Two Types Of Felony DWI's

 Posted on July 24,2020 in DWI

So generally in Texas, we think of driving while intoxicated cases as misdemeanors, and they usually are. However, there are two circumstances in which a DWI may be filed as a felony offense. The first can happen to anyone, whether you've never been in trouble for, whether you have never been arrested, whether you've never had a DWI, and that is DWI with a child passenger. Now, this is a situation in which an individual is charged with DWI with the additional factor of having a child under the age of 15 in the vehicle at the time of the offense. This is going to be a state jail felony and in Texas, state jail felonies can carry up to two years in the state jail facility with a minimum confinement of 180 days, and up to a ten thousand dollar fine.

Additional Felony DWI offenses

So the second time we see driving while intoxicated cases filed as felonies is on a third offense or more. So this is a situation in which somebody has two prior DWI convictions at the time of the DWI third arrest. Now, in Texas, DWI thirds are treated as felonies and they're treated very seriously. A third degree felony punishable by between two and ten years in prison, and up to a $10,000 dollar fine. Now, the judge and the prosecutor are going to take a special interest in your case if you have a DWI third. They're going to see it not as a one-time mistake but signs that an individual has a habitual problem with alcohol.

I've been charged with a felony DWI. What should I do now?

So while Texas always takes DWI charges seriously, felony DWI is a special category and they need to be treated with extra care. You need to retain experienced defense counsel as soon as possible. Give us a call, we have former DWI prosecutors on our staff. We know how to handle these cases and we can certainly help you if you find yourself in a similar situation.