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Felony DWI Charges in Texas

The state of Texas takes driving while intoxicated (DWI) very seriously. While many DWIs are charged as misdemeanors, it is not at all uncommon for law enforcement to seek felony DWI charges. Depending on the circumstances of your case, you could be facing felony charges after being arrested for driving while intoxicated—and the penalties for such a conviction are extremely harsh.

At the Law Offices of David Sloane, we understand the serious nature of your situation. Our Fort Worth felony DWI attorneys work efficiently, taking immediate action to protect your rights and safeguard your future. We offer aggressive, personalized legal representation and are ready to fight for the best possible outcome in your case.

Call our firm today at (817) 349-7118 or contact us online to schedule a free and confidential consultation with one of our experienced attorneys.

When Is a DWI Charged as a Felony?

Generally speaking, a first or second DWI will be charged as a misdemeanor in the state of Texas. However, certain circumstances may elevate the charges to a felony.

In Texas, a DWI may be charged as a felony if:

  • The alleged offender has two or more previous DWI convictions
  • There was a child passenger in the vehicle at the time of the DWI arrest
  • The alleged offender caused an accident that resulted in bodily injury or the death of another person (intoxication assault/intoxication manslaughter)

When it comes to third and subsequent DWIs, it’s important to note that Texas does not have a “look back” period. In other words, there is no limit to the number of years ago the DWI conviction occurred; if you were ever convicted of two or more DWIs, no matter how long ago, another DWI would count as a third offense and be charged as a felony.

Penalties for a Felony DWI in Texas

If you are convicted of DWI in Texas, you could face up to a year in jail and fines up to $3,000, among other penalties, such as a driver’s license suspension of 90 days to 1 year. However, if you are charged with a felony DWI, the penalties are much more severe. These penalties depend on the circumstances of the arrest and the reason for which the offense was charged as a felony.

The penalties for a third or subsequent DWI in Texas include:

  • A prison sentence of 2 to 10 years
  • A fine of up to $10,000
  • Automatic driver’s license suspension for up to 2 years
  • Additional fees (up to $2,000/year) to keep your driver’s license
  • Mandatory installation of an ignition interlock device (IID)
  • Compulsory attendance in and completion of an approved alcohol education program

If convicted of felony DWI due to having a child passenger, you could face the following penalties:

  • 180 days to 2 years in jail
  • A fine of up to $10,000
  • Automatic driver’s license suspension for up to 2 years
  • Additional fees (up to $2,000/year) to keep your driver’s license
  • Mandatory installation of an IID
  • Attendance in and completion of an approved alcohol education or intervention program

If you are charged with intoxication assault, or causing serious bodily injury due to DWI, you face the following penalties:

  • A minimum prison sentence of 2 years with a maximum of 10 years
  • A fine of up to $10,000
  • Automatic driver’s license suspension for up to 2 years
  • Additional fees (up to $2,000/year) to keep your driver’s license
  • Suspension or revocation of your professional license
  • Mandatory installation of an IID
  • Participation in and completion of an approved alcohol or drug education program
  • Up to 1,000 hours of compulsory community service

In Texas, a DWI resulting in death (intoxication manslaughter) is a second-degree felony and comes with the following penalties:

  • A minimum prison sentence of 2 years with a maximum of 20 years
  • A fine of up to $10,000
  • Automatic driver’s license suspension for up to 2 years
  • Additional fees (up to $2,000/year) to keep your driver’s license
  • Suspension or revocation of your professional license
  • Mandatory installation of an IID
  • Participation in and completion of an approved alcohol or drug education program
  • Up to 1,000 hours of compulsory community service

Contact Our Firm Today for Help with Your Felony DWI Charges

If you are arrested for felony DWI in Texas, you should contact an experienced criminal defense attorney right away. Without an experienced attorney in your corner, you could face severe criminal penalties, administrative consequences, and other harsh implications. Felony DWI charges are very serious, so we urge you to act right away if you or someone you love is facing such charges.

Attorney David Sloane has spent more than two decades defending clients against all types of DWI charges. He and our entire team of Fort Worth felony DWI defense lawyers have the necessary resources, experience, and skill to aggressively advocate for you and your rights.

To learn more about how we can help you with your charges, contact our office at (817) 349-7118 today and request a completely free and confidential consultation.

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