Felony DWI, also known as Felony Driving While Intoxicated, refers to a serious criminal offense in which an individual is charged with driving under the influence of alcohol or drugs. In the context of Texas law, a DWI offense becomes a felony under specific circumstances. Entrusting a Coppell felony DWI lawyer to handle your case is critical in protecting your best interest.
Our Coppell DWI attorneys have decades of experience with felony cases. We have an extensive track record of felony DWI victories and will fight for you to maintain your freedom. Don’t settle for a cheap lawyer or attempt to represent yourself if your legal knowledge is limited. Your future is worth the investment of successful, aggressive legal support.
How Texas Defines a Felony DWI
In Texas, a DWI charge typically starts as a misdemeanor offense. However, it can be elevated to a felony if certain criteria are met. One circumstance that can lead to a felony DWI charge is when an individual has been convicted of DWI two or more times within 10 years. Upon the third offense, the charge is upgraded to a felony, carrying more severe penalties and consequences.
Additionally, a DWI offense can also be classified as a felony if it involves an accident resulting in serious bodily injury or death. This means that if a person causes a DWI-related accident that leads to significant harm or the loss of life, the charge will automatically be elevated to a felony offense. The specific legal provisions governing felony DWI in Texas can be found in the Texas Penal Code, sections 49.04 and 49.09.
Common Felony DWI Charges in Texas
In Texas, there are several common felony DWI charges that individuals can face based on specific circumstances. These charges carry significant legal consequences and potential long-term impacts, so it is highly advised to seek legal help from an experienced Coppell felony DWI attorney as soon as possible. Common felony DWI charges in Texas include:
- Third DWI Offense
- DWI with a child passenger under 15 years old (Texas Penal Code 49.045)
- DWI with serious bodily injury to another person
- DWI with the death of another person (Texas Penal Code 49.08)
These are just a few examples of common felony DWI charges in Texas. Other factors, such as prior convictions, aggravating circumstances, and the specific details of the case, can also impact the charges and penalties. If facing any felony DWI charges, seek legal help from a skilled felony DWI lawyer in Coppell, TX, who can provide advocacy and legal support.
Possible Defenses a Felony DWI Lawyer Can Use
Our Coppell felony DWI lawyers are meticulous and will thoroughly examine the stop, investigation, testing, and arrest to build an ironclad defense. We work to protect your rights and strive to reach a favorable outcome that safeguards your future. Successful defenses used in DWI cases include:
- Invalid traffic stop: A lawyer can argue there was no probable cause for the initial traffic stop, making any subsequent DWI investigation invalid (Texas Code of Criminal Procedure Art. 38.23).
- No reasonable suspicion for field sobriety tests: The officer must have reasonable suspicion of intoxication before conducting field sobriety tests. A lack of reasonable suspicion means test results can be excluded.
- Errors in blood/breath testing: Issues with calibration, administration, or chain of custody for blood/breath tests may invalidate results (Texas Transportation Code 724.064).
- Violations of defendant’s rights: Any violations of rights, such as denied access to an attorney, can lead to evidence being excluded (U.S. Constitution Amendment 6).
- Insufficient evidence: Weak, circumstantial, or flawed evidence may result in acquittal if the lawyer mounts an aggressive challenge.
- Medical conditions: Certain medical disorders like diabetes can cause failed field sobriety or breath test results that mimic intoxication.
Understanding the Penalties for Felony DWI in Texas
Knowing the penalties for felony DWI in Texas will help those accused to understand their felony DWI attorney’s legal strategy. The following penalties are commonly associated with felony DWI offenses in the state:
- Up to $10,000 in fines (Texas Penal Code 12.35)
- Jail time
- Loss of driver’s license for up to 2 years (Texas Transportation Code 521.344)
- Installation of ignition interlock device (Texas Penal Code 49.09)
- Community supervision or probation
What Your Felony DWI Punishment Means
- Fines: The exact amount of the fine will depend on the specific circumstances of the case and any prior convictions.
