Felony DWI
Facing a DWI charge in Texas is a serious matter, especially if it has escalated to a felony offense. For many individuals, this can feel overwhelming and confusing. However, understanding the legal definitions, potential consequences, and how an experienced attorney can help you is a first step toward protecting your rights and securing a better future.
What Is Felony DWI in Texas?
A Driving While Intoxicated (DWI) offense becomes a felony under specific circumstances in Texas. Here’s a breakdown of the key legal definitions to help you understand what this means:
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- Intoxication: You are considered intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher, or if you do not have the normal use of your mental or physical faculties due to alcohol or drugs.
- DWI: Operating a motor vehicle in a public place while intoxicated.
- Felony DWI: A DWI becomes a felony offense when:
- It is your third or subsequent DWI offense.
- It involves someone seriously injured due to your driving while intoxicated (intoxication assault).
- It results in someone’s death due to your driving while intoxicated (intoxication manslaughter).
- And...you can get a felony DWI by having a child passenger in your vehicle who is under the age of 15.
- Prior DWI: If you have previous DWI convictions.
Additional Charges Under Felony DWI
- Intoxication Assault refers to causing serious bodily harm to another person while driving under the influence.
- Intoxication Manslaughter refers to causing the death of another individual while driving intoxicated.
Both charges carry criminal penalties and significant personal, financial, and emotional consequences.
Penalties for Felony DWI in Texas
Texas has strict laws and severe consequences for felony DWI offenses. Here’s what you need to know:
Third Offense DWI
Classification: Third-degree felony
Penalties:
- 2 to 10 years in prison
- Fine of up to $10,000
- Driver’s license suspension for 180 days to 2 years
- Additional Consequences:
Installation of an ignition interlock device at your expense
Increased insurance costs (high-risk SR-22 insurance required)
Permanent criminal record
Intoxication Assault
Classification: Third-degree felony
Penalties:
- 2 to 10 years in prison
- Fine of up to $10,000
- Civil lawsuits from the injured party
Impact:
Financial damages for the victim's medical expenses or lost wages
Long-term effects on your employment and reputation
Intoxication Manslaughter
Classification: Second-degree felony
Penalties:
- 2 to 20 years in prison
- Fine of up to $10,000
- Permanent license suspension in severe cases
Impact:
Civil liability for damages to the victim’s family
A lifelong criminal record that affects future opportunities
Other Penalties That Apply to Felony DWI Convictions
Probation: Courts may order probation, but violating terms could result in imprisonment.
Community Service: Judges often require unpaid community service work as part of the penalty.
Alcohol Education Program: You may be required to complete a court-mandated education program about the dangers of alcohol misuse.
A felony DWI affects more than just your freedom or finances. Increased insurance costs, difficulty finding employment, and restrictions on housing opportunities are lasting consequences.
How Legal Expertise Can Make a Difference
At Blizzard and Zimmerman, we pride ourselves on delivering exceptional legal outcomes. If you’re facing a felony DWI charge, working with an experienced attorney like Jacob Blizzard could be the key to minimizing the impact on your life.
Case Example: Felony DWI Reduced to Misdemeanor and Probation
The Challenge
Our client faced a third DWI charge that carried the risk of severe penalties, including mandatory jail time. This was due to two prior convictions, creating a felony DWI situation.
Strategy for Success
Attorney Jacob Blizzard used his extensive knowledge and strategic thinking to craft a defense built on compelling arguments:
Age of Prior Offenses: Mr. Blizzard successfully argued that the prior DWIs were significantly dated and should carry less weight in the current case.
Borderline BAC: The client’s borderline blood alcohol concentration (BAC) was emphasized to reduce the severity of the charges.
The Outcome
The felony DWI was reduced to a misdemeanor, resulting in a probation-only sentence with no required jail time. This remarkable outcome allowed the client to avoid incarceration and continue building a better future.
Jacob Blizzard is among only 87 attorneys in Texas certified in both Criminal Law and Criminal Appeals by the Texas Board of Legal Specialization. His expertise and dedication set him apart as a leader in DWI defense.
Why Choose Blizzard and Zimmerman
Choosing the right attorney to handle your felony DWI case is critical. Here’s why Blizzard and Zimmerman is the right team to defend your rights:
Certified Legal Expertise: Jacob Blizzard’s dual certifications ensure top-tier representation in even the most complex DWI cases.
Proven Results: Our case history speaks volumes about our ability to negotiate, strategize, and fight for our clients.
Personalized Defense: We tailor our strategies to fit the unique details of your case, ensuring the best possible outcome.
Protect Your Future
A felony DWI charge doesn’t have to define your future. With the right legal representation, you can minimize the penalties and move forward with your life. Don’t wait to take action.
Contact Blizzard and Zimmerman Attorneys today to schedule your case review and start building a strong defense.
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