Felony DWI Lawyer Austin

Felony DWI Lawyer Austin

Intoxicated driving offenses are some of the most common in Austin. While they are prevalent, that does not mean you are out of legal options. If you are charged with felony DWI, you need legal assistance to defend yourself. A conviction often leads to severe consequences like license suspension, fines, and jail time.

Speak to the felony DWI lawyer in Austin from the Law Office of David D. White, PLLC: Austin Criminal Lawyer. We are ready to support your case. Give us a call at 512-369-3737 or contact us here. We are open 24/7.

Why Choose Our Firm to Represent Your Case?

If you face Felony DWI charges in Austin, Texas, you need the strongest possible defense. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we understand the severe consequences of a conviction. Here’s why our clients trust us to represent their Felony DWI cases in Travis County:

• Experience: With over a decade of defending the rights of those accused of crimes in Austin, lawyer David D. White has established a proven track record of success. You can trust that you receive representation from an attorney with extensive knowledge and experience handling Felony DWI cases.
• Personalized Attention: We focus on our client’s needs from the first meeting. We listen to your side of the story, answer your questions, and address any concerns you may have.
• Aggressive Defense: We are determined to protect your rights and fight for your freedom. We work tirelessly to challenge the prosecution’s case, negotiate for reduced charges or penalties, or seek a dismissal whenever possible.
• 24/7 Availability: Never face Felony DWI charges alone. Contact the Law Office of David D. White, PLLC: Austin Criminal Lawyer today, and let us guide you through the legal process with confidence and relentless dedication.

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What is DWI in Texas?

DWI stands for Driving While Intoxicated, and is a legal term used in Texas to describe the offense of operating a motor vehicle while under the influence of alcohol or drugs. Other states refer to this charge as driving under the influence (DUI). However, in Texas, DUI is a charge that only applies to minors.

In Texas, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. However, even if a driver’s BAC is below this limit, they can still be charged with DWI if their physical or mental faculties are impaired due to alcohol or drugs. Texas has a zero-tolerance policy for DWI involving minors (under 21 years old), where any detectable amount of alcohol can lead to charges.

DWI is a serious criminal offense with potentially severe consequences. The penalties for DWI in Texas can include fines, license suspension, mandatory alcohol education programs, probation, community service, and even jail time, depending on factors such as prior convictions and the level of intoxication. DWI convictions can have long-lasting effects on a person’s driving record, insurance rates, and future opportunities.

Texas law enforcement takes DWI offenses seriously. In some cases, prosecutors can issue DWI charges as felonies, which increases the severity of the matter. Due to the potential legal consequences and impact on your life, it’s advisable to consult a felony DWI lawyer immediately.

Probable Cause in DWI Arrests

One factor that can impact your criminal case is how the officer pulls you over. They must have reasonable suspicion before they can make contact with you. Essentially they must justify that the stop was legal. They usually do this by citing a traffic violation, demonstrating a tip from an anonymous caller, or using NHTSA’s intoxicated driving factors.

Often officers will say they smelled alcohol to justify an investigation. When they say this, they are usually looking for probable cause. When they have that, they can make an arrest. They will usually establish probable cause by asking you questions, conducting field sobriety tests, and through visual observations. These tests can be flawed. When speaking to the officer, refrain from explaining how much you drank. Stay quiet until you talk to an Austin felony DWI attorney.

Field Sobriety Tests

The purpose of field sobriety tests is to determine if you are intoxicated. If the officer can prove this, then they can make an arrest and charge you. Your BAC must be .08 or higher for these charges. DWIs include illegal drugs, prescription medications, or a combination of drugs and alcohol. Some of the most common tests include:

• HGN Test: the officer will hold an object in front of you that you must follow with your eyes. While you follow the object with your eyes, officers are looking for the jerking or twitching of your eye. Officers must follow specific procedures. If they deviate from these steps, your test can be invalid.
• Walk and turn test: you may be asked to walk in a straight line. It will involve taking nine steps, heel to toe. You will then turn in a specific way and return to the starting point. They are looking for eight issues to charge you. Some of these include starting too soon, stopping, turning incorrectly, taking the wrong number of steps, etc.
• One-leg stand: you can be asked to stand on one leg six inches from the ground for thirty seconds. The officer will be looking for four signs of intoxication during this test. Swaying, trying to balance, putting your foot down, or hopping are signs that can make you fail.

These tests are very subjective. There are various reasons why you can fail these tests that do not involve being intoxicated. When you speak to our felony DWI lawyer in Austin, we will review how your test went and if you had another reason for failing these tests.

What Constitutes Felony DWI?

