Felony DWI
If you are charged with a felony DWI, call Lee D. Cox, lawyer.
If a driver operates a motor vehicle in a public place after consuming drugs or alcohol, then that driver is subject to arrest for driving while intoxicated {DWI}. Under certain conditions, the arrest may rise to a felony. Contact a criminal defense attorney in Fort Bend County for assistance in protecting your rights.
A DWI arrest will be a felony charge under Section 49 of the Texas Penal Code if any of these conditions are present:
If you have had two prior DWI convictions. However, the court may find that if you have serious problems with drugs or alcohol, you may present a serious threat to yourself or others, and a felony charge can then be brought for a second DWI offense.
A person who drives while intoxicated and causes serious bodily injury or death to someone else, can find prosecutors may bring a charge of intoxication assault or second degree manslaughter, according to the specifics of the incident and extent of injuries that result.
Also if a child under age 15 is in the vehicle, a driver arrested for DWI is subject to a felony charge.
If convicted for a felony DWI {including Intoxication Assault} penalties are more severe than for either a first or second DWI offense. The Texas Penal Code states that a third degree felony in connection with a DWI carries penalties of:
- Two to ten years in state prison.
- A fine up to $10,000.
- Suspension of driving privileges for between 180 days and two years.
- Community service between 160 hours and 600 hours.
- The convicted driver’s vehicle may be required to have an ignition interlock device requiring a breath sample before driving.
- The Court may demand you be required to enter drug or alcohol rehabilitation or counseling treatment during incarceration or post-release.
Typically DWI convictions beyond the third time result in imprisonment without parole.
DWI convictions for Intoxication Manslaughter are considered second-degree felonies and carry prison sentences of between 2 and 20 years. A fine of $10,000 may also be imposed, as well as community service between 240 hours and 800 hours. You may also be subject to civil penalties for causing serious injury or death through carelessness, negligence, or recklessness. Victims’ families may pursue civil damages for personal injury or wrongful death lawsuits.
If arrested for DWI, you may be asked to conduct field sobriety, urine, breath, or blood testing to confirm the presence of drugs or alcohol. Those who have Texas driver’s licenses are presumed to presumptively consent to such tests. Nevertheless, you have the right to refuse these tests understanding there may be consequences to such refusal.
If you’re arrested for suspicion of driving while intoxicated (DWI), law enforcement officials may ask you to submit to a field sobriety test, urine test, breath test or blood test to determine the presence of drugs or alcohol. If you refuse to submit to testing, your license may be suspended. You should contact an experienced Fort Bend County attorney who can request a hearing within 15 days of arrest to protect your rights. Your refusal may be used against you at trial with the risk that a jury may interpret the refusal as an admission of guilt. There is an exception in accidents where someone was seriously injured or killed.
Because conviction of a DWI charge may be life-altering, you should not hesitate to contact a qualified Fort Bend law firm to vigorously defend your rights. Your ability to find future employment, credit, and reengage with your community can be impaired from a DWI conviction. A Fort Bend County attorney can protect your best interests through the legal system and negotiate a lesser sentence if conviction appears probable. Don’t wait until it is too late, call an attorney early to protect your rights
