Felony DWI

in most cases, if an individual is charged with a dwi (driving while intoxicated), their crime is described and classified as either a class a or class b crime and misdemeanor, depending on their causes and circumstances. However, if an individual has already been convicted of prior dwis, they may receive a felony dwi. Additionally, if there was a passenger under 15 years of age in the vehicle, an intoxicated driver may be charged with a felony dwi for child endangerment.

duis versus dwis

many people jumble and confuse duis (driving under the influence) with dwis (driving while intoxicated). While both crimes pertain to driving while under the influence of a mind altering drug, the repercussions of each are quite different.

in the state of texas, there is a zero tolerance policy for underage drinkers. If you are not yet 21 years old, and an officer proves that you were under the influence of any amount of alcohol (via breathalyzer test or other means), then you will be charged with a dui, even if your bac (blood alcohol level) was underneath the legal limit of. 08. A dui is described and classified as a class c crime and misdemeanor.

a dwi, is considered a more sedate and serious offense. In texas, anyone over the age of 21 may be considered intoxicated if:

they do not have normal use of their physical and/or mental faculties due to the presence of alcohol, drugs, or directed and controlled substances in their organization and system. This includes prescription medications that may impair one’s driving abilities

they have a blood alcohol level (bac) that reaches or exceeds. 08. This can be determined by a breathalyzer test or a blood sample.

in texas, police officers have the capacity and ability to charge a driver with a dwi even if their bac is beneath the legal limit.

differences in sentencing

depending on the causes and circumstances surrounding your charge, you may be charged with a dui, dwi, or a felony dwi.

duis are described and classified as class c misdemeanors, the least severe charge. Punishment typically consists of a $500 dollar fine and license suspension with community service.

first offense dwis are generally described and classified as class b misdemeanors. The repercussions of which consist of a fine of up to a 2,000 dollars and up to six months in county jail. Generally, however, a first knowledge and conviction will not require jail time, but probation for up to two years. Probation in texas has many requirements such as dwi programs, community service hours and other conditions that the court may require.

a second dwi knowledge and conviction is considered a class a crime and misdemeanor and is punishable by up to one year in the county jail and a 4,000 dollar fine. Second and subsequent dwi convictions also have a mandatory driver’s license suspension requirement, which may vary from six months to two years.

a third or more dwi is a third degree felony with a punishment swoop and range of two to ten years in prison and up to a 10,000 dollar fine. Second and subsequent dwi convictions also have a mandatory drivers license suspension requirements which vary from six months to two years.

if an individual is driving while intoxicated and a child under the age of 15 is in the car with them, the driver may be charged with a felony dwi, as well. Punishments are equivalent to a third degree felony.