Austin Felony DWI Lawyer

Is DWI a Felony in Texas?

Driving While Intoxicated (DWI) is a serious offense in Texas. While a first- and second-time DWI is typically a misdemeanor, there are many cases in which you can face a felony DWI, even if it’s your first DWI. When this occurs, felony DWI charges can lead to severe life-altering consequences such as imprisonment, costly fines, and mandatory community service. If you are facing felony DWI charges in or around Austin, it is strongly advised that you take immediate action to defend your rights and protect your future by hiring a knowledgeable Austin felony DWI attorney.

At Smith & Vinson Law Firm, our Austin felony DWI lawyers understand the complexities of Texas DWI laws and know which legal methods work best when building an ironclad defense. Our team includes a former prosecutor with a thorough grip on how the state will work against you in search of a conviction and can use that insight to fight back. From the start of your case until its conclusion, we will be with you every step of the way, from discussing your situation after an arrest to dealing with your administrative hearing and court appearances.

Arrested? Call us at (512) 359-3743 or contact us online to schedule a free case evaluation with an Austin felony DWI lawyer.

Factors That Elevate DWI Charges to a Felony in Texas

In Texas, certain aggravating circumstances can escalate a DWI charge to a felony, significantly increasing the severity of the penalties. Understanding these circumstances is crucial, as felony DWI charges come with severe consequences, including extended prison sentences, hefty fines, and prolonged license suspensions.

Third & Fourth DWI (Third-Degree Felony)

The most common type of felony DWI in Texas is a third DWI offense. Under current state law, if you have two prior DWI convictions, a third offense will be charged as a felony. Previously, a third DWI could be charged as a Class B misdemeanor and treated as a first offense if at least 10 years had passed since the last DWI. However, this is no longer the case. Today, any prior DWI convictions can be used to enhance a new charge, leading to more severe penalties.

Potential penalties for a third DWI:

• Fines: $10,000
• Prison Time: 2 to 10 years
• License Suspension: Up to 2 years

In addition, you may face an annual surcharge of $1,500 to $2,000 per year for 3 years, along with up to 600 hours of community service. Probation is also possible, with strict conditions that may include attending DWI education classes, undergoing substance abuse treatment, and having regular meetings with a probation officer. 

Additionally, the mandatory installation of an ignition interlock device will be required.

If you are convicted of a subsequent DWI (fourth within 10 years), you may be charged with a second-degree felony punishable by up to 20 years in prison, $10,000 or more in fines, and a 2-year driver’s license suspension.

Intoxication Assault (Third-Degree Felony)

Intoxication assault occurs when a person, while committing a DWI, causes serious bodily injury to another individual. Unlike other felony DWI charges, no prior convictions are required for a DWI to be elevated to a felony when it involves intoxication assault. This offense is typically classified as a third-degree felony, but some exceptions can elevate it.

A charge of intoxication assault is elevated to a second-degree felony if the accident:

• Involved a peace officer; or
• Caused brain damage or left someone in a vegetative state.

Possible defenses to this charge include proving the defendant was not intoxicated, proving the injury does not meet the legal definition of "serious bodily injury," or proving the intoxication did not cause the accident or injury.

Potential penalties for intoxication assault:

• Fines: Up to $10,000
• Jail Time: 2 to 10 years
• License Suspension: 180 days to 2 years

Intoxication Manslaughter (Second-Degree Felony)

If your intoxicated driving results in the death of another person, you will face a second-degree felony for intoxication manslaughter. The victim can be another driver, passenger, or pedestrian. The death does not have to occur instantly.

Potential penalties for intoxication manslaughter:

• Fines: Up to $10,000
• Prison Time: 2 to 20 years
• License Suspension: 180 days to 2 years

Texas law allows for the "stacking" of punishments for both intoxication manslaughter and intoxication assault. This means that if there are multiple victims, you can be charged with multiple counts, and the sentences can run consecutively, rather than concurrently, as is common with most felony punishments in Texas.

DWI with Child Passenger (State Jail Felony)

Under the Texas Penal Code, even a first-time DWI will be elevated to a state jail felony if a child under 15 is in the vehicle. This enhancement applies regardless of whether the driver has any prior convictions. 

Potential penalties for a DWI with a child passenger:

• Fines: Up to $10,000
• Jail Time: Up to 2 years
• License Suspension: 180 days

Understanding the Long-Term Consequences of a Felony DWI

Facing a felony DWI charge can be overwhelming, and the implications extend far beyond the courtroom. It’s crucial to understand how a felony conviction may impact various aspects of your life, both now and in the future. At Smith & Vinson Law Firm, we believe that knowledge is power, and we are here to guide you through this challenging time.

