Is DWI A Felony or Misdemeanor
In Texas, a DWI is typically classified as a misdemeanor offense. DWI can become a felony charge under certain circumstances.
Texas DUI | Felony vs Misdemeanor
DWI is a serious offense in Texas, and the penalties can be extremely severe. If you are convicted of DWI, you could be facing a range of punishments, including jail time, fines, and the loss of your driver’s license.
But what many people don’t realize is that DWI can also be classified as a felony offense in certain circumstances. If you are facing felony DWI charges, it’s important to understand what this means and how it could impact your case. A skilled criminal defense lawyer can help you navigate the legal system and fight for the best possible outcome in your case. Contact us today for a free consultation.
Misdemeanor DWI Texas
Drive While Intoxicated (DWI) offenses are increasingly being taken more seriously in Texas. As a result, individuals who are arrested for a DWI should be aware that the DUI offense is typically classified as a misdemeanor offense and that punishments may vary depending on the severity of the case.
Misdemeanor DWI Punishment
Possible penalties include probation, fines & fees, restricted or suspended license, required alcohol education classes and/or community service. Depending on the circumstances, these penalties can also be combined with a jail or prison sentence.
It is important to hire an experienced criminal defense attorney to ensure your rights are protected throughout this process. An experienced criminal defense lawyer can help fight or reduce any potential charges.
DWI Class B Misdemeanor in Texas
A DWI (Driving While Intoxicated) in Texas is considered a Class B misdemeanor, as classified under the Texas Penal Code (see below). Depending on the individual’s unique circumstances, penalties for this crime may range from costly fines to even more severe consequences that can significantly affect one’s life.
Since conviction carries with it both short and long-term implications, it is crucial to seek the help of an experienced criminal lawyer who can ensure the best possible outcome by examining all relevant factors. With their help, they can assist you in taking actions that can reduce any potential legal or financial losses associated with these types of convictions.
Texas Penal Code Sec. 49.04(d)
Sec. 49.04. DRIVING WHILE INTOXICATED. (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class B misdemeanor. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
Felony DWI in Texas
However, there are certain aggravating factors that can elevate the charge to a felony.
When it comes to criminal charges and the degree of their seriousness, there are several big differences between a misdemeanor and a felony. In general, misdemeanors are far less severe and therefore come with shorter jail sentences (if any) and less expensive fines.
However, this isn’t always the case and there are certain aggravating factors that can turn a misdemeanor into a felony in no time at all. As you might imagine, having your charge elevated in this way can mean much bigger penalties and is something that should be taken very seriously no matter what the situation.
As such, consulting an experienced criminal lawyer is always a must if you find yourself facing these heightened charges.
Felony DWI Penalties
As a criminal lawyer, it is always important to remind potential clients that the ramifications of a felony DWI are much harsher than those for a misdemeanor. In addition to an extended amount of jail-time, the financial penalties for this type of offense can be absolutely crippling – often involving astronomical fines or expensive court-mandated programs.
Unfortunately, society tends to punish felonies committed while driving drunk more harshly than misdemeanors, as they are viewed as particularly outrageous violations of public safety. Therefore, it is wise to take all necessary steps in avoiding such offenses and never taking risks that could lead down this path.
DWI Class B Misdemeanor in Texas
A DWI (Driving While Intoxicated) in Texas is considered a Class B misdemeanor, as classified under the Texas Penal Code. Depending on the individual’s unique circumstances, penalties for this crime may range from costly fines to even more severe consequences that can significantly affect one’s life.
Since conviction carries with it both short and long-term implications, it is crucial to seek the help of an experienced criminal lawyer who can ensure the best possible outcome by examining all relevant factors. With their help, they can assist you in taking actions that can reduce any potential legal or financial losses associated with these types of convictions.
How Many DWI’s in Texas is A Felony?
The laws governing drunk driving in Texas are some of the toughest in the nation. In general, a misdemeanor DWI (Driving While Intoxicated) can become a felony depending on the number of previous convictions a person has and their Blood Alcohol Content (BAC) at the time of arrest.
