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.
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.
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