You can be facing several charges for felony DWI. They will each have varying penalties discussed later. Some felony offenses you can be facing include:

• Intoxication assault: if you are intoxicated while operating a motor vehicle and injure someone else, you can be charged with this third-degree felony. In some instances, the charges can be increased to a second-degree felony. Those cases often involve firefighters, police officers, or emergency medical staff.
• Intoxication Manslaughter: if you are intoxicated and operating a motor vehicle causing the death of another person, you can be charged with a felony for intoxication manslaughter. It is typically a second-degree felony. When it involves a firefighter, police officer, or emergency medical personnel, it can be increased to a first-degree felony.
• Multiple DWI convictions: You can face steeper penalties if you have two or more DWI offenses. Additionally, if you have been previously convicted of intoxication manslaughter, you can face a third-degree felony.

You do not want these charges to stay on your record and affect your life. An underage DWI is a Class C misdemeanor with fines upwards of $500. It also requires attending an alcohol awareness class and community service. To fight back, speak to a felony DWI lawyer in Austin.

Potential Penalties for Felony DWI

Most DWI offenses are misdemeanors, but some can automatically be deemed felonies. The penalties are steeper for felonies. You do not want your life derailed because of a misunderstanding or mistake. Among the penalties that you can face for felony DWIs are the following:

• One hundred eighty days to two years in jail and fines up to $10,000 for a DWI conviction
• Third-degree felonies can lead to two to 10 years in prison. You may face the same fine of $10,000.
• Second-degree felonies can lead to two to 20 years in prison. The potential $10,000 fine may also apply.
• For first-degree felonies, there is a mandatory prison term of five years. The maximum jail time is 99 years to life. Fines are still up to $10,000 as well.

These are examples of the court penalties you can face. However, there are other consequences you may face. You may have your license suspended. You must also attend DWI school, counseling, or a drug and rehabilitation program. The state can also require you to install an ignition interlock device. Often not addressed, you may also face an increase in your insurance premium. To lower your penalties, speak to our Austin felony DWI lawyer today.

Your Employer and Your DWI

Many people accused of a DWI wonder if their employer will be notified of their charges. While you might think this situation has nothing to do with your employer, depending on your career path, it might. Texas does not make employer notification optional for specific careers. This rule usually applies to jobs involving a commercial driver’s license (CDL).

Examples of occupations that require this license and employer notification include:

• Chauffeurs
• Bus drivers
• Delivery drivers
• Taxi drivers
• Truck drivers

Employers in these fields will periodically check driver’s licenses and criminal records. If the employer finds a DWI charge or conviction, it can result in employment consequences. They can go as far as firing you for not informing them.

Proving Actual Physical Control

A critical factor in an Austin DWI case is proving physical control of the vehicle. The prosecution is responsible for establishing that you were over the legal limit and were in the operation of a car. This might be easy to prove if the person was driving and then pulled over. However, that is not the only situation that can apply. To be in actual physical control, you do not have to be driving. Some questions that can determine actual physical control of a vehicle include:

• If the car is drivable?
• Was it recently driven?
• Where was the person in relation to the vehicle?
• Was the person in the driver’s seat?
• Were the keys in the ignition?
• Were the keys in the person’s possession?

You may be charged with a DWI even if you were not actively driving the vehicle. Working with the actual physical control defense can help your case. It is challenging to prove the defendant was in control of the car. If you can prove that you were not in actual physical control at the time of the alleged offense, your charges may be reduced or dismissed. Do not try to do this alone. Work with our felony DWI lawyer in Austin.

Costs Associated with DWIs

Many legal fees and fines are associated with DWIs, but some are not often addressed. A DWI charge can cost a pretty penny and hinder your opportunities in the future. Some of the costs you may incur include:

• Probation fees
• Bail
• Impound fees
• Restitution
• Court costs
• SR-22 fees
• Driver’s license suspension and reinstatement costs
• Ignition interlock device installation and associated maintenance fees
• Higher insurance rates
• Alcohol education program costs

You may also suffer employment issues like time off or job loss. You can experience a substantial financial burden if you are charged or convicted of a felony DWI in Texas. However, you have the right to fight back and defend yourself. It is best if you work with an Austin felony DWI lawyer. You will want to avoid penalties and the long-term impacts of a criminal conviction.

Contact a Felony DWI Lawyer in Austin For a Free Consultation Today

You have a higher chance of having your charges reduced or dismissed when you work with a criminal defense lawyer in Austin. It can be tempting to handle these matters independently, but it is ill-advised. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, can contest chemical tests, review evidence and craft a viable defense. We will work to keep your life from derailing from a criminal conviction.

We can work towards a plea deal when things are not favorable. The goal is to get your charges dismissed, but sometimes the best outcome is a lighter penalty. Contact our Austin felony DWI attorney for guidance on your circumstances.

 

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Criminal Defense Lawyer