Houston Felony DWI Attorney
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!
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.
To fight your felony DWI charges, contact a Houston felony DWI attorney from Guy L. Womack & Associates, P.C. today!
Misdemeanor Theft Charges Dismissed and Expunged from Record
State of Texas v. AMC
Assault Case Dismissed
Texas v. BN
Sexual Assault No Charges Filed
Texas v. AT
Aggravated Assault Case Dismissed
Texas v. ES
Assault w/ Deadly Weapon Charges Will Be Dismissed After Probation
Texas v. JR
Embezzling More Than $125,000 Charges Dismissed
State of Texas v. LM
Aggravated Assault Case Dismissed
State of Texas v. BJV
$300,000 of Equipment and Funds Were Misplaced, Disposed of And/Or Taken Criminal Charges Dropped
State of Texas v. SM
Assault Dismissed After 1 Year of Good Behavior
State of Texas v. CAN
Solicited and Received Child Pornography via File-Sharing Program Case Dismissed After 2 Year Probation
State of Texas v. AWF