In Texas, a DWI offense can be either a misdemeanor or a felony, depending on the severity of the incident and prior convictions. A first-time DWI is typically classified as a Class B misdemeanor, with penalties including fines up to $2,000 and jail time up to 180 days. However, repeat offenders or those involved in more severe incidents, such as DWI with a child passenger or intoxication assault, can face felony charges with penalties ranging from 2 to 10 years in state prison and fines up to $10,000. Further examination of specific circumstances and offenses can provide more detailed insights.
Repeat Offenders in Texas
In Texas, the classification of a DWI offense notably escalates for repeat offenders, underscoring the state’s commitment to combating the dangers posed by habitual drunk drivers.
A second DWI offense is categorized as a Class A misdemeanor, potentially leading to fines of up to $4,000, one year in jail, and a two-year driver’s license suspension.
However, a third DWI offense in Texas greatly escalates to a third-degree felony, carrying penalties that include fines of up to $10,000 and up to 10 years in prison.
Mandatory ignition interlock devices and extended license suspensions are also common consequences for repeat offenders.
Additionally, a third DWI conviction imposes severe restrictions on obtaining occupational driver’s licenses, illustrating the state’s stringent approach to repeat drunken driving offenses.
DWI With a Child Passenger
DWI with a child passenger in Texas is a distinct and serious offense under the Texas Penal Code.
Specifically, Section 49.045 of the Texas Penal Code defines this offense as operating a motor vehicle while intoxicated with a passenger under the age of 15. This offense is classified as a state jail felony, regardless of whether it is a first-time offense or if anyone was injured.
The penalties include a fine of up to $10,000 and a jail sentence ranging from 6 months to 2 years. Additionally, the offender may face a license suspension of 90 days to 2 years and the installation of an ignition interlock device.
Key factors that do not influence the felony classification include prior DWI history (for the purposes of this specific charge) and whether the child was endangered.
The presence of a child under 15 alone elevates the offense to a felony status.
Intoxication Assault Charges
Felony DWI charges in Texas can stem from various aggravating factors, including the presence of a child passenger, as previously discussed, where the mere act of driving intoxicated with a child under 15 in the vehicle constitutes a state jail felony.
Another serious circumstance that elevates a DWI to a felony is intoxication assault. This occurs when a person’s intoxication while operating a motor vehicle causes serious bodily injury to another individual.
Under Texas Penal Code Section 49.07, intoxication assault is a third-degree felony, punishable by a fine of up to $10,000 and a prison sentence ranging from 2 to 10 years.
This charge underscores the gravity of driving under the influence and the severe consequences that can result from such actions.
Intoxication Manslaughter Penalties
Under Texas law, causing the death of another while operating a vehicle under the influence of alcohol or drugs leads to a charge of intoxication manslaughter, a second-degree felony with severe penalties.
Intoxication manslaughter is defined by Texas Penal Code Section 49.08 as operating a motor vehicle in a public place while intoxicated and causing the death of another by accident or mistake.
The penalties for intoxication manslaughter include a prison sentence ranging from 2 to 20 years and a fine up to $10,000.
Each charge applies to one victim; consequently, multiple victims result in multiple charges, with penalties that can be stacked.
The severity of these penalties underscores the seriousness with which Texas law treats this crime.
Felony DWI Consequences
When an individual faces a third or subsequent driving while intoxicated (DWI) charge in Texas, the consequences escalate to felony level.
Specifically, a third DWI offense is classified as a third-degree felony, punishable by 2 to 10 years in a state prison and a fine up to $10,000. Additionally, the individual’s driver’s license will be suspended for 180 days to 2 years.
This significant increase in penalties underscores the seriousness of repeat DWI offenses in Texas.
It is essential for individuals facing felony DWI charges to consult with a knowledgeable and experienced defense attorney to navigate these severe consequences and explore potential legal strategies.
