Felony DWI Attorney in Friendswood, TX
It’s always important to know the distinctions that turn a fairly normal driving while intoxicated (DWI) charge into a felony DWI. Understanding the differences can make it easier to build a strong defense if you are ever charged with a felony DWI. Texas takes felony DWI cases very seriously, as achieving a conviction can deter future offenders from similar actions. To defend against these charges, you should reach out to a Friendswood felony DWI lawyer as soon as you can.
At The Law Offices of Tad Nelson & Associates, our legal team understands how difficult it can be to succeed in a felony DWI case, especially if you have not yet hired a Friendswood DWI defense lawyer to help you. You will want an experienced Friendswood felony DWI attorney to walk you through the process of defense and to help you better understand the state’s felony DWI laws. Without experienced legal help, you may end up facing the maximum penalty.
What Constitutes a Felony DWI in Texas?
A felony DWI arrest in Friendswood would generally be handled in the Galveston County District Courts. You would likely be booked into the Galveston County Jail, and a magistrate would set your bond. Considering that in 2024, there were 1,053 fatalities on Texas roads as a direct result of alcohol-related accidents, it’s easy to see why the Texas courts take felony DWIs so seriously. You will want to secure a Friendswood criminal defense attorney’s help soon.
For a regular DWI to become a felony DWI in Texas, certain factors have to be present and provable in court. If you are convicted of a felony DWI, you will face much harsher penalties that will include up to 10 years in prison, a suspension of your driver’s license, and a fine of up to $10,000. DWIs comprised22% of the state’s total criminal cases in 2024, so the court is used to dealing with situations like yours.
Here are some situations that will result in a felony DWI:
- Third offense. A first offense DWI can often result in probation, community service, or sometimes just a stern warning from a judge. A second offense is considered a misdemeanor and could result in some jail time and a fine. A third offense is a felony charge, and you could face the harshest penalty possible for a DWI in Texas if convicted. Hiring an experienced DWI lawyer can give you a chance to defend against that charge.
- Intoxication assault. One of the main reasons a DWI evolves into a felony charge is bodily injury. If your decision to drive while intoxicated leads to somebody else being seriously injured, such as hitting a pedestrian or causing someone else to wreck their car, you may face automatic felony DWI charges. You should contact a lawyer as soon as you can in order to avoid additional assault charges.
- Child passenger. If you are pulled over for a suspected DWI and found to have a minor passenger under 15 years old in the car, that can be enough to escalate the situation and cause you to face felony charges. Not only will you end up facing a felony DWI charge, but you may also be charged with child endangerment. Depending on your living situation, such an incident could impact any existing custody arrangement, too.
- Intoxication manslaughter. The worst-case scenario for a DWI is inadvertently causing someone’s death as a result of your actions. If your actions were to be the cause of a death, you would face charges not just for a felony DWI but also for intoxication manslaughter, which can carry a significant prison sentence if you’re convicted. Reach out to a lawyer as soon as possible to know what your options are.
Defenses Against a Felony DWI in Texas
The smartest move you can make in a felony DWI case is to hire a felony DWI lawyer to oversee your case and prevent you from making any costly mistakes. You will want the peace of mind that your case is in the hands of someone who knows what they’re doing, understands how the system works, and is able to devise a strong defense strategy for you. Without a defense strategy, you won’t stand a chance. Here are some of the most common defenses against a felony DWI:
- Invalid traffic stop. Keep in mind that the Fourth Amendment of the Constitution protects every American from unlawful search and seizure. The police have to obey certain state and federal laws when initiating a traffic stop on a suspected drunk driver. They need reasonable suspicion of a crime in order to pull you over. If they don’t have that, any evidence gathered during their search may be suppressed, which helps you tremendously.
- Challenging chemical tests. The most common method of testing your blood alcohol concentration (BAC) is with a breathalyzer test. However, if the breathalyzer was improperly stored, calibrated incorrectly, or administered by an officer with limited training, it’s possible to get a false reading. Your lawyer can challenge the validity of the test results and the competence of the officer who gave you the test.
- Medical conditions. There are various medical conditions that can mimic the effects of intoxication or even cause a false positive on a breathalyzer test. Conditions like acid reflux, diabetes, allergies, fatigue, or even recent dental work can all cause slurred speech, red eyes, and other similar symptoms of intoxication. If you can prove a medical condition, that can be enough to get the charges dropped.
- Chain of custody. All evidence collected in a criminal case must adhere strictly to the established chain of custody. In a felony DWI case, that evidence may be the breathalyzer results or a blood sample that proves your intoxication. However, it’s common for biological evidence like that to become contaminated or even go missing if the chain of custody isn’t followed. Your lawyer can use that to get the evidence suppressed.
- Lack of operation. It is possible to contest the initial stop by proving that you weren’t actually driving the car at the time of your arrest. If the car was parked at the time and you were not in the driver’s seat, your lawyer can contest your DWI charge on the simple grounds that you weren’t driving drunk. In fact, by pulling over and sleeping it off, your lawyer may argue that you acted responsibly.
FAQs
Does a Felony Conviction Ever Leave Your Record in Texas?
No, a felony conviction does not leave your record in Texas. It can never be expunged or sealed, especially if you pleaded guilty or were found guilty. In some rare cases, a pardon or an overturned case can lead to the record being expunged, but you should never rely on that. A felony conviction can affect your life in multiple ways, even years after you’ve served your sentence. This is why you should defend yourself legally when charged.
What Kind of Felony Is a DWI in Texas?
A felony DWI in Texas is generally classified as a third-degree felony if this is your third offense, a state jail felony if there is a minor in the vehicle at the time, or a second-degree felony for intoxication assault or manslaughter. It ultimately depends on the details of your case and the aggravating factors that have contributed to the charges against you. Regardless of the felony level, you will be facing significant prison time and substantial fines.
Which One Is Worse, a Felony or Misdemeanor DWI?
A felony DWI is significant and exponentially worse than a misdemeanor DWI. A misdemeanor conviction may result in some minor jail time and a small fine. A felony conviction will likely result in prison time, serious fines, probation, a loss of certain rights, and a permanent criminal record that will impact every aspect of your life. You need to reach out to a defense lawyer quickly and start working on your strategy.
How Can I Win a Felony DWI Case in Texas?
The most reliable way to be successful with a felony DWI case is to hire an experienced and skilled DWI defense lawyer who can help you anticipate potential setbacks and give you a better chance of defending yourself. Your lawyer can motion to suppress evidence, challenge the legality of the traffic stop, and even question the chain of custody regarding blood samples. Your lawyer protects your interests and does what they can to help you avoid penalties.
Be Sure to Hire a Felony DWI Lawyer
The biggest mistake you could make for your case is failing to hire a felony DWI lawyer. Without experienced and dedicated legal help, your case may fall apart quickly, and the prosecution will have an easy time dismantling your defense. At The Law Offices of Tad Nelson & Associates, we have devoted decades to helping clients face difficult situations. We’ve been recognized by Super Lawyers, among other accolades. Accolades and recognition are no guarantee of future results; selection criteria vary among organizations. Contact us to speak with a team member.