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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Understanding Felony 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 Felony Offenses in Austin

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 (Third-Degree Felony)

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 (Second-Degree Felony)

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 attorney in Austin.

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.

Penalties for Felony DWI Convictions in Austin, Tx

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:

• 108 days to 2 years in jail and fines up to $10,000 for a DWI conviction
• Third-degree felonies. Can lead to 2 to 10 years in prison. You may face the same fine of $10,000.
• Second-degree felonies. Can lead to 2 to 20 years in prison. The potential $10,000 fine may also apply.
• First-degree felonies carry mandatory prison terms of five years and a maximum jail time of 99 years to life. Fines are still up to $10,000.

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.

Costs Associated with Felony DWIs Charges

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 attorney. 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

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.

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