Protecting Your Freedom and Your Future
Texas enforces some of the harshest driving while intoxicated (DWI) laws in the nation. Although all DWI offenses are serious crimes that pose harsh penalties, there are several circumstances in which the criminal punishments are enhanced significantly. When this is the case, alleged offenders require the bold, aggressive and proven legal representation that an Austin DWI lawyer from Austin Criminal Defense Attorney can provide. If you or a loved one is currently facing allegations for a felony DWI offense, allow an Austin criminal defense attorney from the firm to fight for you.
Types of Felony DWIs in Texas
Standard DWI charges are misdemeanor offenses. These crimes can be enhanced, however, when aggravating circumstances are involved. In Texas there are a few situations that may subject a defendant to enhanced felony charges. These include the following:
Prior Convictions Your prior criminal DWI record can play a role in the type of DWI charge you may face. Most importantly, a 3rd DWI conviction will result in a felony. If you have previously been convicted of a felony DWI, regardless if the new conviction is a 3rd offense or not, you will also face felony charges.
DWI with Child Passenger Having a child in the car at the time of an arrest is a serious offense that will result in a felony charge. This holds true for both alcohol and drug impairment. According to § 49.045 of the Texas Penal Code, a child passenger is anyone in the vehicle under the age of 15. DWI with child passenger is a state jail felony, an offense punishable by no less than 180 days in jail and no more than 2 years. Fines up to $10,000 may also be assessed.
Intoxication Assault (DWI Causing Injury) Texas Penal Code § 49.07 makes it a felony offense for a person, by accident or mistake, to cause serious bodily injury to another while operating a motor vehicle, watercraft or aircraft while intoxicated. Serious bodily injury means any injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of a body part or organ. A third degree felony, intoxication assault is punishable by a minimum of 2 years and a maximum of 10 years in prison and/or a fine of up to $10,000.
Intoxication Manslaughter (DWI Causing Death) According to Texas State Penal Code § 49.08, a person commits a felony offense if they are operating a motor vehicle and cause the death of another by accident or mistake. A felony of the second degree, intoxication manslaughter poses penalties of up to $10,000 in fines, and/or a minimum of 2 years and a maximum of 20 years in prison.
Contact Austin Criminal Defense Attorney Today
If you or a loved one is currently facing allegations for a felony DWI of any type, you need to seek legal counsel as soon as possible. At Austin Criminal Defense Attorney, an experienced and passionate Austin DWI attorney is here to fight for your rights, your freedom and your future. If you would like to discuss your case and learn more about the ways in which an Austin criminal defense lawyer can help, contact the firm today.