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What Constitutes a Felony DWI in Texas?

In Texas, the most basic DWI offense is commonly charged as misdemeanor. If there are aggravating factors; however, the defendant is at risk of harsher penalties. There are several instances in which a DWI charge results in a felony. The most common way a DWI is charged as a felony is if it is the defendant's third DWI offense. Having two prior offenses increases the charge to a third degree felony. Other ways that a DWI is charged as a felony in Texas include:

  • Intoxication assault cases
  • Intoxication manslaughter cases
  • DWI with Child Passenger cases

Intoxication assault means that you committed a DWI offense plus an element of serious injury to another person. If your intoxication led to the injury of another by mistake, you could be facing a third degree felony DWI conviction. Intoxication manslaughter is similar to the intoxication assault offense but involves the death of another person, rather than serious injury. This type of DWI offense is the least common, but is charged as a second degree felony in Texas. For these two offenses, it does not matter if it is your first, second or third DWI, you are still facing serious penalties.

Accused of Felony DWI? Contact Us Today

DWI with Child Passenger is the most recent type of felony DWI charge to be added to the Texas Penal Code. In order to be charged with this offense, you must have committed a DWI offense with a passenger under age 15 in the vehicle. This is charged as a state jail felony even if it is a first DWI offense in Texas. Need a lawyer for a felony DWI case in San Antonio? You need to aggressively fight against these serious charges. Team up with a San Antonio DWI attorney from The Law Office of John J. Fox, call to schedule your free case evaluation now!

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