What is a DUI In Texas
Driving under the influence (DUI), more commonly referred to as driving while intoxicated (DWI) in Texas, is a serious offense with potentially devastating consequences.
One of the most common questions people have is whether a DUI is considered a felony in Texas. The answer is that it depends on several factors.
In this comprehensive blog, we’ll delve into the complexities of DWI laws in Texas, explore when a DUI can be charged as a felony, and address some of the most common questions surrounding this topic.
If you or a loved one is facing DWI charges, seeking legal counsel is crucial.
Is a DWI a Felony In Texas?
In most cases, a first or second DWI offense in Texas is classified as a misdemeanor. However, certain circumstances can lead to felony DWI charges:
Third or Subsequent DWI Offense
If you have two prior DWI convictions on your record, a third or subsequent offense will be automatically charged as a third-degree felony.
DWI with a Child Passenger
If a person is arrested for DWI and there is a child passenger under the age of 15 in the vehicle, the charge is enhanced to a state jail felony.
Intoxication Assault
If someone is injured due to your DWI, you could be charged with intoxication assault, a third-degree felony.
Intoxication Manslaughter
If someone is killed as a result of your DWI, the charge is intoxication manslaughter, a second-degree felony.
High BAC
If your blood alcohol concentration (BAC) is 0.15% or higher at the time of arrest, your first DWI offense can be charged as a Class A misdemeanor, carrying harsher penalties than a typical first-time DWI.
What Happens When You Get a DUI in Texas?
The consequences of a DUI conviction in Texas can be severe and far-reaching. These may include:
Jail Time
Even a first-time DWI conviction can result in jail time.
The minimum jail sentence for a first-time DWI is 72 hours, but it can be longer depending on the circumstances. Felony DWI convictions carry significantly longer potential jail sentences.
Fines
You will likely face hefty fines, which can range from hundreds to thousands of dollars, depending on the severity of the offense.
License Suspension
Your driver’s license will be suspended for a period, even for a first-time DWI. The suspension period can be longer for subsequent offenses or felony DWI convictions.
Probation
You may be placed on probation, which can include conditions such as community service, mandatory DWI education programs, and regular drug and alcohol testing.
Ignition Interlock Device
You may be required to install an ignition interlock device (IID) on your vehicle, which prevents the car from starting if alcohol is detected on your breath.
Increased Insurance Rates
Your car insurance rates will likely increase significantly after a DWI conviction.
Criminal Record
A DWI conviction will create a permanent criminal record, which can impact your employment opportunities, housing options, and other aspects of your life.
How Much Does a DUI Cost in Texas?
The financial cost of a DUI in Texas can be substantial. In addition to the fines and court costs, you may also incur expenses for:
Attorney Fees
Hiring an experienced DWI attorney is crucial for protecting your rights and minimizing the consequences of a conviction. Attorney fees can vary depending on the complexity of your case.
Bail
If you are arrested for DWI, you may have to post bail to be released from jail pending your trial.
Towing and Impound Fees
Your vehicle may be towed and impounded after a DWI arrest, resulting in additional fees.
DWI Education Programs
You may be required to complete DWI education or intervention programs, which can come with fees.
Increased Insurance Premiums
As mentioned earlier, your car insurance rates will likely increase significantly after a DWI conviction.
Lost Wages
If you are incarcerated or have your license suspended, you may lose income due to missed work.
The total cost of a DUI in Texas can easily reach several thousand dollars, even for a first-time offense.
Additional Frequently Asked Questions about DUIs in Texas
Can I get a DUI expunged in Texas?
Unfortunately, DWI convictions in Texas are not eligible for expungement. This means that the conviction will remain on your criminal record permanently.
Can I refuse a breathalyzer in Texas?
You have the right to refuse a breathalyzer test in Texas. However, refusing the test will trigger an automatic license suspension, and the refusal can be used against you in court.
What is the difference between a DUI and a DWI in Texas?
In Texas, the terms DUI and DWI are often used interchangeably. However, the legal term for the offense is DWI (Driving While Intoxicated).
Can I still drive after a DUI in Texas?
Your driver’s license will be suspended after a DWI conviction.
The length of the suspension will depend on the severity of the offense and whether it’s a first or subsequent offense.
You may be eligible for an occupational license during the suspension period, which allows you to drive to and from work or school under certain restrictions.
How long does a DUI stay on your record in Texas?
A DWI conviction in Texas stays on your criminal record permanently.
Can a DUI affect my immigration status?
A DUI conviction can have serious consequences for immigrants, including deportation or denial of naturalization.
If you are an immigrant facing DWI charges, it is essential to consult with an attorney who specializes in both criminal defense and immigration law.
Conclusion
Facing DWI charges in Texas is a serious matter with potentially life-altering consequences.
Understanding the complexities of DWI laws and the potential penalties is crucial for anyone in this situation.
If you or someone you know is facing DWI charges, seek legal counsel immediately.
Remember, the sooner you seek legal assistance, the better your chances of successfully navigating the legal process.