Here are some potential long-term consequences of a felony DWI conviction:

• Employment Challenges: Many employers conduct background checks, and a felony record can limit job opportunities or result in job loss.
• Loss of Professional Licenses: Certain professions require a clean record. A felony DWI can jeopardize your professional licensing status.
• Increased Insurance Premiums: A felony DWI conviction often results in significantly higher car insurance rates, impacting your financial stability.
• Travel Restrictions: Some countries may deny entry to individuals with felony convictions, affecting your ability to travel internationally.
• Emotional and Social Impact: The stigma associated with a felony conviction can strain personal relationships and lead to emotional distress.

At Smith & Vinson Law Firm, we understand the gravity of these consequences and are committed to providing you with the best possible defense. Our experienced legal team will work tirelessly to protect your rights and seek the most favorable outcome for your case. Don’t face this challenge alone—contact us today for a confidential consultation.

Defending Against DWI Charges in Texas

Being charged with a felony DWI in Texas can have serious consequences, including fines, license suspension, and even jail time. At Smith & Vinson Law Firm, our experienced Austin DWI defense attorneys understand the intricacies of DWI law in Texas and are committed to protecting your rights and future.

We offer a range of DWI defense services, including:

• Investigating the circumstances of your arrest
• Challenging the validity of field sobriety and breathalyzer tests
• Negotiating plea bargains and reduced charges
• Representing you at trial

Our team can work closely with you to develop a personalized defense strategy tailored to your case. We understand that being charged with a DWI can be stressful, but we are here to help fight for the best possible outcome.

Proactive Steps to Take After a DWI Arrest

Being arrested for a DWI can be overwhelming, but taking proactive steps immediately can significantly impact the outcome of your case. Here are some essential actions to consider:

• Contact an Experienced Attorney: Engaging a knowledgeable attorney like those at Smith & Vinson Law Firm as soon as possible can help protect your rights and navigate the legal complexities of your case.
• Gather Evidence: Collect any evidence that may support your defense, such as witness statements, dashcam footage, or photographs from the scene.
• Document Everything: Keep a detailed record of your arrest, including interactions with law enforcement, field sobriety tests, and anything else that may be relevant.
• Consider Your Options: Discuss potential plea deals or alternative sentencing options with your attorney to understand the best path forward.
• Stay Informed: Educate yourself about the DWI process in Texas, including timelines, potential penalties, and available defenses.

Taking these steps can not only help you feel more in control during a challenging time but also set the foundation for a strong defense. At Smith & Vinson Law Firm, we are dedicated to providing our clients with the support and guidance they need to navigate their DWI cases effectively.

Why You Need Smith & Vinson Law Firm

DWI charges can do more than just put you in jail. They can disrupt your professional life, cost you a fortune in fines, seriously harm your personal relationships, and haunt you long into the future. Our firm understands what is at stake and can work toward a favorable outcome in your case, such as getting charges dropped or minimized or a sentence reduced. With our thorough understanding of DWI law and a drive to provide outstanding legal service, your case will be in fighting hands. Our Austin felony DWI attorneys represent clients throughout Travis County, Williamson County, and Hays County, including Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and beyond.

Contact us online or at (512) 359-3743 today to speak with a Austin felony DWI lawyer.

Texas Felony DWI FAQ

What is the difference between a misdemeanor and a felony DWI?

A misdemeanor DWI typically involves first or second offenses without aggravating factors. In contrast, a felony DWI involves more severe circumstances such as third offenses or DWI with a child passenger.

Can I get my felony DWI reduced to a misdemeanor?

Depending on the specifics of your case and the strength of the evidence against you, it may be possible to negotiate a reduction of your felony DWI charge to a misdemeanor. An experienced attorney can explore this option on your behalf.

What should I do if I'm arrested for felony DWI?

Remain calm and exercise your right to remain silent. Do not provide any statements to law enforcement without an attorney present. Contact Smith & Vinson Law Firm as soon as possible to discuss your case.

How can a felony DWI conviction affect my life?

A felony DWI can have long-lasting effects, including difficulty finding employment, securing housing, and losing certain civil rights, such as the right to vote or possess firearms. It can also lead to strained personal relationships.

Can I fight a felony DWI charge?

Yes, with the help of an experienced Austin DWI attorney, you can challenge the charges. Defense strategies may include questioning the legality of the traffic stop, the accuracy of the evidence, and the conduct of law enforcement.

How long do I have to request an ALR hearing?

You have 15 days from the date of your arrest to request an ALR hearing to contest the suspension of your driver's license. Failing to request a hearing within this period results in an automatic suspension.