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DRIVING WHILE INTOXICATED

DRIVING WHILE INTOXICATED

Felony DWI

Known as DUI , or driving under the influence, in other states, drunk driving is a serious offense in Texas. According to Tex. Penal Code Section § 49.04, a person commits the crime of driving while intoxicated (DWI) in Texas if he or she is operating a motor vehicle in a public place. Intoxicated is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, drugs, a combination, or any other intoxicating substance in the body, or as having a blood or breath alcohol concentration (BAC) of .08 or higher. 

Generally, a Class B Misdemeanor, DWI in Texas is already a punitive offense. However, when the DWI charge becomes a felony, the defendant faces even more sobering consequences that include an increase in fines, jail time, driver's license suspensions, and the loss of certain future opportunities and civil rights. An experienced Georgetown drunk driving defense lawyer can build you a customized, comprehensive defense to your Williamson County felony DWI charges and fight to have them reduced or dismissed.

Georgetown Felony DWI Defense Attorney

Felony DWI in Texas is a serious offense that can have a significant negative impact on your future. If you have been arrested on a felony DWI charge in Georgetown, Round Rock, Cedar Park, Leander, Taylor, Hutto, or the surrounding areas in Williamson County, contact Law Office of Michael J. Price P.C. as soon as possible after your arrest to immediately begin your defense.

Michael J. Price is an experienced DWI defense attorney in Williamson County who know what it takes to defeat felony DWI charges. With decades of combined experience serving clients like you, Michael and Mark will work with you on and toward the favorable outcome you desire in your Georgetown felony DWI case.

To find out more about what Law Office of Michael J. Price P.C. can do for you, call (512) 354-1880 today and schedule your free initial case consultation.


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Types of Felony DWI Offenses in Williamson County

When it comes to drunk driving in Texas, there are many DWI offenses that are specifically listed in Chapter 49 of the Texas Penal Code, such as standard DWI, boating while intoxicated (BWI), and flying while intoxicated (FWI). Only some of these offenses, however, are felonies.

Felony DWI offenses are important to distinguish because they come with harsher penalties and a greater impact on your future than misdemeanor DWI offenses. The assistance of an experienced Georgetown DWI defense lawyer is strongly recommended to better defense your rights and your future if you have been charged with any of the following felony DWI charges in Williamson County:

  • Third or Subsequent DWI: Tex. Penal Code Section § 49.09(b)(2) – When you have 2 or more prior DWI convictions of any kind, including flying while intoxicated, boating while intoxicated, standard DWI, or another DWI offense, the third or subsequent DWI charge is upgraded to a third-degree felony. 
  • DWI with Child Passenger: Tex. Penal Code Section § 49.045 – If you are arrested for DWI in Texas and there is a child under the age of 15 in the vehicle you were driving at the time of the alleged offense, you will be charged with DWI with a Child Passenger, which is a state jail felony.
  • Intoxication Assault: Tex. Penal Code Section § 49.07 – If the DWI offense resulted in serious bodily injury to another person, it becomes an offense of intoxication assault, which is either a second or third-degree felony. Serious bodily injury is any injury that creates a substantial risk of death, or that causes serious permanent disfigurement and/or impairment to one or more body parts.
  • Intoxication Manslaughter: Tex. Penal Code Section § 49.08 – If the offense of DWI resulted in the death of another person, it is considered to be intoxication manslaughter. Intoxication manslaughter is a second or first-degree felony, depending on the case

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Texas Penalties for Felony DWI Convictions

While the actual presumptive sentencing for the different felony DWI offenses is different, many of the additional sanctions like license suspensions are the same. For any felony DWI offense in Williamson County, these additional sanctions usually include up to 1,000 hours of community service, installation of an ignition interlock device on the defendant's vehicle, the payment of court costs and fees, the completion of a drug or alcohol program, a repeat offender class, and a suspension of your Texas driver's license.

The statutory penalties that these general felony DWI penalties go with vary by offense according to what class felony the offense falls in. The class of the felony DWI offense, such as with intoxication assault, depends on if there are any priors and the circumstances in the case. Prior offenses of any kind that are felonies generally upgrade the offense a whole class under habitual felony offender law. DWI felonies generally have presumptive sentences of the following:

State Jail Felony DWI Offense

  • 6 months to 2 years in prison
  • Up to $10,000 fine

Third-Degree Felony DWI Offense

  • 2 to 10 years in prison
  • Up to $10,000 fine

Second-Degree Felony DWI Offense

  • 2 to 20 years in prison
  • Up to $10,000 fine

First-Degree Felony DWI Offense

  • 2 to 99 years, or life, in prison
  • Up to $10,000 fine

Additionally, convicted felons in Texas have collateral consequences like the loss of certain civil rights – for example, the right to bear arms and vote – as well as ineligibility to pursues certain educational or professional opportunities, or apply for certain government aid. Felony DWI convictions within five years of a previous DWI offense will result in more stringent penalties. An experienced Williamson County felony DWI defense attorney can fight to protect your rights, your future, and your driving privileges from conviction for felony DWI in the Georgetown area.


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Law Office of Michael J. Price P.C. | Defense Lawyer for Felony DWI in Williamson County

If you have been arrested and charged with felony DWI anywhere in Williamson County, including Round Rock, Georgetown, Cedar Park, Leander, Taylor, and Hutto, contact Law Office of Michael J. Price P.C. to begin your defense immediately. Michael J. Price is an experienced criminal defense lawyer in Georgetown who help many clients just like you.

Your first consultation is free, so call (512) 354-1880 today and schedule yours.