Can a DWI lead to a felony charge in Texas?
If you are reading this article, then you or a loved one may have recently been charged with a DWI in Austin, which we understand can be a scary and stressful experience. If you’re wondering if a DWI can lead to a felony in Texas, the short answer is yes.
While most DWI or DUI arrests are misdemeanor level offenses, under certain circumstances, Driving While Intoxicated charges can be felony ones. Felonies are much more serious than misdemeanors. They entail higher bail amounts, harsher punishments, and more severe consequences. If you’ve been accused of a felony DWI in Travis County or nearby, it’s essential to do everything in your power to avoid a conviction, as a felony on your record can have devastating ramifications, including:
Prison time
Steep fines
Loss of driver’s license
Damage to your reputation and/or standing in the community
Getting fired or let go from your job
Loss of professional licenses
Loss of scholarships
Loss of gun ownership rights
Loss of voting rights
Child custody issues
And more.
Fighting a felony DWI charge in Texas is not something you can do alone. You need the help of an aggressive, smart DWI / DUI defense lawyer, someone like Chris Perri in Austin who has extensive experience winning trials, getting cases dismissed, and negotiating complex plea deals that avoid felony convictions. Throughout Travis County, Hays County, Williamson County, and beyond, Chris has a proven track record of getting the best results for his clients, even those facing felony-level charges.
What raises a DWI to a felony level crime in Texas?
As previously mentioned, most DWI or DUI charges in Austin are misdemeanors. However, some DWI arrests result in felony charges. For a DWI charge to be at the felony level, one or more of the following must be true:
The defendant is facing their third DWI conviction. This means that prior to the most recent arrest, you have been convicted of DWI at least two other times. If you have two DWI convictions on your record, any new DWI arrests will be felonies. However, if you have prior DWI arrests that did NOT result in convictions, then new DWI charges will likely still be at the misdemeanor level.
Someone was seriously injured as a result of a DWI. If another person was physically harmed as a result of your driving and the police believe you were intoxicated at the time, then you’ll likely be charged with a type of felony DWI called Intoxication Assault.
Someone died as a result of a DWI. If your driving caused another person to die and police officers suspect your intoxication level was a contributing factor, then chances are you’ll be arrested for an extremely serious type of felony DWI called Intoxication Manslaughter.
The defendant is arrested for a DWI following an Intoxication Manslaughter conviction. If you have an Intoxication Manslaughter conviction on your criminal record, any future DWI arrests, no matter how “minor” the offense, will automatically be bumped up to the felony level.
A child was in the car at the time of the DWI arrest. Regardless of how intoxicated you may or may not actually have been, if a police officer pulls you over and suspects that you’ve been drinking alcohol and sees a child passenger in your vehicle, then you will likely be charged with a felony DWI.
A felony DWI arrest does not mean all hope is lost, especially in Travis County.
For many people, a DWI arrest is their first time interacting with the criminal justice system. It can be terrifying and overwhelming, especially if the charges you are facing are at the felony level. Felony crimes are severe, with life-changing penalties, such as loss of gun rights, prison time, devastation to professional reputation, and more. That said, all hope is not lost. An arrest does not always equate to a conviction.
A skilled criminal defense attorney in Austin, like Chris Perri, can help protect your future. Chris Perri has helped countless clients facing felony charges by proving to the jury, judge, and/or prosecution that the arrest was wrongful or the charges too severe. Sadly, people are wrongfully arrested for DWIs and other crimes all the time.
Sometimes people arrested for crimes like DWI are battling mental health and chemical dependency issues, such as depression or alcoholism. Chris Perri has also successfully helped clients avoid felony convictions by getting them into Travis County diversion courts, such as the DWI treatment court and mental health courts. These special courts, which focus on treatment over punishment, only accept a few defendants who can prove their commitment to self-improvement, so it’s essential to hire a lawyer with extensive experience advocating for clients in this way.
If you or someone you know needs help with a DWI in Austin, call Chris Perri Law today.
One bad night should not define you. An award-winning firm with a proven history of success, Chris Perri Law is ready and able to fight for your future. Whether you’re facing a first-time DWI or a felony Intoxication Assault charge, we will fight zealously to avoid a felony conviction and ensure the best possible outcome for your specific case. Hiring our firm means no stone will be left unturned, no legal angle left unexplored.
Serving clients in Travis County, Hays County, Williamson County, and throughout Texas, contact Chris Perri Law at www.chrisperrilaw.com or (512) 269-0260 for a free case consultation today.