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Felony DWI

Plano Felony DWI Attorney

There are three aggravating circumstances involved in a DWI charge that could possibly result in the DWI charge being elevated to a felony charge with enhanced penalties if you are convicted.

They are as follows:

  • If you have received your third (or more) DWI, you will most likely be charged with a third degree felony. This can result in up to 10 years in prison and up to $10,000 in fines.

  • If you were driving while intoxicated with a minor child in your vehicle, you can face a felony charge.

  • If you were involved in a DWI accident that resulted in death, you can face a second degree felony charge, resulting in up to 20 years in prison and up to $10,000 in fines.

What Constitutes a Felony DWI Charge?

Felony DWIs are the most serious type of offense that can be waged against an individual who was found to be operating a motor vehicle under the influence. There are several circumstances that could result in a charge of felony DWI, but four of the most common types of offenses include:

  • Third DWI: In Texas, if an individual is convicted of three or more DWIs, it automatically becomes a felony. Previously, the law stated that the prior offenses had to have occurred within a 10-year period of time, but a recent change in legislature voided this time limitation—making it possible to be charged with a felony DWI after any three consecutive DWIs.

  • DWI with Child Passenger: If a driver is found to be guilty of driving under the influence with a child passenger in the vehicle—any person less than 15 years old—they will automatically be charged with a state jail felony. Even if it is a first DWI offense, it will still be a felony.

  • Intoxication Assault: This type of offense can be waged against any intoxicated driver that has accidentally caused serious bodily injury to another.

  • Intoxication Manslaughter: This type of offense applies to any driver who caused the death of another while operating a vehicle under the influence of alcohol and/or drugs. If a fatality occurred, a driver may also be subject to a forcible blood extraction, despite refusal.

The Consequences of a Felony DWI

When convicted of a third DWI offense, the punishment for this type of felony can result in up to 10 years in prison and the required payment of steep fines. Also, if you were involved in an accident that resulted in a fatality while under the influence of alcohol, you may be faced with a second degree felony, which could lead to up to twenty years in prison and a fine of up to $10,000. A felony conviction is a life changing event. Getting employment can be difficult as most employers will not be interested in hiring a convicted felon, so if you or a family member has been charged with a felony DWI, it is crucial that you get qualified legal counsel immediately.

Discuss Your Case with a Plano Felony DWI Lawyer

At The Zendeh Del Law Firm, PLLC, your criminal defense attorney will draw upon the years of experience and deep and intimate knowledge of the Texas legal system in order to provide you with a solid and comprehensive defense. Your freedom is very important to us and your attorney will do everything possible to protect those freedoms and rights.

Contact a Plano felony DWI Lawyer at The Zendeh Del Law Firm, PLLC today.