Felony Driving While Intoxicated
A felony DWI offense can have devastating affects to your life. There is a strong possibility you can have your license taken away and end up in prison. Not to mention the social stigma and guilt if you caused a car accident and injured people while under the influence of alcohol. A felony DWI does not have to ruin your life. If you are charged with a felony DWI, it is important to seek the counsel of an understanding, experienced DWI attorney. There are several defenses to felony DWI charges, and it is possible to avoid a conviction if you speak to a DWI attorney as soon as possible.
Matt Horak is a licensed DWI attorney practicing law in Montgomery, Waller, Fort Bend, Brazoria, Liberty, Harris and Galveston counties. He can answer your questions concerning a number of Felony DWI charges such as:
Avoiding a conviction for a felony DWI offense can save you thousands of dollars in court costs and fines and other penalties. It can also help to keep your car insurance rates low, and it will keep you eligible for employment and education opportunities that you would miss out on with a felony DWI conviction on your record.
Houston Felony DWI Attorney
Defending a felony DWI charge in Texas can be a complicated process, but it is possible to mitigate the damage caused by a DWI arrest. In order to ensure that you have a good defense, contact Mark Horak DWI Attorney as soon as possible to discuss your case. You can contact him locally at (713) 225-8000 or toll free at (800) 225-8009.
Information about Felony DWI in Texas
Back to top
What are the punishments for a third DWI offense?
A DWI offense is considered a felony once a person is convicted of three or more DWI offenses. Under Texas law, a third conviction for DWI is classified as a third degree felony. The Texas Penal Code Section 12.34 lays out the punishments for third degree felonies. The mandatory minimum punishments include:
- A fine not to exceed $10,000;
- The court can impose jail time in the Texas State Prison system for not less than two (2) year or more than ten (10) years;
- The court can impose up to two (2) years of probation or community supervision;
- The court must order an ignition interlock device (IID) which requires a deep lung air sample to be provided before the vehicle will start for all individuals convicted of a third or subsequent DWI crime as a condition of bond and before the individual can obtain any provisional or occupational driver's license that might be awarded after the DWI conviction;
- As part of the community control (probation) the court must impose at least 160 hours of community service, but may require up to 600 hours of community service;
- Driver's license suspension of not less than 6 months or more than 2 years (which does not begin until any period of confinement is served).
If you have prior DWI convictions in Texas or another state, it's vitally important to seek the services of a criminal defense attorney experienced in handling Texas DWI cases. A conviction for a felony DWI charge will have far greater consequences than a misdemeanor conviction.
More information on a third or subsequent DWI charge in Texas
Back to top
What are the punishments for a DWI with Minor in Vehicle conviction?
It is a felony in the state of Texas to operate a vehicle while intoxicated with a minor under the age of 15 in the vehicle. If an individual pleads or is found guilty of a DWI with a minor in the vehicle, punishment may include the following:
- A fine of up to $10,000.00; and
- A prison term of at least 180 days and up to 2 years.
Back to top
What are the punishments for a DWI with Serious Bodily Injury offense?
If a person gets charged with a DWI with Serious Bodily Injury, it falls under intoxication assault according to the Texas Penal Code. Intoxication Assault is a third degree felony in the state of Texas. Below are the possible penalties for a conviction of intoxication assault or DWI with Serious Bodily Injury.
- Incarceration - After a conviction for intoxication assault, the Court is required to impose a prison term of not less than two (2) years in the Texas State Prison (Texas Department of Criminal Justice Penitentiary), although the court is permitted to impose a prison sentence of up to 10 years behind bars;
- Probation - If you are convicted of intoxication assault, the court must impose a minimum of 30 days in the county jail which must be served as a condition of probation. If the court or jury finds that you used a deadly weapon to commit the offense then you may be completely ineligible to receive any kind of a probationary sentence;
- Community Service Hours - Texas law provides that the court must impose at least 160 hours of community service to any probationary term, but the court is permitted to impose up to 600 hours of community service; and
- Fine - A fine of up to $10,000.00.
Back to top
What are the penalties if I get convicted of intoxication manslaughter?
Texas law provides for certain penalties and punishments that the court must impose after a conviction for intoxication manslaughter including the following:
- Incarceration - After a conviction for intoxication assault, the Court is required to impose a prison term of not less than two (2) years in the Texas Department of Criminal Justice Penitentiary (also known as the Texas State Prison System), although the court can impose imprisonment of up to 20 years behind bars;
- Community Service Hours - Texas law provides that the court must impose at least 240 hours of community service to any probationary term, but the court is permitted to impose up to 800 hours of community service; and
- Fine - A fine of up to $10,000.00.
Felony DWI charges carry heavy penalties in the state of Texas. Generally people drink and drive with the intent of making it home safely without harming or killing anyone. However, sometimes you do get into a car accident while intoxicated and someone gets hurt or killed. In order to mitigate the damage done to your criminal history that felony DWI charges cause, contact an experienced lawyer to help you achieve a good result in your felony DWI case.
More information Intoxication Manslaughter in Texas
Back to top
Matt Horak | Texas Attorney for DWI Felony Offenses
If you have been arrested for a third or subsequent DWI, then contact an experienced DWI defense attorney in Houston to talk about the particular facts and circumstances of your drunk driving case. Matt Horak is available to talk with you about your drunk driving case involving a 3rd, 4th, 5th or subsequent DWI arrest. Call our office if you were arrested for DWI anywhere in Houston, The Woodlands, or surrounding counties of Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, or Waller Counties.