What Kind of Crime is DWI in Texas?

by | Nov 9, 2022 | Criminal Defense, DWI

Midlothian, United States – /McCarty-Larson, PLLC/

Driving safety is taken very seriously across the country, and rightly so. Driving safety is vital for all the stakeholders; drivers, their families or passengers, other drivers on the road and their families, the government, and the community. DWI in Texas is dealt with sternly by Texas courts. 

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McCarty-Larson, PLLC is a law firm dealing with family law and criminal defense in Midlothian, TX. They provide DWI defense, and Attorney Robin McCarty has unique skills and over 25 years of experience handling the offense of DWI. His experience as a Texas Peace Officer and a Tarrant County Prosecutor gives Attorney McCarty an edge in alcohol-related crimes. 

A blood alcohol concentration of 0.08% or more in Texas will make the driver legally intoxicated. As soon as drugs or alcohol affect driving, the person will be considered to have broken the law. Any detectable amount of alcohol in the system of a driver under the age of 21 is illegal. 

Depending on different factors, a DWI case is charged as a misdemeanor or a felony. Irrespective of what charge is being pressed, it is best to have a DWI defense attorney. Even a misdemeanor DWI harms the life and reputation of a person and their family. 

A crime that is not associated with violence and that did not have an intention to harm someone is a misdemeanor. Felonies are serious crimes that include harm to others and serious financial crimes. Felonies have lengthier prison sentences and more severe punishments than misdemeanors. 

Penalties for DWI

Texas Department of Transportation encourages residents to follow traffic laws to ensure the safety of the driving public. Depending on the circumstances, a DWI in Texas may be charged as a misdemeanor or felony. 

Usually, a first-time offense is charged with a Class B Misdemeanor, which can get a fine of up to $2,000 and up to 180 days in a county jail upon conviction, with three mandatory days. The offender can lose their driving license for up to a year. 

Second-time offenders are likely to get a Class A Misdemeanor charge. This offense may carry a fine of up to $4,000 and one month to a year of jail time. The person may lose his or her driving license for up to two years.

High Blood Alcohol Content and a history of alcohol-related convictions like intoxication manslaughter and intoxication assault can turn a Class B Misdemeanor Charge into a Class A Misdemeanor or a Class A Misdemeanor into a felony. 

Two prior DWI convictions will make a DWI a felony. In Texas, after the second DWI, all additional offenses are charged as felonies. So, the third and fourth DWIs will most certainly be felonies that attract harsh penalties. 

Other DWI felony charges

Driving under the influence  (DUI) with a child passenger below the age of 15 is a state jail felony. The offense carries a child endangerment charge and can be fined up to $10,000. The offender can face up to two years in jail and lose their driver’s license for another 180 days.

Intoxication assault is a third-degree felony if an accident results in severe injury or disfigurement of the other party. 

Intoxication manslaughter is when an accident results in the death of another person and is a second-degree felony. 

DWI that incurs felony charges affects the person for life. Background check failures due to DWI charges can hinder getting hired or obtaining a home equity loan. Felony convictions have grave consequences like forfeiture of constitutional rights. An experienced DWI defense lawyer must be hired for the defense. 

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McCarty-Larson, PLLC has a team capable of challenging, dismantling, and questioning a DWI case from all angles. Their DWI attorney has the experience to dissect the opposition’s case with strategic moves. The DWI defense at McCarty-Larson, PLLC will determine if there has been an erroneous arrest, whether there were rights violations at a sobriety checkpoint, find weaknesses in the opposition’s case by a relentless cross-examination, etc. This DWI defense lawyer in Midlothian, TX, is skilled in deconstructing cases against their clients and using evidence as leverage against the prosecution to create a favorable position for their clients. They ensure that the client gets to share their story and fight to protect each client’s rights and freedoms. For legal services related to criminal defense or family law, McCarty-Larson, PLLC in Midlothian, TX, can be contacted by phone at (972) 775-2100 or emailing at [email protected] to schedule an initial consultation with highly qualified criminal and family attorneys.