Driving while intoxicated (DWI) charges are some of the most common criminal charges pursued in Texas. They are also offenses that frequently end in people pleading guilty instead of defending themselves.
Those accused of a DWI offense might assume that state prosecutors should bring misdemeanor charges against them. They might also anticipate receiving lenient treatments if they cooperate with the courts by pleading guilty. DWI charges can be more serious than people realize, and the penalties possible may range from probation to a lengthy sentence in state facilities.
In some cases, Texas prosecutors can bring felony charges against someone accused of impaired driving instead of misdemeanor charges. Felony charges carry higher penalties and generate more social stigma.
When are felony DWI charges possible in Texas?
Many DWI offenses are technical infractions. Someone breaks the law and gets caught, but their actions may not have any direct impact on others. Other times, drunk drivers cause collisions that put people in the hospital or lead to someone dying.
Prosecutors in Texas can pursue felony charges for vehicular assault or vehicular homicide when drunk motorists injure people or cause fatal crashes. Those involved in collisions and accused of impairment at the wheel may already understand that their case may face more scrutiny and trigger harsher penalties than a violation based solely on someone’s blood alcohol concentration (BAC).
Causing injury to others is not always necessary for felony DWI charges in Texas. There are a couple of other situations in which the state could charge someone with a felony DWI. If someone has at least two prior DWI convictions, then their third offense might be a felony charge. Additionally, if someone gets pulled over for a traffic stop and arrested for a DWI with a passenger under the age of 15 in the vehicle, that might also lead to felony charges.
Both those accused of misdemeanor DWI offenses and those facing felony charges may need to look into their options for defending against those accusations. Learning about how Texas prosecutors handle DWI cases may benefit those accused of breaking the law. People who understand state rules could have an easier time preparing an effective defense strategy.