- Incarceration: Felony DWI offenses carry the possibility of imprisonment. The length of the prison sentence can vary depending on the severity of the offense and any aggravating factors. The court will determine the specific duration of the sentence.
- Driver’s license suspension: A felony DWI conviction in Texas can lead to the loss of driving privileges. During the suspension period, you will not be allowed to operate a motor vehicle legally.
- Ignition interlock device: In many felony DWI cases, the court may order the installation of an ignition interlock device (IID). An IID is a breathalyzer-like device that is installed in the individual’s vehicle, and it requires the driver to provide a breath sample before starting the vehicle.
- Community supervision or probation: Instead of or in addition to incarceration, the court may impose community supervision or probation for felony DWI offenses. This involves being placed under the supervision of a probation officer and complying with specific conditions, such as regular check-ins, attending counseling or treatment programs, and refraining from alcohol or drug use.
The court may consider additional factors when determining the penalties, such as the defendant’s criminal history, level of remorse, and willingness to seek treatment. Retaining a knowledgeable lawyer in Coppell who specializes in Texas DWI defense increases your chances of receiving a reduced charge or better.
Finding a Coppell Felony DWI Lawyer to Represent Your Case
Hiring a top-rated felony DWI lawyer in Coppell, TX, is crucial when facing serious charges, as they can provide invaluable guidance, representation, and advocacy throughout the legal process. There are some key reasons why hiring a felony DWI lawyer is important:
Experience Handling Felony Cases
A felony DWI charge is a complex and serious matter that requires a lawyer with experience in handling similar cases. Felony DWI cases involve intricate legal procedures, evidentiary challenges, and potential sentencing enhancements.
An experienced felony DWI lawyer will have a deep understanding of the legal system, knowledge of courtroom procedures, and familiarity with the strategies necessary to navigate these complex cases effectively.
Knowledge of DWI Laws
DWI laws can be intricate and vary from state to state. A skilled felony DWI lawyer will possess comprehensive knowledge of the specific DWI laws in Texas, including the relevant statutes, case precedents, and legal defenses. Our legal team’s knowledge allows us to assess the strengths and weaknesses of the prosecution’s case and develop a defense strategy that is tailored to the unique circumstances of your case.
Winning Defense Strategies
Our felony DWI lawyer in Coppell, TX, will develop unique defense strategies based on the specific facts and evidence of your case. If needed, we will employ experts to collaboratively investigate the circumstances surrounding the arrest and examine the reliability of the chemical tests. Our job is to challenge the legality of the traffic stop or arrest and analyze any potential constitutional violations.
Expert witnesses, such as forensic toxicologists or accident reconstruction specialists, will be present to provide testimony that supports your defense. By developing a robust defense strategy, our Coppell DWI defense attorneys can work towards reducing charges, negotiating plea agreements, or securing an acquittal at trial.
Protection of Rights and Interests
The impact of a felony can destroy your life. Our felony DWI lawyers are committed to protecting the rights and interests of their clients throughout the legal process and after we’ve won. We will ensure that your constitutional rights, such as the right to due process and protection against unlawful searches and seizures, are upheld and will work to minimize the potential negative consequences of a DWI.
Legal Guidance and Support
Facing a felony DWI charge can be overwhelming and stressful. Our criminal defense law firm provides the necessary legal guidance and support to navigate the entire process. We will explain the legal proceedings, options, and potential outcomes, allowing you to make informed decisions.
Do You Need a Felony DWI Lawyer to Fight Your Case in Coppell, TX?
Hire a Coppell felony DWI lawyer with experience handling felony cases, extensive knowledge of DWI laws, and the ability to develop strong defense strategies, which is crucial when facing serious charges.
The criminal lawyers at Randall B. Isenberg Law Firm will provide the necessary guidance and advocacy to help navigate the legal process and work towards the best possible outcome. Contact us today.
