Felony DWI Attorneys in The Woodlands Preventing Harsh Felony Charges and Penalties
Felony sentencing is often harsh as it usually involves repeat DWI offenses or aggravating factors, such as bodily injury or death. Even with a first DWI offense, you can face felony charges if someone gets injured in an accident while driving while under the influence of drugs or alcohol or a combination of both.
Texas has the highest number of drunk drivers in the nation. The Texas Department of Transportation reported that one person dies in DWI and alcohol-related traffic accidents every eight hours.
The least possible jail time and fines are the goals when you’re on the receiving end of felony charges. DWIs cannot be expunged and will become part of your record, following you to new jobs, loans, apartment rentals, and more. Contact our felony DWI attorneys to discuss representation for your case.
What are Felony DWI Charges?
A first and second DWI is typically considered a misdemeanor offense in Texas, though second repeat offenses can be charged as a felony.
If an intoxicated driver has a previous offense and is caught for a second or subsequent time with a blood alcohol content (BAC) level of .15 percent or more will result in a third-degree felony charge with the possibility of two to ten years in prison and fines of up to $10,000.
The four circumstances that shift a DWI to a felony in Texas include:
- Two or more previous DWI convictions
- A child passenger was involved
- An accident caused serious bodily injury
- An accident caused the death
Felony charges often involve prison time. Putting a defense in place and protecting your rights with a DWI lawyer, such as Morgan Bourque Attorney at Law, is a wise choice in the face of serious charges.
What are the Consequences of Intoxication Manslaughter?
Most cases involving intoxication and vehicular manslaughter are tough to defend, so it’s important to have a felony DWI lawyer experienced in cases with this component. The prosecution will aim to prove that your impaired driving caused the accident and death of the victim involved.
If the court agrees, you will likely face second-degree felony charges and serve 120 days in prison. With a guilty verdict, the final sentence might range from two to 20 years in prison and a fine of up to $10,000.
License suspension also will be part of the ruling—six months to two years.
What Other Factors Influence a Felony DWI Charge?
In every legal situation, certain case factors—if present—could shift a charge from a minor offense, like a misdemeanor, to a more serious one, like a felony. This is true of DWI offenses as the circumstances impact the conviction.
For instance, the following situations can shift a second-degree to a first-degree felony, and the defendant could face life in prison. This includes:
- If your blood alcohol concentration (BAC) tested at .15 or above
- Previous intoxication assault charges or history of manslaughter
- If the victim was a first responder or law enforcement
- If a minor child was in the vehicle
- If an open container was found in your vehicle
If you face these charges, make sure you have a DWI lawyer who will fight smart to get the best possible resolution on your behalf.
How Can I Beat a Felony DWI Charge?
A DWI lawyer can help by proving that the allegations against you are false. If the prosecution doesn’t have sufficient evidence, this might be an opening for our attorneys to get the case thrown out.
There are many variables to weigh in a felony DWI charge, though take confidence in knowing that Morgan Bourque Attorney at Law, understands that delicate balance and will examine every possible angle to reach a favorable outcome in your DWI case. We know your job, family, home, and life are at stake.
Preventing a serious conviction, fighting for reduced charges, or getting the case dismissed altogether is the Morgan Bourque Attorney at Law way. Consult with our team regarding your felony DWI charges to see how we can help: 713-766-3733.