When can a DWI be charged as a Felony in Texas?
It is important to understand that the circumstances directly surrounding your DWI arrest could greatly affect your charges. In the state of Texas, first and second time DWI convictions are only considered to be misdemeanors. You will have automatically been charged with a felony DWI in Texas if it is your third conviction.
What Could Cause a Misdemeanor DWI to Become a Felony DWI in Texas?
Certain factors could transform a misdemeanor into a felony DWI, including:
- You are arrested for a DWI while driving a child under 15 years of age.
- Penalties for this offense include anywhere from 180 days to 2 years in state jail and fines up to $10,000.00.
- You are arrested for a DWI after getting in an auto accident that resulted in serious injuries.
- Penalties for intoxication assault in Texas include incarceration for 2 to 10 years, as well as up to $10,000.00 in fines. It is also mandated by Texas law that the judge in these cases must order at least 160 hours but no more than 600 hours of community service.
What If I Was Charged With a Felony DWI in Another State?
If you are arrested in another state for a felony DWI, Texas will still be informed about your conviction. As long as the state you were charged in is a part of the Interstate Driver’s License Compact. In addition, the only states who are not members of this compact include Tennessee, Wisconsin, Massachusetts, Georgia, and Michigan.
Call Our Experienced Houston DWI Defense Lawyers
Having spent over 15 years defending the rights of the accused throughout Houston, Attorney Martinez is a top-rated legal advocate. Being rated as a Clients’ Choice DUI Lawyer on Avvo for 2012. Also named a Top DWI Lawyer by Houston Texas Magazine for 2011. In addition, Attorney Martinez has a 10.0 Rating on Avvo, which is the highest possible score he can receive. This score was from his peers for his exemplary work in the legal community.
Leave your felony DWI charges in the hands of an attorney who truly knows how to best protect your rights, call The Martinez Law Firm for a free consultation!