There are two broad categories of criminal offenses in Texas: misdemeanors and felonies. Misdemeanors refer to less serious crimes, such as certain traffic offenses, and they usually accompany fines and lower penalties. Felonies, however, are far more serious; a conviction may come with years in prison and an exorbitant fine.
The sad truth is that in many of these cases, the defendant was completely unaware that he or she was even committing a crime – let alone a felony. Fortunately, a criminal lawyer in Dallas can evaluate your case and identify potential defense strategies to mitigate the penalties.
Call the Law Offices of Robert Gregg at (214) 891-7536 if you would like to schedule a consultation with an experienced DWI attorney. In the meantime, read on to learn three offenses that constitute a felony DWI in Texas:
- Causing Serious Bodily Harm
If your blood-alcohol content is over 0.08 and you cause an accident that seriously injures someone, then it is likely that you will face charges of felony DWI. If someone was gravely hurt, the law classifies the offense as a third-degree felony. If convicted, the fine alone may cost up to $10,000.
Furthermore, your extended stay in jail may last as long as 10 years. The minimum incarceration penalty for this charge is two years.
The judge may also order community service as another consequence of this crime. If he or she does, then the minimum sentence is 160 hours of community service. At most, you may have to spend 600 hours performing menial labor for your community.
- Serial Offender
Felony charges also apply to repeat DWI offenders. In fact, your first and second convictions are respectively Class A and Class B misdemeanors. If you continue onto a third conviction, the state will consider the offense a third-degree felony
- DWI with a Minor
The Texas Department of Transportation makes it very clear that if police arrest you for drunk driving, and they find a child below the age of 15 in the car with you, then you will face child endangerment charges. A conviction may cost up to $10,000 and two years behind bars.
There are several possible defenses to use against felony DWI charges, depending on your specific case and the circumstances around your arrest. As an example, the police may not pull you over without probable cause, and if they did, then your breath test and other evidence may be inadmissible in court. The courts may also dismiss your case if the breathalyzer was incorrectly calibrated.
There are few experiences that can match the stress that comes with facing DWI charges. A conviction can revoke your driving privileges, cost you thousands and land you behind bars.
An experienced criminal attorney can prepare your defense and help you navigate the legal system. To get started, call the Law Offices of Robert Gregg at (214) 891-7536 to schedule a consultation.