
Felony DWI Attorney Houston
Felony DWI Charges in Texas
Driving while intoxicated (DWI) is covered under §49.04 of the Texas Penal Code which states that a person is guilty of DWI if they operate a motor vehicle while intoxicated in a public place with a blood alcohol content (BAC) of .08% or greater. In most cases, an offense under this section is classified as a Class B misdemeanor offense, which includes a minimum term of confinement of 72 hours. However, if the prosecution can show that the driver had an elevated BAC of 0.15% or more at the time of the arrest, then the individual will be charged with a Class A misdemeanor.
If you are facing possible felony charges for drunk driving in TX, contact our Houston felony DWI lawyer! Call us at (713) 364-9913.
Third Offense DWI and Aggravating Factors in TX
While most first and second convictions are prosecuted as misdemeanors, under other circumstances a DWI can be prosecuted as a felony. For example, driving while intoxicated with a child passenger younger than 15 years of age is a state jail felony.
Or, if the person has been convicted of any other two offenses relating to operating a motor vehicle, or aircraft, water craft, or assembling an amusement park ride while intoxicated, then the third offense will be prosecuted as a third degree felony. Furthermore, if the person is convicted of a second DWI offense and if they were previously convicted of intoxication manslaughter, then they will be charged with a third degree felony.
Intoxication Assault in TX
A person commits the offense of intoxication assault when while operating a motor vehicle while intoxicated, they cause serious bodily injury to another person as a result of their intoxication. Intoxication assault is a third degree felony in Texas.
Intoxication Manslaughter in TX
A person is guilty of committing the offense of intoxication manslaughter when while operating a motor vehicle, their intoxication causes the death of another human being by accident or mistake. Intoxication manslaughter is a second degree felony. A person will also be charged with a second degree felony if he or she caused serious bodily injury to a police officer, firefighter, or emergency medical technician while they were performing their official duties.
Second & Third Degree Felony DWI Charges in TX
In Texas, the punishment for a second degree felony includes from 2 to 20 years in prison and a maximum $10,000 fine. The punishment for a third degree felony includes from 2 to 10 years in prison and a maximum $10,000 fine. A state jail felony is punishable by 180 days to 2 years in jail and a maximum $10,000 fine.
Understanding the Consequences of a Felony DWI Charge
Navigating the legal landscape of felony DWI charges can be overwhelming, especially when considering the long-term implications. A felony DWI conviction not only carries severe penalties, including substantial fines and lengthy prison sentences, but it can also have lasting effects on your personal and professional life.
Here are some significant consequences you should be aware of:
- Criminal Record: A felony DWI will result in a permanent criminal record, which may affect future employment opportunities and housing options.
- Increased Insurance Rates: Following a felony conviction, your insurance premium could skyrocket, making coverage increasingly unaffordable.
- Loss of Driving Privileges: You may face an extended suspension of your driving privileges, significantly impacting your mobility and daily activities.
- Rehabilitation Requirements: You may be mandated to complete alcohol education or rehabilitation programs, which can be time-consuming and costly.
Taking proactive steps by seeking legal counsel can significantly impact your case. At Guy L. Womack & Associates, P.C., we offer personalized consultations to discuss your situation and potential defenses. Understanding your rights and the implications of a felony charge is crucial—don't hesitate to reach out for the guidance you need to navigate this complex legal process.
Your Rights During a DWI Stop
Understanding your rights during a DWI stop is crucial for protecting yourself and ensuring fair treatment. Many individuals are unaware that they possess rights that can impact the outcome of their case. Knowing what to do and what not to do can make a significant difference in the legal process.
Here are some key rights you should be aware of:
- The right to remain silent: You are not obligated to answer questions without an attorney present. Politely asserting this right can prevent self-incrimination.
- The right to refuse a field sobriety test: While refusing a breath or blood test may have consequences, you have the right to decline field sobriety tests, which can be subjective and difficult to pass.
- The right to legal counsel: You have the right to consult with an attorney at any time before and during police questioning. Having legal representation is vital to navigating the complexities of DWI charges.
If you find yourself facing a DWI stop, remember that the choices you make can affect your case. Our skilled attorneys at Guy L. Womack & Associates, P.C. are here to help you understand and assert your rights effectively. Contact us today for a consultation!
To fight your felony DWI charges, contact a Houston felony DWI attorney from Guy L. Womack & Associates, P.C. today! Call us at (713) 364-9913.


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