Houston Felony DWI Defense Lawyer
Fighting Felony DWI Charges
A DWI can be charged as either a misdemeanor or felony based on the facts of the case. A person arrested for DWI may be charged with a felony if:
- They have two or more prior DWI convictions
- They have a prior conviction for intoxication manslaughter
- There was a minor child (under the age of the 15) in the car
- The DWI also involved an accident with serious injuries or fatalities
Punishment for Felony DWI
The penalties for a felony DWI can be severe, including imprisonment, heavy fines, driver's license suspension and vehicle impoundment. For example A third
DWI arrest is almost always charged as a third degree felony and carries a range of punishment of not less than two or more than ten years in prison and up to a $10,000 fine. A prison sentence may be probated.
Judges also impose restrictive bond conditions for people accused of felony DWI offenses. These may include an ignition interlock, ankle monitoring, regular drug & alcohol testing, a curfew, and other restrictions.
Almost All Felony DWI Arrests Include Mandatory Breath or Blood Testing
Under Texas Transportation Code Section 724.012, almost all persons arrested for a felony DWI (DWI with a child passenger, intoxication assault, intoxication manslaughter, or having two prior DWI or related convictions) can be required to submit a specimen of their breath or blood for testing. In other words, there is no refusal in a felony DWI situation.
Even though this is a mandatory test, one can still refuse and have their license suspended. The sample will be taken anyway, but the person will then have the right to request an Administrative License Revocation (ALR) hearing, which is important as it may be the first and only opportunity before a criminal trial to confront, test, and cross examine the witnesses against you. In a felony case, where prison time is a very real possibility, the discovery that a Defendant gets in the ALR process may be worth the risk of losing a driver's license for a few months rather than their freedom for a few years.
Contact a Houston criminal defense attorney if you have been charged with felony DWI for advice regarding your legal options. You will need help from a qualified lawyer that will dispute the prosecution's case and protect your rights.
Felony DWI Attorney in Houston
The Law Office of Q. Tate Williams, PC, is a skilled criminal defense firm that has successfully represented clients in felony DWI cases. My name is Tate and I am personally involved with each of my client's cases. I have been a litigator for over ten years, and will vigorously pursue a favorable resolution to your legal situation. Felony DWI is a serious offense that requires skilled representation. I will give you straightforward counsel regarding your defense and how best to proceed with your case.
Contact a Houston felony DWI attorney at my office if you are facing felony DWI charges to discuss your case and defense alternatives.