When an individual is convicted of driving while intoxicated (DWI) he or she can be subjected to severe penalties. Most DWI or DUI related crimes are considered misdemeanor offenses. However, some DWI offenses are automatically charged as felonies.
If convicted of a felony DWI, offenders can face substantial prison time and fines. In order to avoid having your life derailed by felony DWI charges, it is vital that you consult with an experienced DWI attorney in San Antonio.
Driving While Intoxicated
When an individual operate a motor vehicle while intoxicated, he or she is guilty of DWI or DUI. An individual is considered intoxicated if his or her normal mental or physical faculties or impaired due to the consumption of drugs or alcohol. A driver can also be considered intoxicated if his or her blood alcohol content is measured above the legal limit of .08.
DWI Felony Offenses in San Antonio
In Texas, some DWI offenses are considered so serious that they are automatically charged as a felony offense. Some of these offenses include:
Intoxication Assault (Texas Penal Code Ann. § 49.07): If an individual operates a motor vehicle while he or she is intoxicated, and causes serious bodily injury to someone else, he or she can be charged with a third-degree felony. These charges can be upgraded to a second-degree felony if the victim was a peace officer, firefighter, or emergency medical technician.
Intoxication Manslaughter (Texas Penal Code Ann. § 49.08): When an intoxicated driver causes the death of another person, he or she is guilty of a second-degree felony. If the victim was a peace officer, firefighter, or emergency medical personnel, the alleged offender can face first-degree felony charges.
DWI with a Child Passenger (Texas Penal Code Ann. § 49.045): If an individual operates a vehicle while intoxicated, and has a passenger who is less than 15 years old, he or she can be charged with a state jail felony.
Multiple DWI Convictions (Texas Penal Code Ann. § 49.09(b)): If an individual has been convicted of two or more DWI related offenses, or if he or she has been convicted of intoxication manslaughter, he or she can face third-degree felony charges if arrested for any subsequent DWI offenses.
Penalties for a Felony DWI Conviction in Texas
Felony DWI convictions regularly result in jail or prison time, along with steep fines. Depending on the charges, these penalties can include:
- If an individual is convicted of a DWI offense that is considered a state jail felony, he or she can face between 180 days to two years in jail, and/or a fine of up to $10,000.
- A third-degree felony is punishable by between two to 10 years in prison, and/or a fine of up to $10,000.
- If an individual is convicted of a second-degree felony, he or she can be sentenced to between two to 20 years behind bars, and/or up to a $10,000 fine.
- A first-degree felony carries a mandatory prison sentence of at least five years, with a maximum of 99 years or life, and/or a fine of up to $10,000.
Aside from these penalties, individuals convicted of felony DWI can also be subjected to driver’s license suspensions, DUI School, drug and alcohol rehabilitation, counseling, the installation of an ignition interlock device, as well as other appropriate penalties.
Felony DWI Lawyer in San Antonio, TX
Contact The Parent Law Firm today to discuss your felony DWI Charges in San Antonio, Bexar County, Kendall County, Boerne, Comfort and the surrounding areas. As a meticulous felony DWI defense attorney, Dave Parent will methodically analyze the facts surrounding your case and use proven legal tactics to help you achieve a favorable outcome.
Call Dave Parent today at 210-819-4111 if you are facing felony DWI charges in San Antonio or the surrounding areas. Your initial consultation is free, and it is the first step in developing your thorough defense.