What Factors Escalate DWI to Felony Status?
While many DWI (driving while intoxicated) offenses are classified as misdemeanors, certain factors can raise a charge to the felony level.
The possibility of a felony conviction brings greater stakes, such as longer potential incarceration, higher fines, and serious long-term consequences. I know that crafting a strong DWI defense is crucial when these aggravating factors come into play.
Understanding the circumstances that can escalate a misdemeanor DWI into felony territory can help clarify the risks and underscore why it’s so important to consult a lawyer if you’re facing charges.
Below, I’m exploring factors that may lead to a felony DWI charge in Texas, including multiple convictions, driving with a child passenger, causing an accident resulting in serious harm or death, and other aggravating considerations.
Each factor plays a significant role in determining how the offense is charged and prosecuted, so if you or someone you know is in this situation, speaking with someone well-versed in DWI defense can be an important first step. I’m Justin K. Hall at The Law Office of Justin K. Hall P.C. in Rockwall, Texas, and I represent individuals who are charged with DWI. If you're facing allegations, contact my firm today to learn about your legal options.
Misdemeanor vs. Felony DWI Basics
Generally, a first-time DWI in Texas is a Class B misdemeanor, with possible penalties such as fines, license suspension, and up to 180 days in jail.
If a person’s blood alcohol concentration (BAC) is 0.15 or higher, even the first offense may be charged as a Class A misdemeanor. Repeat offenses bring harsher punishments, and if certain aggravating factors apply, the state can pursue felony charges rather than a misdemeanor.
A felony DWI conviction often carries serious implications, including:
Lengthier prison sentences
Higher fines
Extended driver’s license suspensions
Potential restrictions on future employment, education, or housing
Loss of some civil rights (for instance, voting or firearm possession)
Because a felony conviction can affect so many parts of an individual’s life, I regularly stress how important it is to create a thoughtful DWI defense strategy if these charges come up.
Multiple DWI Convictions
One of the most common reasons for a DWI offense to become a felony is having multiple prior convictions. In Texas:
Second DWI offense: This is typically charged as a Class A misdemeanor, carrying higher fines and a longer jail sentence than a first offense.
Third or subsequent DWI offense: After two prior convictions, a new arrest is likely to be a third-degree felony, with possible prison time of two to ten years and fines that can reach $10,000. The rationale here is that repeated offenses may suggest a pattern of dangerous behavior, motivating prosecutors to push for harsher outcomes.
Prosecutors will check criminal records to uncover any past DWI convictions when deciding how to charge a new incident. If you’ve prior convictions, building a strong DWI defense becomes even more critical due to the broader punishment ranges linked to a felony.
DWI With a Child Passenger
A DWI can become a felony if there’s a child under 15 in the vehicle at the time of the offense. Under Texas Penal Code Section 49.045, driving while intoxicated with a child passenger is a state jail felony. Penalties can include:
Up to two years in state jail
Fines up to $10,000
Additional driver’s license-related consequences
The idea behind this law is that a minor is more vulnerable in these circumstances. Even if no one is harmed in the situation, the state may argue that driving under the influence while transporting a child creates an unwarranted risk.
In these situations, I often focus on examining the arrest procedures, reviewing breath or blood test accuracy, and looking into whether the child truly faced immediate danger. Since a DWI with a child passenger is automatically charged as a felony, challenging the facts and the evidence can be crucial for reducing or dismissing the charges.
Intoxication Assault and Intoxication Manslaughter
If a DWI results in serious injury or death, felony charges may be filed in the form of intoxication assault or intoxication manslaughter:
Intoxication assault: Typically considered a third-degree felony if another person experiences serious bodily injury. However, it may be elevated to a second-degree felony if the injured party is a peace officer, firefighter, or emergency medical services personnel. Serious bodily injury includes long-term impairments, disfigurements, or other substantial harm.
Intoxication manslaughter: A second-degree felony if someone dies. As with intoxication assault, if certain protected individuals (like peace officers) are involved, it may be raised to a first-degree felony.
