and reputation.
For example, on a felony third-offense DWI conviction penalties include:
- Up to a $10,000 fine
- Two (2) to 10 years imprisonment.
- Up to a two-year (2) driver's license suspension
How Long Does a Felony DWI Remain on Your Record in Texas?
In Texas, a felony DWI conviction will likely remain on your permanent record. This can have long-lasting ramifications on your life, including employment, housing, and personal reputation. This can also impact future legal proceedings, such as future criminal cases or family law matters.
If you are facing a felony DWI conviction, working with an experienced lawyer is strongly encouraged. Your attorney can guide you in exploring all legal avenues you qualify for. This may include remedies like filing a petition for an order of nondisclosure of criminal history record information.
A Proven History Of Success
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Motion to Revoke Withdrawn Aggravated Assault with a Deadly Weapon
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Case Rejected Aggravated Sexual Assault of a Child
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Case dismissed Assault Family Violence
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Case dismissed Assault Family Violence Case
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Case dismissed Assault Family Violence Case
Steps to Take After Arrest for a Felony DWI
If you're arrested for a felony DWI, do your best to stay calm and composed. Exercise your right to remain silent and seek legal counsel immediately. Remember the decisions you make early on can impact the course of your case.
Upon arrest for a suspected DWI, take the following steps immediately:
- Remain Calm: Try to stay calm and composed; your behavior can affect your case.
- Refuse Field Sobriety Tests: You can politely refuse field sobriety tests, which are not mandatory. However, there are consequences to refusing.
- Do Not Resist Arrest: Comply with law enforcement officers without resisting.
- Exercise Your Rights: Remember that you have the right to remain silent other than providing your identification.
- Avoid Self-Incrimination: Do not discuss your case with anyone other than your attorney.
- Contact an Attorney: Request to speak with an attorney as early as possible.
Empowering Your Defense with Winters & Chidester
At Winters & Chidester, we are committed to pursuing justice for our clients. By choosing us, you leverage the knowledge of former prosecutors, receive personalized representation, and a multipronged defense that places your needs at the forefront.
Our Georgetown felony DWI attorneys are known for their:
- Extensive trial experience
- Spanish-language services
- Team-based honest approach
- Commitment to client education
When facing felony DWI charges, you want a robust defense. Contact Winters & Chidester to learn how we can assist you with your case.
