Your Shield Against the State
Plano Felony DWI Attorney
Defending Your Driving Privileges in Dallas & Collin County
The consequences of a felony DWI can range from years in jail to thousands of dollars in fines, among other more long-term penalties, like license suspension. Felony DWIs are tougher to combat than standard DWIs, as the circumstances surrounding felony DWIs are much more severe. As a result, it is in your best interests to hire a trial lawyer with a deep knowledge of Texas DWI law who knows how to fight in court. Attorney Johnny Lanzillo has been working exclusively as a defender throughout his professional legal career and is personally committed to the side of the defendant. He will put up a passionate fight for you in court against your felony DWI charges and do his best to protect your driving rights.
Contact Lanzillo Law, PLLC for a free consultation to discuss your defense options against your felony DWI charges. Let’s get you safely back on the road.
Is DWI a Felony in Texas?
In Texas, a DWI (driving while intoxicated) is a criminal offense when an individual operates a motor vehicle under the influence of alcohol or drugs. This can include driving with a blood alcohol concentration (BAC) level above the legal limit of 0.08% or while impaired by drugs.
A DWI charge in Texas can be classified as a felony depending on the circumstances of the offense. Factors that may increase a DWI charge to a felony include:
- Having multiple prior DWI convictions
- Causing an accident that resulted in severe injury or death
- Carrying minor passengers
- Having a blood alcohol concentration (BAC) level that is significantly above the legal limit
It is important to note that the classification of a DWI as a misdemeanor or a felony will depend on the specific facts of the case and the laws in place at the time of the offense. In general, a DWI is classified as a misdemeanor if it is a first or second offense and there were no aggravating factors such as an accident or high BAC level. However, if a DWI is the individual's third offense or there were aggravating circumstances present, it may be charged as a felony. It is advisable to consult with a skilled criminal defense attorney to understand the potential consequences of a DWI charge and to develop a strong defense strategy.
Penalties for Felony DWI
The sentence for a felony DWI will depend on the specific offense. In situations where an offender has two or more prior DWI convictions within the past 10 years, their third offense can be charged as a third-degree felony punishable by two to 10 years in prison and up to $10,000 in fines. You may be able to build a case for misdemeanor charges if more than five years have elapsed since the most recent conviction.
Operating a vehicle while intoxicated and carrying a minor passenger (younger than 15 years old) is penalized as a state jail felony. If convicted, you could be facing 180 days to two years in jail and up to $10,000 in fines.
Any DWI causing serious bodily harm to someone or killing another person will be charged as a felony. The former is referred to as "intoxication assault" and is a third-degree felony punishable by two to 10 years in prison and $10,000 in fines; the latter is "intoxication manslaughter” and is punishable as a second-degree felony with penalties of two to 20 years in prison and $10,000 in fines.
Do not hesitate to consult an experienced defense lawyer immediately to discuss your legal options in the face of a felony DWI accusation. Felonies are punished much more severely than misdemeanors, so it is critical that you take quick legal action with a professional. Lanzillo Law, PLLC is highly skilled in DWI cases, and they have tried more DWI cases than average. You can count on the firm to put up a passionate and assertive fight in your defense and in the protection of your rights as a driver.
Schedule a free initial consultation with Lanzillo Law, PLLC to learn more about your defense options.