These charges rank among the most severe in DWI-related cases, and the state typically investigates them extensively, often calling on accident reconstruction professionals or medical professionals.
If I’m building a DWI defense for such cases, I examine whether the collision could have had another cause, whether the accused was actually intoxicated at that time, and if the state can prove every piece of their case beyond a reasonable doubt.
Other Aggravating Factors
Additional factors can also increase the severity of a DWI, though they might not always turn it into a felony on their own. These aspects can influence how the prosecution views the case and what penalties they’ll pursue:
High BAC (0.15 or above): This can escalate the charge to a Class A misdemeanor, even if it’s a first offense, carrying more severe penalties than a standard DWI.
Open container: Having an open container of alcohol in the vehicle during the stop often leads to tougher penalties or influences how aggressively prosecutors pursue the case.
Property damage: Crashing into buildings, fences, or other objects may elevate how seriously law enforcement or prosecutors treat the situation, depending on how extensive the damage is.
Driving on a suspended license: If you’ve already lost driving privileges from a previous DWI and you’re caught under the influence again, prosecutors can use that to argue for stiffer penalties.
Even if these conditions don’t always jump a case to a felony, they can significantly affect the terms of a plea agreement or a prosecutor’s willingness to reduce charges. In a DWI defense approach, I typically review all arrest details, including whether the officer had valid grounds to initiate the stop and if sobriety tests were administered correctly.
Potential DWI Defense Strategies
Every case is unique, so there isn’t a universal formula for DWI defense. Some of the strategies I might consider include:
Questioning the traffic stop: Did the officer have a valid reason for pulling the car over? If there’s no reasonable suspicion or probable cause, the stop itself could be challenged.
Examining field sobriety tests: Various factors—like uneven roads, certain medications, or physical conditions—can compromise these tests. I check for mistakes or misinterpretations that might weaken the state’s evidence.
Evaluating breath or blood tests: Was the device calibrated properly? Were the samples handled following the correct chain of custody procedures? Mistakes in these areas can undermine test results.
Assessing causation in accidents: If a crash happened, I might show that external factors—such as weather or a mechanical failure—played the main role, rather than intoxication.
When charges reach the felony level, organizing a thorough, evidence-based defense can mean the difference between a more favorable resolution and facing years in prison. These tactics, however, rely on the specifics of the situation, the arrest process, and an aggressive pursuit of any inconsistencies in the evidence.
Plea Agreements vs. Trial
Sometimes, prosecutors offer plea agreements, especially if the evidence is less compelling or if the defendant has mitigating circumstances, like a genuine commitment to seeking treatment.
Accepting a plea can sometimes downgrade a felony DWI to a misdemeanor or lessen the punishment. Deciding whether to take a plea deal or proceed to trial involves weighing factors like:
The overall strength or weaknesses of the state’s evidence
The severity of potential sentencing
The details of your personal history
The chance of establishing reasonable doubt in a trial setting
Because a felony conviction has a lasting effect on many areas of life, I advise my clients carefully about the pros and cons of each option. The goal is to find a path that meets the client’s needs while accounting for the reality of the evidence.
Long-Term Effects of a Felony DWI
Aside from immediate jail or prison time, a felony DWI conviction can limit opportunities for years. Potential issues include:
Difficulty securing employment: Employers often run background checks, and a felony can hamper certain career paths, especially those requiring professional licenses.
Loss of voting rights: In Texas, you generally regain the right to vote after completing your sentence, including parole or probation, but there’s still a period of disenfranchisement.
Housing problems: Some landlords refuse to rent to individuals with felony records.
Ongoing social stigma: A criminal record can negatively affect personal relationships and general reputation in the community.
Given these broad implications, many people prioritize a strong defense when felony charges loom, so they can try to avoid these long-term roadblocks.
Reach Out Today
At The Law Office of Justin K. Hall P.C., I guide clients in understanding how these enhancing factors apply to their charges, reviewing the state’s evidence, and seeking approaches that might limit the harm of a felony DWI arrest. Whether you’re in Dallas, Collin, Hunt, or Kaufman, I’m here to help with your case. Give me a call today.