DWI FELONY REPETITION IN TEXAS

Charged with DWI Felony Repetition or 3rd DWI? Our firm has experienced Fort Worth DWI Attorneys. Board Certified in Criminal Law and former DWI prosecutor. Let us defend your Felony DWI charge.

TEXAS PENAL CODE | FELONY DWI REPETITION

If you have two prior convictions for DWI and you are arrested a third time, then you are facing a felony DWI charge. If you have never been to prison, then this is a 3rd Degree felony – range of punishment from 2 to 10 years in prison and up to a $10,000 fine. Below are the Texas Penal Code sections outlining the charges:

49.04 | TEXAS PENAL CODE | DRIVING WHILE INTOXICATED

It is a crime if a person is intoxicated while operating a motor vehicle in a public place. Except as explained below, DWI is a is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

If your case goes to trial, and the prosecution proves at the time of the offense the you were operating the motor vehicle with an open container of alcohol in your immediate possession, then the charge is a Class B misdemeanor, with a minimum term of confinement of six days.

If the prosecutor proves an analysis of a specimen of your blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, then the charge is a Class A misdemeanor.

When is DWI a Felony in Texas?

49.09 | TEXAS PENAL CODE | DRIVING WHILE INTOXICATED FELONY REPETITION

If you are arrested for:

  • DRIVING WHILE INTOXICATED – Section 49.04
  • BOATING WHILE INTOXICATED – Section 49.06
  • FLYING WHILE INTOXICATED – Section 49.05
  • ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED – Section 49.065

The DWI is a felony (3rd Degree) if the prosecutor proves you have been previously convicted:

  1. One time of INTOXICATION MANSLAUGHTER or a crime in another state if the offense contains elements (essential parts) that are substantially similar to the elements of INTOXICATION MANSLAUGHTER; or
  2. two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.