Driving under the influence (DUI) in Texas is a serious offense with potentially severe consequences. Whether a DUI is a misdemeanor or a felony depends entirely on your prior driving record and the specifics of the current offense. This guide will clarify the circumstances under which a Texas DUI becomes a felony and the penalties you could face.
What Constitutes a DUI in Texas?
Before diving into felony classifications, let's establish what constitutes a DUI in Texas. A DUI occurs when a driver operates a motor vehicle while intoxicated by alcohol or certain controlled substances. Intoxication is typically determined by a blood alcohol concentration (BAC) of 0.08% or higher, but other factors, such as erratic driving behavior, can also lead to a DUI charge.
When Does a Texas DUI Become a Felony?
A DUI in Texas is typically a misdemeanor offense. However, it can be upgraded to a felony under specific circumstances:
Prior DUI Convictions:
This is the most common way a DUI becomes a felony in Texas. Specifically:
- Third DUI: A third DUI conviction within a ten-year period is typically a felony.
- Fourth or Subsequent DUI: Any subsequent DUI conviction, regardless of the time elapsed between offenses, is also generally a felony.
Serious Bodily Injury or Death:
If your DUI causes serious bodily injury or death to another person, the charge will almost certainly be upgraded to a felony. The severity of the felony will depend on the extent of the injuries or whether a fatality resulted.
What are the Penalties for a Felony DUI in Texas?
The penalties for a felony DUI in Texas are significantly more severe than those for a misdemeanor DUI. These penalties can include:
- Imprisonment: Felony DUI convictions can result in lengthy prison sentences, ranging from several years to decades, depending on the specifics of the case.
- Fines: Substantial fines are also common, potentially reaching tens of thousands of dollars.
- License Suspension or Revocation: Your driver's license will likely be suspended or revoked for an extended period, potentially permanently.
- Vehicle Seizure: The court may order the seizure of your vehicle.
- Community Supervision: Instead of prison, you may be placed on community supervision (probation), which comes with strict conditions.
- Ignition Interlock Device: You might be required to install an ignition interlock device in your vehicle, which prevents operation unless you pass a breathalyzer test.
How Can I Avoid a Felony DUI Charge?
The best way to avoid a felony DUI charge is to avoid driving under the influence altogether. Always designate a sober driver, utilize ride-sharing services, or call a taxi. If you've been charged with a DUI, it's crucial to seek legal counsel immediately. An experienced Texas DUI attorney can help you navigate the legal system and potentially mitigate the consequences.
What is the difference between DWI and DUI in Texas?
In Texas, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably. They both refer to the same offense.
Can I get my license back after a felony DUI in Texas?
Reinstating your driver's license after a felony DUI in Texas is a complex process that typically involves completing a lengthy period of suspension, fulfilling specific requirements like completing a substance abuse program, and possibly obtaining a restricted license before full reinstatement.
What are the possible defenses against a felony DUI in Texas?
Several defenses exist against felony DUI charges in Texas, and their applicability depends on the specific circumstances of each case. These could include challenges to the legality of the traffic stop, questions about the accuracy of the breathalyzer or blood test results, or arguments relating to the lack of sufficient evidence to prove intoxication.
This information is for educational purposes only and should not be considered legal advice. If you have been charged with a DUI in Texas, it is crucial to consult with a qualified attorney immediately.
