Driving while intoxicated (DWI) charges are relatively common in Texas. People of all ages can fail to properly gauge their blood alcohol concentration (BAC) before driving. They might cross paths with a police officer or cause a crash on their way home from a party.
Some drivers get arrested after collisions, while others get pulled over and then arrested after one-on-one traffic stops. Especially when drivers facing DWI charges have no prior criminal record, they might expect prosecutors and judges to offer them a degree of lenience.
However, it is common for prosecutors to seek the most serious charges they can justify given their evidence and for judges to hand down significant penalties after convictions or guilty pleas. In fact, DWI cases sometimes involve felony charges instead of misdemeanor charges.
When other people incur injuries
The worst possible outcome for an impaired driving situation involves a motorist causing harm to themselves or others. Impaired drivers cause many of the most serious charges in Texas every year. Prosecutors may be able to justify felony charges in cases where an impaired driver caused a crash that injured or killed other people.
When the driver has young passengers
Impaired motorists effectively make the decision to take their own lives in their hands when they get behind the wheel. The passengers in their vehicle may not be aware of the safety risks. That is especially true when the passenger is a child. Texas law allows prosecutors to pursue felony charges when someone accused of a DWI has a passenger under the age of 15.
When the driver has a history of DWI offenses
First-time DWI charges are often misdemeanor offenses. Even a second charge might be a misdemeanor as long as no one ended up hurt. However, once someone has at least two prior DWI convictions, any subsequent charge is likely to be a felony DWI offense. Felony DWI charges involve harsher penalties. A felony criminal record also tends to have a stronger chilling effect on an individual’s employment, housing and educational opportunities.
Motorists who fight back against DWI charges may be able to avoid a criminal record and the penalties the courts can impose after a conviction. Reviewing the situation with a skilled legal team can help people understand what charges and penalties might be possible after a DWI arrest.