The DWI or Driving While Intoxicated is one of the most common roadside violations in the United States. Year after year, thousands of motorists get flagged down for suspected over intoxication while driving. Similarly, there are also hundreds of accidents every month caused by drunk drivers.
Driving when you had too much to drink is never safe, not just for you but also to your passengers, fellow drivers, and the pedestrian. Regret is always in the end; thus, it is best to stay safe. Texas is one of the strictest states when it comes to driving laws so better be careful when you are drinking and planning to drive. If you know, you will drink much then it is better to leave your car and take a cab home or have someone drive you home. However, if you can, limit your drinking.
The consequences of getting arrested and eventually charged for DWI is serious. It will not only cause you embarrassment and money, but it could also hinder you from doing many things since you will have a criminal record. And for those who are asking is getting a DWI a felony? The answer there is yes but on a case to case basis. You will either get charged for misdemeanor DWI or felony DWI, depending on your offense and the gravity.
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Misdemeanor DWI
On your first and second conviction for DWI, the charges will be counted as a misdemeanor. That is if the offense is a plain DWI. First and second offense DWI is class B misdemeanor and will get charged by the penalties for the crime. On your first offense, you may get penalized for a maximum of $2,000 plus jail time of no more than six months. On the second offense, the penalties are doubled. You may receive a prison time of no more than one year plus penalties of $4,000 maximum.
Felony DWI
There are three situations when a DWI may get counted as a felony. They are as follows.
Third Offense
While getting charged for DWI on your first and second is counted as a misdemeanor, your third is already considered a felony offense. Thus, you will be dealt with following the penalties of a felony. You may get a prison sentence of a maximum of two years plus fines of no more than $10,000. Additionally, your license may also get suspended, and you may need to pay annual charges of up to $10,000.
Serious Injury
Another instance when your DWI charge may get turned into a felony charge is when the court proves that your intoxication and drunk driving caused severe harm to someone. The basis for your poisoning will be on your Blood Alcohol Content (BAC) which has a limit of 0.08. Once you exceed, you may get charged for intoxication assault under the Texas Penal Code Section 49.07.
Death
If it is proven that you exceeded the BAC limit of 0.08 and your driving caused the end of an individual, then you will get charged for intoxication manslaughter which is underwritten under the Texas Penal Code Section 49.08. In this case, you may get indicted for a second-degree felony.
If you have any trouble with DWI in Texas, visit our firm so we can give you our expert assistance and counsel.
