Facing a felony DWI charge in Texas is a serious matter with significant consequences. Understanding the nature of the charges, the potential penalties, and the legal strategies available is crucial for anyone in this situation. If you or someone you know is dealing with a felony DWI charge, consulting with an experienced attorney is essential to navigate the complex legal process and work towards the best possible outcome.
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The penalties for felony DWI in Texas are more severe than those for misdemeanor offenses and can include:
Incarceration: The length of jail time for a felony DWI can vary based on the specific circumstances of the case. Generally:
Third DWI Offense: This is classified as a Third-Degree Felony, punishable by 2 to 10 years in prison.
Injury or Death: If the DWI results in serious injury, it can be charged as a Second-Degree Felony, with a potential prison term of 2 to 20 years. If someone dies as a result, it can be classified as a First-Degree Felony, carrying a prison term of 5 to 99 years.
Child Passenger: Driving intoxicated with a child passenger can lead to a State Jail Felony, with a potential sentence of 6 months to 2 years in a state jail facility.
Fines: In addition to jail time, felony DWI convictions often come with substantial fines. For a third-degree felony, fines can reach up to $10,000. If charged with a state jail felony, fines can also be significant, though generally lower.
Probation: Depending on the case, some offenders may be eligible for probation, but this often comes with stringent conditions such as regular check-ins, community service, and mandatory substance abuse treatment.
License Suspension: A felony DWI conviction will lead to a lengthy driver’s license suspension, often lasting several years. After serving the suspension period, regaining driving privileges may involve additional requirements, including the installation of an ignition interlock device.
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Navigating a felony DWI charge requires skilled legal representation. Defendants have several potential defense strategies, including:
Challenging Evidence: Disputing the accuracy of BAC tests or field sobriety tests can be a viable defense. Errors in testing procedures or equipment malfunction can impact the case.
Procedural Errors: If law enforcement violated constitutional rights during the arrest or search, it could affect the admissibility of evidence.
Lack of Intent: In some cases, demonstrating that the driver did not have the intent to drive impaired can influence the outcome.
Texas law mandates that you be given an initial court appearance within a reasonable time frame after your arrest. This appearance, known as an arraignment, is where you will be formally informed of the charges against you. During this appearance, you may also have the opportunity to request a public defender if you cannot afford private legal representation.
-Legal Representation
Navigating the legal system can be complex, especially when dealing with a DWI charge. In North Texas, it is highly recommended to consult with an experienced DWI attorney who can help you understand your rights, advise you on the best course of action, and represent you in court. An attorney can help negotiate plea deals, contest the evidence against you, and work to mitigate the consequences of a conviction.
I am a DWI lawyer with 28+ years of experience and the founder of The Coffey Firm, which specializes in DWI and Criminal Defense. My firm handles a wide range of cases, ranging from class B misdemeanors up to 1st degree felony offenses. Mimi Coffey is board certified by the National College of DUI Defense (NCDD) and listed on several top directories such as Fort Worth DWI Lawyers, Dallas DWI/DUI Attorneys, Tarrant County Top DWI lawyers and Dallas Top DWI Attorney.
The Coffey Firm has abundant experience with DWI cases. We also have a track record of successful trial outcomes in Dallas County, Tarrant County, and Wise County Courts. For a DWI or any criminal case, call 817-831-3100 to schedule a free DWI consultation with our experienced Fort Worth DWI defense law firm.
When you face a DWI arrest in North Texas it can be scary, intimidating, and exhausting. Therefore, throughout this DWI process of your case, you will want a caring, knowledgeable, and hard-working team on your side. Because of that, The Coffey Firm commits itself to helping you through this DWI process.
Each of our attorneys work hands-on to ensure that you will feel comfortable and aware of all of your options. Our confidential evaluations are also free, all you need to do is call us now at 817-831-3100