3rd and 4th DWI – Texas
Generally speaking, anyone with three or more DWI’s as an adult or two DWI’s as a minor may face felony charges regardless of their BAC. If any extreme criminal negligence is involved such as endangering someone’s life or causing a fatal accident serious criminal charges can automatically be filed, no matter the number of DWIs already accumulated by an individual.
It is important to understand that simply having more than three prior convictions does not automatically make a current DWI into a felony – each situation is unique and must be handled on an individual basis. As experienced criminal lawyers, we are well-equipped to evaluate your case and help protect your rights in court if you should find yourself facing these types of charges.
What Aggravating Factors Can Make DWI A Felony in Texas?
In Texas, driving while intoxicated (DWI) is usually charged as a misdemeanor, however there are certain aggravating factors that can lead to a stronger felony conviction. These factors include having an exceptionally high blood alcohol content (BAC), injury or death caused by the impaired driver, fleeing the scene of an accident due to intoxication, having minor passengers in the car at the time of the offense, and having prior DWI convictions.
It is important for anyone facing these charges to be aware of these factors and contact an experienced criminal lawyer that can ensure their rights will be upheld throughout court proceedings.
Texas DWI Penalties, Fines, Jail Time
First DWI in Texas Penalties
- Up to $2,000 fine
- Up to 180 days jail time (with 3 mandatory days upon conviction)
- Lose driver’s license for up to 1 year
2nd DWI in Texas Penalties
- Up to $4,000 fine
- 1 month to 1 year jail time
- Lose driver license for up to 2 years
3rd DWI in Texas Penalties
- Fine up to $10,000
- 2 to 10 years in prison
- Lose driver license up to 2 yrs
4th DWI in Texas Penalties
- At this point you need to stop reading blog articles and call your attorney.
Keep in mind that all of the above convictions may also include a State of Texas fine of $3,000 and up to $6,000, which will be assessed at sentencing.
DWI With Child Passenger Punishment
- If the passenger is under 15, then you will be charged with DWI child endangerment. This is bad.
- An additional fine of up to $10,000
- Up to 2 yrs jail time
- Loss of TxDL for an additional 180 days
DWI Lawyers
As a criminal lawyer, I can tell you that with a DWI charge in the state of Texas, the stakes could not be higher. You could face hefty fines, jail time, and incredibly severe restrictions on your driving privileges.
This is why it is so important to obtain experienced defense in order to help protect your rights and avoid the worst consequences. With an experienced lawyer on your side, you can rest assured knowing that every effort will be taken to get you the best outcome possible. Do not hesitate too long; should you find yourself facing a DWI charge in Texas, contact me right away and get started on defending your case.
In conclusion, dealing with any DWI in Texas is no easy task. It is highly recommended to have a qualified criminal defense attorney handle the case and make sure that your rights are protected throughout. The legal consequences for DWI in Texas can range from mild to very severe depending on the circumstances.
A first offense DUI may be classified as a misdemeanor but aggravating factors such as driving with a minor or exceeding a certain BAC limit can raise the charge to a felony. Even with the latter, it still may be possible to successfully resolve the case by negotiating with prosecutors and other legal representatives before it goes to trial. Nonetheless, you should always seek out experienced counsel so you can gain access to the proper resources, guidance and representation to get through these difficult times.
See also…Order of Non-Disclosure in Texas. See also…Can I get an expunction for my DWI?
Texas DWI FAQ
Is my 3rd DWI a Felony?
Generally speaking, yes. Although each case is different, and in certain situations your third DUI may not be charged as a felony. Contact an attorney for a full explanation.
Can I get a felony DUI expunged?
It is unlikely, but each situation is different and it is difficult to correctly answer this question without knowing all the facts surrounding your specific case.
Can I get my drivers license back after a DWI?
Most people do. Your situation may involved certain circumstances that make getting your license back more, or less likely. Contact our office to discuss.
Criminal Law Resources
- Texas Department of Transportation Impaired Driving Penalties – DUI & DWI https://www.txdot.gov/safety/driving-laws/impaired-driving.html
- DWI Court Program in Harris County, Tx designed to reduce alcohol addiction…https://www.ccl.hctx.net/criminal/DWI/
- See also Harris County District Courts https://www.hcdistrictclerk.com/common/criminal/criminal_courts.aspx
- Diabetes and False Positive Breathalyzer
