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Felony Attorney in Williamson County

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Felony DWI Lawyer in Williamson County.

Is a DWI a Felony in Texas?

DWI offenses in Texas are commonly charged as misdemeanors, but there are several cases where they can be aggravated to a felony offense.

In Texas, a DWI will be classified as a felony if:

  1. Two prior DWI convictions on record
  2. DWI with Child Passenger (Penal Code Section 49.045)
  3. Intoxication Assault (Penal Code Section 49.07)
  4. Intoxication Manslaughter (Penal Code Section 49.08)

A felony DWI in Texas has serious consequences, which is why it is very important to retain experienced legal counsel right away. Our felony DWI attorneys in Williamson County at R. Scott Magee, Attorney at Law are ready and able to defend you against these charges.

Texas Intoxication Assault

Intoxication Assault is a DWI offense where the defendant causes serious bodily injury to another person. Intoxication Manslaughter is similar but the DWI offense results in the death of another person. This type of felony DWI is the least common, but holds very serious penalties if committed.

Felony DWI Penalties in Texas

The consequences for felony DWI offenses depend on the degree of felony. A third offense DWI as well as intoxication assault offenses are charged as third degree felonies. Intoxication manslaughter is more serious and is generally charged as a second degree felony.

The potential penalties you could be facing include:

Third Degree Felony:

  • Between two and 10 years in prison
  • Community service for between 160 and 600 hours
  • License suspension for between 180 days and two years
  • Additional fines

Second Degree Felony:

  • Up to one year in prison
  • Additional fines
  • Community service for between 240 and 800 hours

Consequences of Violating the Implied Consent Law

If you are pulled over for suspicion of driving while intoxicated (DWI) in Williamson County, Texas, remember that one condition of having a driver’s license is that you give “implied consent” for drunk driving tests. In other words, under this Texas law, you are legally obligated to submit to a breath or blood test if a law enforcement officer suspects you of driving under the influence of alcohol or drugs. Refusing a breath or blood test can have long-term consequences. 

First and foremost, your driver’s license will be automatically suspended for at least 180 days. This administrative suspension is on top of any criminal charges you may face for the DWI. On the other hand, if you were found to be 100% alcohol-free, you’ll still lose your license temporarily for the refusal to be tested. Don’t forget that refusing to take a test can be used against you in court. The Williamson County district attorney can use your refusal as evidence of guilt, making it harder to defend yourself against the charges.

By refusing to comply with the implied consent law, you are sending a message to law enforcement and the court that you have something to hide. Refusing a breathalyzer can significantly impact your case and the outcome of any subsequent legal proceedings.

Felony DWI Penalties in Texas

Drunk driving in Texas can be a misdemeanor or felony depending on the circumstances. If you have been arrested for a felony DWI in Williamson County, Texas, expect harsher penalties. Here are some key points to keep in mind regarding felony DWI penalties in Williamson, County, Texas:

  • General Penalties – The penalties for felony DWI convictions can vary depending on the specific circumstances and the defendant’s criminal history. However, in general, felony DWI convictions can result in significant fines, probation, mandatory attendance at alcohol education programs, and even lengthy prison sentences.
  • Aggravating Factors – Know that a felony DWI is typically charged when certain aggravating factors are present, such as causing serious bodily injury or death to another person. Repeat offenses can also lead to felony charges.
  • Third Conviction – For a third DWI offense, which is considered a felony, the penalties can include fines of up to $10,000, a prison sentence ranging from 2 to 10 years, and a mandatory ignition interlock device installed on your vehicle.
  • Intoxication Assault – If you are charged with this crime, which occurs when you cause serious bodily injury to another person while driving under the influence, you may face a felony charge with, again, fines of up to $10,000, a prison sentence ranging from 2 to 20 years, and the potential loss of your driver’s license.
  • Intoxication Manslaughter – In cases involving intoxication manslaughter, where a person dies as a result of a DWI-related accident, the charge can be a second-degree or first-degree felony. The penalties for a first-degree felony can include fines of up to $10,000, a prison sentence ranging from 5 to 99 years or life, and the potential loss of your driver’s license.

Proven Defense in Round Rock & Georgetown, TX

The consequences for DWI with a Child Passenger is felony child endangerment in Texas. This could result in up to two years in jail, 180 day license suspension and a fine of up to $10,000. Fight against your felony DWI offense with the help of our Williamson County Felony DWI attorneys at R. Scott Magee, Attorney at Law.


We offer a free initial consultation, so contact our firm online or call our Williamson County Felony DWI attorney at (512) 983-1675 to get started building a defense.

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Case Results

Case Dismissed

 

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Case Dismissed

 

State v. A.D. – DWI (involving accident)

Dismissed

 

State of Texas v. T.C. – Sexual Assault

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Have you Been Arrested for a DWI?

Learn more about probation violations and penalties you could face.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.

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