What Is a Felony DWI in Texas and How Is It Different from a Misdemeanor DWI

If you are reading this, you may be facing a DWI charge in Texas, and you likely have many questions. We understand that being arrested for driving while intoxicated can bring a mix of emotions, including confusion, frustration, and fear. You may be wondering what happens next and how this will affect your life. At our law firm, we want to offer you the clarity and support you need during this challenging time. We are here to help guide you through the legal process and work towards the best possible outcome for your case.

Understanding DWI Charges in Texas

In Texas, a DWI, or Driving While Intoxicated, refers to the offense of operating a vehicle while impaired by alcohol or drugs. While many people think of a DWI charge as a relatively minor offense, the reality is that it can have serious consequences depending on the circumstances surrounding the case. A DWI in Texas can be classified as either a misdemeanor or a felony. Understanding the difference between these two classifications is crucial because they can impact everything from the potential penalties you may face to your future prospects.

What Is a Felony DWI in Texas?

A felony DWI charge in Texas is much more serious than a misdemeanor charge. It occurs when a person has been arrested for driving while intoxicated under specific aggravating circumstances. These circumstances may include prior DWI convictions or certain situations where the driver poses a higher risk to public safety.

A person will typically face felony charges if they have been convicted of two or more prior DWI offenses. Texas law has a “repeat offender” law that makes a third or subsequent DWI charge a felony. This means that if you are arrested for DWI and you have already been convicted twice before, your case could be classified as a felony.

Another way a DWI can become a felony is if the driver causes serious injury or death to another person while under the influence. If you have been involved in an accident that leads to someone being seriously hurt or killed, you could face a felony DWI charge. This is because the law treats these situations as much more serious, given the harm caused to others.

The penalties for a felony DWI in Texas can be severe. They can include a lengthy prison sentence, heavy fines, and a long-term loss of your driving privileges. The severity of the penalty depends on the specific circumstances of the case, such as whether someone was injured or killed in the accident. Additionally, a felony DWI conviction can have long-term consequences for your employment, reputation, and overall quality of life.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

What Is a Misdemeanor DWI in Texas?

A misdemeanor DWI charge is less serious than a felony but still carries significant legal consequences. Misdemeanor DWIs are typically charged when someone is arrested for a first-time offense and there are no aggravating factors like previous DWI convictions or an accident involving injury or death.

In Texas, a first-time DWI offense is typically classified as a Class B misdemeanor. This means that the person charged could face penalties such as fines, community service, and a potential suspension of their driver’s license. For a first offense, the potential sentence is usually less severe than that for a felony DWI. However, a conviction can still result in long-lasting consequences, such as a criminal record and higher insurance rates.

A second DWI offense is also generally considered a misdemeanor, but it is classified as a Class A misdemeanor. The penalties for a second offense are more severe than for a first-time offense and may include increased fines, longer driver’s license suspension periods, and the possibility of jail time.

It is important to note that even though a misdemeanor DWI charge is less severe than a felony, it is still important to take the charge seriously. A misdemeanor DWI conviction can have lasting effects on your personal and professional life, and it may even increase the chances of facing felony charges if you are arrested for a third DWI offense.

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Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”

- Anil Lingutla

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I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."

- Isaac Harrell

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After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."

- JJ Canter

Key Differences Between Felony and Misdemeanor DWI Charges

The key differences between a felony and a misdemeanor DWI primarily lie in the severity of the offense and the potential consequences. A felony DWI typically involves multiple prior DWI convictions or a situation where someone is seriously injured or killed. A misdemeanor DWI, on the other hand, is generally a first or second-time offense without aggravating circumstances.

The penalties for a felony DWI are significantly harsher than those for a misdemeanor. Felony DWI convictions can result in years in prison, large fines, and a lifetime criminal record. In contrast, misdemeanor DWI convictions may lead to shorter jail sentences or probation, along with fines and driver’s license suspensions.

Furthermore, the long-term consequences of a felony DWI conviction can be life-changing. In addition to jail time and fines, a felony conviction can make it difficult to find employment, especially in fields that require background checks. A misdemeanor DWI, while still serious, generally has fewer long-term consequences, though it can still affect your driving privileges and employment opportunities.

How Can a Lawyer Help with Your DWI Case?

Whether you are facing a misdemeanor or felony DWI charge, having an experienced attorney by your side can make all the difference. A skilled DWI attorney can review the details of your case, investigate any potential weaknesses in the prosecution’s evidence, and help you explore possible defenses. In some cases, your attorney may be able to negotiate for a reduced sentence or even get the charges dropped altogether.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

DWI - Not Guilty

0.117 BAC Three Hours After Causing A 3-Car Accident

Second DWI - Not Guilty

0.24 DWI on Moped And Stipulated To Intoxication In Trail

DWI - Not Guilty

2 DWIs 3 Years Apart

DWI - Not Guilty

2nd DWI .165 BAC

DWI - Not Guilty

2nd DWI - Refused Sobriety Testing

DWI - Not Guilty

0.199 BAC 2.5 Hours After The Stop

An attorney can also help you understand the legal process, explain your options, and guide you through each step of the proceedings. With the right legal representation, you may be able to minimize the consequences of your DWI charge and work towards a more favorable outcome.

If you are facing a felony or misdemeanor DWI charge in Texas, it is essential to take swift action and seek professional legal help. At our law firm, we understand the weight of these charges and the impact they can have on your life. We are committed to helping you navigate the legal system and work towards a successful resolution of your case.

If you are dealing with a DWI charge, whether it is a misdemeanor or felony, you do not have to face this challenge alone. At Wilder Law Firm, we have the experience and dedication needed to help you through this difficult time. We are here to listen to your concerns, provide you with guidance, and work hard to achieve the best possible outcome for your case.

Contact us today to schedule a consultation and let us put our legal knowledge to work for you. Let us help you fight your DWI charges and work towards a brighter future.

To learn more about this subject click here: What Is a DWI Pretrial Diversion Program in Texas