The state of Texas takes driving while intoxicated charges very seriously, and in some cases, these charges are more damaging than others are. That’s why some DWI arrests are classified as felony offenses, while others are only misdemeanor criminal offenses. Some things that could result in felony drunk driving charges include:
The degree of felony will depend upon the circumstances. Third-degree felony charges are brought about whenever someone has two or more prior convictions or is involved in an accident involving serious injury. When carrying a child passenger under 15, the crime is a state jail felony. It becomes a second-degree felony whenever there is an accident involving death.
The penalties for a DWI conviction can vary greatly. A state jail felony can result in:
The penalties for a third-degree felony DWI can include:
Punishment for second-degree felonies may be:
There are a number of things that can be done to defend felony drunk driving charges. First, attorneys will attempt to challenge the validity of field sobriety tests by showing that the individual who administered the test did not follow proper procedures or have adequate certification. It might also be possible to challenge the reason for making a traffic stop or to prove that the defendant was not actually at fault in cases where there has been an accident. In some instances, it could be in an individual’s best interest to plead guilty to a less serious offense, and a felony drinking and driving attorney can help negotiate a better deal than what the average person is able to achieve on his own.
Felony drinking and driving charges in Texas require an aggressive defense, and that is exactly what you’ll get when you contact Brett A. Podolsky. Board-certified in criminal law, Mr. Podolsky is also a former prosecutor who knows the tactics used by the state in order to secure a conviction. He’ll counter those tactics with a carefully planned defense strategy that is tailored to your unique situation.
For a free consultation with Brett A. Podolsky, call 713-227-0087.