If you cause a wreck or accident while driving drunk, you could face years or even decades in jail. For a DWI wreck with property damage , you will face drunk driving charges as well as reckless damage or destruction charges, a Class C misdemeanor. However, if the accident caused extensive damage, the prosecutor could pursue felony reckless damage and destruction charges. If your drunk driving accident causes injuries , you will face intoxication assault charges, a third-degree felony that carries the following penalties:.
If you kill someone while driving drunk , you will face intoxication manslaughter charges, a second-degree felony with penalties as follows:. If the victim was a first responder, you will face first-degree felony charges and the following penalties:. Complete a Free Case Evaluation form now.
The penalties for having a DWI on your record, although not mandated by any statutes, can have a significant effect on your life. Employers can deny your application for employment based on your conviction and landlords may refuse to rent you a house or apartment.
You cannot obtain or hold many types of professional licenses after a DWI conviction. Butler Law Firm has been dealing with DWI cases for many years and can help through this troubling time. He knows the ins and outs of the DWI process, so he can best represent you in your case. If you are a minor or if you are involved in an accident caused by drunk driving, then you can face more serious charges.
A second, third or even fourth DWI offense can lead to a longer jail time of up to 10 years. As a result, make sure you circle on your calendar the deadline date and locate a local Texas attorney to help you preserve your right to an administrative license revocation hearing.
So, when is a DWI offense charged as a felony, and what are the criminal penalties? A DWI is generally only charged as a felony if you have been previously convicted of at least 2 prior misdemeanor DWI offenses. However, there are certain circumstances under which you will be charged with a felony even for a first or second DWI offense. If you injure another motorist or a pedestrian while driving intoxicated, you will be charged with a third-degree felony, even if this is your first or second DWI offense.
Intoxication assault is punishable by:. One of the key issues to examine when defending an Intoxication Assault charge is whether the alleged intoxication is the direct cause of the injury to the victim. In other words, the State of Texas must prove beyond a reasonable doubt that the injury was sustained due to the intoxication. Failure to prove this critical element of the offense beyond a reasonable doubt would require the State of Texas to drop the charge down to the lesser offense of misdemeanor DWI.
A grand jury is a panel of citizens charged with reviewing evidence and determining if a criminal case exists. If you have been charged with Intoxication Assault, your DWI attorney should review the evidence thoroughly to determine if a packet of evidence should be submitted to the grand jury to fight your case.
If another motorist, pedestrian, or passenger dies while you are driving while intoxicated, you could be charged with intoxication manslaughter. Intoxication manslaughter is a second-degree felony punishable by:.
Similar to Intoxication Assault, Intoxication Manslaughter requires a showing that the element of intoxication was the actual cause of the death of another. Failure to do so will result in a not guilty verdict if your case goes to a jury trial. Additionally, the same options available to your DWI attorney listed above could apply here.
Your DWI lawyer could gather evidence and make a presentation to the grand jury to potentially no bill the case or have it dropped to a lesser charge of misdemeanor DWI. If you are carrying a child passenger under 15 when you are arrested, you will be charged with a DWI with child passenger.
The punishment range is years in prison and up to ten years of probation. Being charged with a felony DWI in Texas is more common than most people think, and consider the costs that come with a felony conviction:.
If you are arrested for felony DWI in Texas, you need an aggressive attorney fighting for you every step of the way to keep you from becoming a convicted felon. The laws and the court system are stacked against you from the very beginning of your case.
An experienced DWI lawyer may be able to point out to the prosecutor, the judge, and the jury that the arresting officer did not conduct a proper or lawful investigation before deciding to arrest you.
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