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legalassistant@wm-attorneys.comIntoxicated 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.
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:
DWI (Driving While Intoxicated) is a criminal offense in Texas involving operating a motor vehicle while impaired by alcohol or drugs. Felony DWI applies to specific cases, such as a third or subsequent DWI offense, intoxication assault (causing serious bodily injury), or intoxication manslaughter (causing death). Unlike some states that use ‘DUI’ interchangeably, Texas only applies ‘DUI’ to minors under 21 with any detectable alcohol in their system.
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.
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:
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.
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.
A third DWI conviction is automatically classified as a third-degree felony, regardless of whether there was an accident or injury. If you have a prior intoxication manslaughter conviction, a subsequent DWI can also be treated as a felony with enhanced penalties. Repeat offenders face mandatory jail time, longer license suspensions, and significantly higher fines.
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 attorney in Austin.
For a Felony DWI arrest, law enforcement must first have reasonable suspicion to conduct a traffic stop, such as observing a traffic violation or erratic driving behavior. Once stopped, the officer must establish probable cause before making an arrest. This can be based on failed sobriety tests, slurred speech, the smell of alcohol, or other observed signs of impairment. Without proper probable cause, an arrest may be challenged in court.
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.
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:
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request free consultationMost 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:
These are examples of the court penalties you can face. However, there are other consequences you may face. To know your possible penalties, speak to our Austin felony DWI attorney today.
Beyond court fines, a Felony DWI in Texas triggers significant administrative penalties, including:
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 attorney. You will want to avoid penalties and the long-term impacts of a criminal conviction.
“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.”
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David D. White
Austin Criminal Defense Lawyer
When you work with a criminal defense lawyer in Austin, you have a higher chance of having your charges reduced or dismissed. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we will work to prevent your life from derailing from a criminal conviction.
While our goal is to challenge the prosecution’s case and seek a dismissal, Texas law makes it difficult to reduce Felony DWI charges to lesser offenses. However, we can explore alternative sentencing options, negotiate probation instead of prison, or advocate for reduced penalties where possible. A strong defense strategy can make a critical difference in the outcome of your case. Contact our Austin felony DWI attorney for guidance on your circumstances.
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, our experienced attorneys are committed to defending clients facing serious criminal charges and providing expert legal assistance for Felony DWI cases in the Travis County area. Our firm is conveniently located near you at 608 W 12th St Ste B, Austin, TX 78701, United States. Find us with our GeoCoordinates: 30.27593924306679, -97.74695361060651.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
608 West 12th Street, Suite B Austin, TX 78701
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