A misdemeanor DUI cannot technically turn into a felony. However, depending on the circumstances, you could face a felony if, for example, you were driving with a minor in the vehicle or you caused an accident.
Circumstances Under Which a Misdemeanor DUI May Turn Into a Felony
Driving under the influence can lead to felony charges in some circumstances:
Intoxication Manslaughter/Assault
If you were driving under the influence and caused an accident that led to an injury or fatality, you can face intoxication assault or manslaughter charges. Intoxication assault or intoxication manslaughter charges can apply if you have a blood alcohol concentration (BAC) of 0.08 or above or if you do not have control of your mental or physical faculties.
Driving With a Minor
According to Texas Penal Code 49.045, you commit a felony if you are driving drunk or under the influence with a child passenger who is younger than 15 years of age. As such, you can be charged with child endangerment even if you did not cause harm to the child or anyone else.
Penalties You Could Face
The penalties you could face depend on the circumstances of your case. If you were driving under the influence with a child in the car, you could face state jail felony charges. This includes the following penalties:
- Between 180 days and 2 years in state jail
- A $10,000 fine
Per Penal Code Chapter 12, if you caused an accident with injuries, you could face third-degree intoxication assault charges. Penalties include:
- Between 2 and 10 years in prison
- A $10,000 fine
If your accident caused a fatality, you could face second-degree intoxication manslaughter charges. You face the following penalties:
- Between 2 and 20 years in prison
- A $10,000 fine
Legal Defense Against a DUI Charge
Regardless of whether you are facing misdemeanor DUI charges or more severe felony charges, you do not need to handle this alone.
You may want to consider hiring a private felony DUI lawyer in Dallas, Texas to represent you in your case. A DUI lawyer may be able to defend your case in the following ways:
Reasonable Doubt
DUI cases are not always cut-and-dry. A defense attorney may be able to establish that there is not enough evidence to convict you of the DUI. There may be insufficient proof that you were driving the vehicle or that you were under the influence. Your lawyer may attempt to request that the judge throw the case out.
Plea Bargain
If you plead “guilty” or “no contest” to the charges against you, your lawyer may work out a plea bargain with the prosecuting attorney. You may be able to have your charges dropped or reduced.
Case Dismissal
Your attorney may request a dismissal if you were treated unfairly by the arresting officers or the prosecuting attorney. If a law officer did not follow proper protocol or if there was an error with the breathalyzer test, your lawyer may be able to have your case thrown out.
Hire a Criminal Defense Lawyer in Dallas, Texas Today
If you were charged with a misdemeanor DUI or another more severe offense, contact the Law Offices of Randall B. Isenberg. We may be able to represent your DUI or DWI case. Call (214) 696-9253 for a free consultation with a member of our team today.
